North American Network Operators Group

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Re: (UPDATE) Can a Customer take their IP's with them? (Court says yes!)

  • From: Doug White
  • Date: Wed Jun 30 07:41:33 2004


As more and more of the "facts" come to light, it appears that NAC has brought
much of this on themselves, and will need to dedicate the legal resources to
counter the claims of Pegasus, in fact their own survival may well depend on
it.  I have to admit I have little sympathy for them or any provider who hosts
spam operations.

Historically, NAC.net has received spam reports by the tens of thousands, and
have consistently did not much more than pass out rhetoric.  Their contract
with pegasus, as well as their publically published Terms of Service were
rarely, if at all, enforced, which appears to have come home to bite them.

Pegasus applied for and wants to have direct access via direct allocations,
probably for the simple reason of allowing themselves to become a bullet-proof
spam host operation.  Obviously spamming is very profitable, and they wish to
stay on the cash train awhile longer.  NAC likewise did nothing to interrupt
their own revenue source despite the number of complaints.

Any new carrier that picks them up is going to bring upon themselves a "bucket
of hot water" given the history of this operation.

Whle they may not enter into evidence the multiple violations of AUP and TOS
they would have to show that they attempted to enforce the contracts, which
they simply did not do.  I doubt there is a judge anywhere who would not
recognize and understand the term "spam" and its effects on the carrier's
operations.

Hopefully this whole affair will be a wake-up call to providers who put revenue
ahead of sound policy enforcement, assuming they have enforceable policies in
effect.