North American Network Operators Group

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Re: ORBS block

  • From: J.D. Falk
  • Date: Sat Dec 18 17:24:35 1999

On 12/18/99, Derek Balling <[email protected]> wrote: 

> Anyone can do whatever he wants with his/her mail server.
> The Network Operator can do whatever he wants with his network, BUT if the 
> network provider has downstream customers, paying for internet 
> connectivity, and the operator filters out part of that connectivity, then 
> the operator has voided the contract (by filtering out a portion of the 
> network the downstream may consider "important") in a manner that allows 
> the downstream to bail out of any such contract. (I think such a filter 
> could be considered "materially altering the service provided" although IANAL).
> I think that's the gist of things from what I've seen...

	Yup, we've seen those arguments before.  It seems common for
	the operator of said network or server to say "I can do any
	damned thing I please," and users or customers to whine "no
	you can't!" without reading the contract.

	Truth is, in most contracts, the folks who own and operate
	the equipment can do whatever they please, and if their down-
	stream users/customers/wankers/whatever don't like it they
	can find another provider.

	Personally, as long as policies are clearly spelled out, I
	have no problem with that.

 ---------========== J.D. Falk <[email protected]> =========---------
  |         "Well, you don't have to worship Cthulhu very long,          |
  |          but I'm told it's an interesting experience."               |
  |                                    -- Scott K. Stafford              |
 ----========== ==========----