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TBusiness

join:2012-10-26
Toledo, OH

reply to Gone

Re: Horrible thought:

Still does NOT play into copyright law. and yes; you are unable to sue your ISP in the United States.


Gone
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join:2011-01-24
Fort Erie, ON
kudos:3
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said by TBusiness:

Still does NOT play into copyright law. and yes; you are unable to sue your ISP in the United States.

Who said anything about copyright law? I certainly didn't.

It's about unintended and/or unauthorized association. Do you think Apple would want a Surface or Windows 8 ad injected on top of their website?

bt

join:2009-02-26
canada
kudos:1
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reply to TBusiness

said by TBusiness:

Still does NOT play into copyright law. and yes; you are unable to sue your ISP in the United States.

It wouldn't be the user doing the suing.

ISurfTooMuch

join:2007-04-23
Tuscaloosa, AL

reply to TBusiness
You're referring to the arbitration clauses that many have in their service agreements, I assume. That doesn't mean you can't sue; it just makes it harder to win. You can still sue, as can any other subscribers, and the ISP must still answer in court, even if all they do is bring up the arbitration clause.

But that isn't even the issue here. Web site owners whose sites were affected can sue the hell out of them, and that pesky little arbitration clause will be irrelevant. And, as I said in another post, the site owners can simply block access from that network. Just wait until subs can't access Google, YouTube, Yahoo, Facebook, etc. Yeah, that'll go over really well.

Where I work, the general philosophy of the legal department is to avoid the risk of lawsuits, because, even if you might win, there's still a cost in terms of time, energy, and bad publicity. Now, do the calculation. Are a few bucks from advertisers worth lawsuits, Web site blocks, and angry customers? You're pissing off lots of people for a few bucks, and even the potential advertisers may run the other way.


Chubbysumo

join:2009-12-01
Superior, WI

reply to TBusiness
you can still sue your ISP, just not class action. you have to take them to small claims court now. I think 100 small claims court actions against a single ISP would be an extremely good show of unhappiness and force.


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