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| reply to lvlorpheus
Re: The new TOS
said by lvlorpheus  :My question is if they do not enforce this part of the TOS, does it make that part of the TOS weightless? Enforcement can simply mean investigating a complaint and ruling it unfounded. You (the customer) may never find out about it. If the ISP acts, it may be a mere warning which would become confidential to all except the ISP and that customer. So just because you don't hear a lot about enforcement, doesn't mean that it doesn't happen.
With that in mind, yes. Selectively enforcing certain provisions and not others can weaken the ISP's hand. Doing so set customers' expectations as to what the future will hold. Similarly, consistently enforcing provisions in the same manner likewise sets a pattern. Patterns of the past are predictors of the future. As it is not a criminal case, a judge or arbitrator will weigh the culmination of all the facts. In the end, the case should end with the judges determination of what probably happened versus how these policies would be interpreted by a reasonable person -- all things considered.
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Robb Topolski -= funchords.com =- Hillsboro, Oregon
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