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Re: InterCage, Inc. (NOT Atrivo)

  • From: Patrick W. Gilmore
  • Date: Fri Sep 12 13:43:49 2008

On Sep 12, 2008, at 1:42 AM, Lamar Owen wrote:

[On-list comment. Off-list comments longer.]

On Thursday 11 September 2008 22:23:35 Patrick W. Gilmore wrote:
If I have either a peering agreement or a transit arrangement with a
written
contract, then that contract supports my 'rights' under that contract
persuant to my responsibilities being fulfilled.

If you had ever read a peering agreement,

I have; see this publicly available peering agreement [0], where in clause 9
we find the wording "Neither party shall assign its rights under this
Agreement without the prior written consent of the other party." In clause 5
we find the wording "If ... there are significant breaches of the conditions
of this agreement, both parties reserve the right unilaterally to immediately
terminate the agreement ..." See what lies under the points of ellipsis by
reading the whole (2.5 page) agreement; it is succinct, clear, and a great
model.


Drifting off-topic; my participation in this thread terminated, unilaterally.

Actually, peering is on-topic. I'm sure there are many others out there who are just as unaware of how things work on the Internet as you are. That said, I'm not sure how many of them can read a peering agreement come to the conclusion that you then have a "right" to connect to my network.


Going back a bit in case you forgot, we were discussing the fact you have NO RIGHT to connect to my network, it is a privilege, not a right. You responded with: "If I have either a peering agreement ... then that contract supports my 'rights' under that contract persuant to my responsibilities being fulfilled." Then you posted this contract as an example of those "rights". From the contract you claim to be "a great model":

<quote>
Each party’s entire liability and sole remedies, whether in contract or in tort, in respect of any default
shall be as set out in this Clause or Clause 5. Each party’s remedies against the other in respect of any
default shall be limited to damages and/or termination of this agreement.
</quote>


I guess you could argue you have a right - at least until I type "shut" on your BGP sessions. Then your rights end.

I need no reasoning to do this. None. And your recourse once I have done this is.... Hrmm, it seems your only recourse is to type "shut" on your side of the session. Yeah, lots of rights there.

Now, in practice, it is poor manners, and poor business judgement to shut someone off without notice. It hurts your customers and mine, and puts a very large strain on any other business dealings we have in progress or might have in the future. But manners and business deals are not rights. That should be plainly obvious to you (I hope).


Oh, and I notice you ignored my question, again. I won't bother copy/ pasting it here just to have you continue to ignore it, I think the audience gets the point - you don't have an answer.


--
TTFN,
patrick