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 NOYBSt. John 3.16Premium
join:2005-12-15
Forest Grove, OR
kudos:1
4 edits | EFF, Start Your Own Broadband ISP"... it's clear their primary point was that Comcast took extreme actions before exploring other, less severe bandwidth management possibilities (including less egregious forms of dynamic, per user traffic shaping)."
So what. There is no requirement nor law for them to run their network and business the way you see fit.
"The EFF ironically claims its standing up for BitTorrent rights..."
So apparently the EFF position is that people should have the right to breach the ISP residential terms of service they agreed to abide by.
If EFF really is "standing up for BitTorrent rights" then they need to address the terms of service issues and get ISPs to update them to be BitTorrent friendly. Good luck on that one.
Here are a few excerpts from Comcast's actual terms of service to wet your appetite.
Terms of Service
»www.comcast.net/terms/index.jsp
Subscriber Agreement
»www.comcast.net/terms/subscriber.jsp
7. USE OF SERVICES
You agree that the Services and the Comcast Equipment will be used only by you and the members of your immediate household living with you at the same address and only for personal, residential, non-commercial purposes, unless otherwise specifically authorized by us in writing.
b. Prohibited Uses of HSI. You agree not to use HSI for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "Web hosting" or other similar applications, ...
Acceptable Use Policy
»www.comcast.net/terms/use.jsp
PROHIBITED USES AND ACTIVITIES
Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the Comcast Equipment to:
xiv. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
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| said by NOYB:So what. There is no requirement nor law for them to run their network and business the way you see fit. Well, except the bit about the user paying for a service, and Comcast only pretending to deliver it.
Here are a few excerpts from Comcast's actual terms of service to wet your appetite.
b. Prohibited Uses of HSI. You agree not to use HSI for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "Web hosting" or other similar applications, ...
And BitTorrent isn't ftp, telnet, rlogin, email hosting, web hosting, or a similar application. It's a different class of application. BitTorrent (other than the tracker) is peer to peer, not the server of a server-client application. | |
NOYBSt. John 3.16Premium
join:2005-12-15
Forest Grove, OR
kudos:1
4 edits | said by russotto:Well, except the bit about the user paying for a service, and Comcast only pretending to deliver it. And BitTorrent isn't ftp, telnet, rlogin, email hosting, web hosting, or a similar application. It's a different class of application. BitTorrent (other than the tracker) is peer to peer, not the server of a server-client application.
According to the terms of service you agreed to all the capabilities you desire are not included in the class of service you are paying for. If this is a problem for you then you should purchase the a class of service that provides the capabilities you desire to make use of.
Read the residential terms of service, all of it. »www.comcast.net/terms/index.jsp
Interesting how you conveniently avoided addressing the following portion.
PROHIBITED USES AND ACTIVITIES
Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the Comcast Equipment to:
xiv. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
Oh and by the way. Very interesting that even though so many people believe they are paying for a service that permits BitTorrents and being denied its use, yet so far as I know no one has filed suite against any ISP. I wonder why that is. Could it be they know they are in breach of terms of service and would not be able prevail.
Everybody wants to cry foul and how they are being ripped off by their ISP blocking, traffic shaping etc. but yet no one is filing suite to hold their ISP to the terms of service to which both parties have agreed.
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