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story category Gunfire DSL Outage, Continued
Man claims lost 'fortune' from outage
(old news - 04:34PM Wednesday Dec 07 2005)
tags: dsl · Oddities
Yesterday we posted a story about how DSL customers in Farmington, New Mexico, lost DSL connectivity because of random gunfire. Techdirt sees our random gunfire and raises us a story continuation about how one man claims that outage cost him a fortune in on-line poker. A local man was playing a hand of Texas Hold 'Em poker in a tournament that took weeks to qualify for, and had a $600 entry fee. The top prize for the tournament winner was $126,000. All botched by a bullet.

Related:
  1. DSL Outage By Gunfire
  2. Users Actually Read Qwest's TOS
  3. Does Burning My Stuff Cost Extra?
  4. Bell Canada Throttles Wholesalers, Doesn't Bother To Tell Them
  5. Scott Cleland: Google Using 21x The Bandwidth They Pay For
  6. Verizon Disavows DSL -- Sort Of
  7. When Customers Create Their Own Broadband Contracts
  8. Fairpoint Can Afford Lobbyists and PR Firms, But Not Your Refund
Forums » Gunfire DSL Outage, Continued
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Post a:

one_bored_si

join:2003-03-10
Montebello, CA

Lesson?

The lesson is to use a business connection if you absolutely need your connection to conduct critical tasks.
Sunburn

join:2000-10-05
Denver, CO

Re: Lesson?

and buy insurance to cover any losses! That should take care of it, maybe.
viper3431

join:2003-04-21
STL, MO
Because random gunfire doesn't target "business" fiber lines right?....

maartena
Super Grover
Premium
join:2002-05-10
Orange, CA
·RoadRunner Cable

Re: Lesson?

said by viper3431 See Profile :

Because random gunfire doesn't target "business" fiber lines right?....
Everyone knows that! They are not to target the lines that are clearly marked "business services". On top of that, of course, cables for business services are coated with a special kevlar coating that reflects bullets.
--
George W. Bush on Clinton going into Kosovo, 1999: “I think it’s also important for the president to lay out a timetable as to how long they will be involved and when they will be withdrawn.”

Right. We're still waiting for that Mr. Bush....

veloslave
Geek For God
Premium
join:2003-07-11
Pleasant Hill, CA

1 edit

Re: Lesson?

ROLF

I needed a good laugh!

maartena
Super Grover
Premium
join:2002-05-10
Orange, CA
·RoadRunner Cable

said by one_bored_si See Profile :

The lesson is to use a business connection if you absolutely need your connection to conduct critical tasks.
The problem is that business connections run across the same poles and can be hit by the same bullets. The only thing better about business connections is that your bandwidth is guaranteed, and that you get quick support when your router fails or there is a problem on the ISP side.

The glassfiber cables that companies have running on them poles often contain the signals of entire neighbourhoods, or connect a CO to another CO or to an Internet backbone location.

If someone bulldozes over a pole, no amount of business service is going to get that pole up faster.

Sometimes you simply can't have it all. The bridge may break down JUST before that important interview, or your plane has to divert to another airport because of bad weather JUST before you are making that multi million dollar deal. Shit happens.

(And I know, I have been in plenty of shit myself hehe... )
--
George W. Bush on Clinton going into Kosovo, 1999: “I think it’s also important for the president to lay out a timetable as to how long they will be involved and when they will be withdrawn.”

Right. We're still waiting for that Mr. Bush....

packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:
More like a lesson to Qwest on what needs to be done to make their entire network redundant
--
Who do you want to pay off today?
manifest
bitches

join:2004-08-14
Hartford, CT

Sorry

Your home internet connection does not have a SLA (service level agreement). He's SOL.

Juke Box
Free From Marketing
Premium
join:2001-01-29
Bar & Grill
·Comcast


1 edit

Re: Sorry

said by manifest See Profile :

Your home internet connection does not have a SLA (service level agreement). He's SOL.
Best Effort isn't an agreement?
And yes, he is SOL.
--
Do you listen to Tangerine Dream?

idlewillkill
Go Blue
Premium
join:2005-09-28
North York, ON

Re: Sorry

So he lost an online poker tournament.
If the connection hadn't failed, he probably would've had the same outcome.

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Sorry

said by idlewillkill See Profile :

So he lost an online poker tournament.
If the connection hadn't failed, he probably would've had the same outcome.
Irrelevant. Gambling online is technically illegal in the US. He couldn't sue for damages.
--
Wiki Wiki
Never write anything that you don't want taken out of context.

toadlife
Premium
join:2004-05-03
Lemoore, CA

If gambling is illegal in his area...

...isn't what he was doing technically illegal?

If so, shouldn't he just "STFU"?
--
Security is a process, not a Penquin.

Greg_Z
Premium
join:2001-08-08
Springfield, IL
·Comcast

Re: If gambling is illegal in his area...

said by toadlife See Profile :

...isn't what he was doing technically illegal?

If so, shouldn't he just "STFU"?
Only in certain states.
--
One man's customer loyalty is another man's misguided arrogance.

copperdoctor
Premium
join:2003-12-08
Palatine, IL

Re: If gambling is illegal in his area...

said by Greg_Z See Profile :

said by toadlife See Profile :

...isn't what he was doing technically illegal?

If so, shouldn't he just "STFU"?
Only in certain states.
In all states. Online Gambling is Illegal in the US, which explains the off shore locations of the gaming sites. Guess he gambled and lost, either way.
--
Primis1

join:2005-06-13
Coldwater, MI

Lesson Learned

Guess he should have bought the business package and not the residential, eh?
Turbonuim

join:2003-02-14
Los Angeles, CA

Re: Lesson Learned

DSL has no SLA period. if you need SLA, go T1 or something dedicated, frame.. etc..

i laugh at people who think they can get some type of SLA from DSL.. its a best effort service over your phone line.

case will not make the light of day.
dan1rulz

join:2002-04-13
Crystal Lake, IL

Re: Lesson Learned

Lots of DSL providers offer SLA on their business class service.

Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA

Re: Lesson Learned

I don't believe that an SLAs cover more than the cost of the service for the month; even high-end gigabit service from a tier 1 ISP won't ever be on the hook for more than their own fees.

Steve
--
Stephen J. Friedl • Unix Wizard • Microsoft Security MVP • Tustin, California USA • my web site

envoid

join:2002-12-21
Duluth, GA


1 edit

Re: Lesson Learned

SLA is Service Level Agreement, aka What You Get From the Service Provider / TOS. Anything can go into it, including reimbursement for losses, and everyone gets one. Usually tho, ISPs only offer a decent SLA (fast outage response, etc) to business packages and leave home users SOL. But the SLA is defined per service, per cust.

edit: layout

vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

Re: Lesson Learned

said by envoid See Profile :

SLA is Service Level Agreement, aka What You Get From the Service Provider / TOS. Anything can go into it, including reimbursement for losses, and everyone gets one. Usually tho, ISPs only offer a decent SLA (fast outage response, etc) to business packages and leave home users SOL. But the SLA is defined per service, per cust.

edit: layout
In practice, have you ever heard of an SLA that holds the ISP liable beyond the cost of the service? There may be business insurance to that effect, but I've never heard of it in an SLA (though I admit I haven't seen too many SLA's)

envoid

join:2002-12-21
Duluth, GA


1 edit

Re: Lesson Learned

said by vpoko See Profile :

In practice, have you ever heard of an SLA that holds the ISP liable beyond the cost of the service? There may be business insurance to that effect, but I've never heard of it in an SLA (though I admit I haven't seen too many SLA's)
I was just saying it, along with the CEO's mother making an apple pie for each dropped packet, _could_ be in the SLA. You would almost never see anything that describes reimbursement for losses. It would be stupid really for the customer as they would be bound to that amount.

maartena
Super Grover
Premium
join:2002-05-10
Orange, CA
·RoadRunner Cable

said by dan1rulz See Profile :

Lots of DSL providers offer SLA on their business class service.
Yes. But in reality those SLA's promise quick service for 99% of the problems, such as a bad modem, a router that needs resetting, etc, etc etc.... When a physical cable breaks, NO SLA is going to magically glue that cable back to the pole within 2 hours.

All they can do is maybe offer you a backup dialup account, and even that may go over the same line as your T-1 line eventually.

With cable breaks, there is no guarantee whatsoever you are going to have your internet back up and running.
--
George W. Bush on Clinton going into Kosovo, 1999: “I think it’s also important for the president to lay out a timetable as to how long they will be involved and when they will be withdrawn.”

Right. We're still waiting for that Mr. Bush....

vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

said by Primis1 See Profile :

Guess he should have bought the business package and not the residential, eh?
Why? The business service is carried on the same fiber as residential.

jsimmons
Premium,MVM
join:2000-04-24
Falls Church, VA

Re: Lesson Learned

Yes.. but Business Class DSL carries SLA's and when there is an outage, the customer may be able to recoup damages. Not so with residential DSL.
--
"Everything should be made as simple as possible, but not one bit simpler."- Albert Einstein

r81984
Fair and Balanced
Premium
join:2001-11-14
St John'S, NL

Does not stop him......

But that does not stop him from suing the person who shot the line, if they ever find out.
pbaldwin

join:2002-12-17
Dupo, IL

Re: Does not stop him......

Chances are, the the type of person to be doing "random shootings" won't have any money. How bright could they be?:)
Hellrazor

join:2002-02-02
Abyss

bah humbug

I'm sum it up fast, WHO CARES?

PixelFreak
Innocent Until Proven Guilty

join:2001-02-21
Bremerton, WA

Re: bah humbug

Wow, so he finds the culprit who shot the gun, and the culprit even goes on the news and said "Yup, it was me, and I was negligent in doing so."

That still amounts to a hill of beans. For a tort (sueing someone) to be proven in a civil case, you need:
1. Duty (not to shoot guns randomly = "...I was negligent in doing so.")
2. Breach (Shooting the gun)
3. Causation ("Yup, it was me" and taking out the line)
4. Damages (Money that he could have won in a poker game?!?)

Get real, he would have to PROVE the damages. Fine, take the odds of winning the entire tournament (maybe one in a million - making it up here) and multiply that percentage chance times the winning prize. (Psst - quick math - one millionth of $160k isn't much - about $0.16)

There you have it - summary judgment for $0.16! (Assuming the guy admits to everything!)

Enjoy,
PixelFreak

PS - For those of you that would say that he had a better chance than one in a million? Fine, take 1 in 100,000 (depending on how many people, the combination of cards and number of hands dealt, etc - that may be about right) - that still leaves him with an award of $1.60. Honestly...
--
Music in the soul can be heard by the universe. - Lao Tsu

vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

Re: bah humbug

said by PixelFreak See Profile :

Wow, so he finds the culprit who shot the gun, and the culprit even goes on the news and said "Yup, it was me, and I was negligent in doing so."

That still amounts to a hill of beans. For a tort (sueing someone) to be proven in a civil case, you need:
1. Duty (not to shoot guns randomly = "...I was negligent in doing so.")
2. Breach (Shooting the gun)
3. Causation ("Yup, it was me" and taking out the line)
4. Damages (Money that he could have won in a poker game?!?)

Get real, he would have to PROVE the damages. Fine, take the odds of winning the entire tournament (maybe one in a million - making it up here) and multiply that percentage chance times the winning prize. (Psst - quick math - one millionth of $160k isn't much - about $0.16)

There you have it - summary judgment for $0.16! (Assuming the guy admits to everything!)

Enjoy,
PixelFreak

PS - For those of you that would say that he had a better chance than one in a million? Fine, take 1 in 100,000 (depending on how many people, the combination of cards and number of hands dealt, etc - that may be about right) - that still leaves him with an award of $1.60. Honestly...
It would be damn near impossible for him to sue the guy for missing poker WINNINGS, but at least his entry fee...

PixelFreak
Innocent Until Proven Guilty

join:2001-02-21
Bremerton, WA

Re: bah humbug

Oooooooooooooooohhhh....good one, I totally missed that point. Yes, he would most likely be able to prove all of his entry fee and recover that - but after court costs for filing in small claims and paying for service of process, he's still looking at only recovering about $500.

PixelFreak
--
Music in the soul can be heard by the universe. - Lao Tsu

G_Poobah

join:2004-01-17
Schenectady, NY

Wait! Wait! If you're correct, then how are the **AA's suing people? Could it be the law doesn't apply to them like it does to a normal person. What if he had shot a line that an **AA company used, could they sue for 150,000.00+?

1. Duty ('Prove I don't own the CD in question, and I was just space shifting it')
2. Breach ('Prove I copied the ENTIRE FILE')
3. Causation ('Prove it was ME, not someone at my house or via wireless or zombie')
4. Damages ('Prove that I would have bought it)

Worst case scenario, even if I confessed to EVERYTHING, is the 17.00 cost of the CD (and the filing costs, reasonable at 500.00)
--
Sure the internet has lots of porn and piracy, but I'm sure there's a downside to it.

vpoko
Premium
join:2003-07-03
Jamaica Plain, MA


2 edits

Re: bah humbug

said by G_Poobah See Profile :

Wait! Wait! If you're correct, then how are the **AA's suing people? Could it be the law doesn't apply to them like it does to a normal person. What if he had shot a line that an **AA company used, could they sue for 150,000.00+?

1. Duty ('Prove I don't own the CD in question, and I was just space shifting it')
2. Breach ('Prove I copied the ENTIRE FILE')
3. Causation ('Prove it was ME, not someone at my house or via wireless or zombie')
4. Damages ('Prove that I would have bought it)

Worst case scenario, even if I confessed to EVERYTHING, is the 17.00 cost of the CD (and the filing costs, reasonable at 500.00)
Technically the same principles apply to violations under the Digital Millennium Copyright Act (DMCA), but of course we all know where lobbyists are concerned things will never be quite equal. But let's look at the similarities:

RIAA must file a lawsuit against you.
The DMCA actually allows RIAA to skirt this rule for the first part of the trial by allowing them to request from a single, central court "administrative subpoenas" against ISP's to reveal the identity of filesharers. This section of the DMCA has been ruled unconstitutional however, and administrative subpoenas are not currently issued. In practice, this means industry has to file "John Doe" lawsuits so that they can obtain identities as part of the lawsuit's discovery process (using normal subpoenas).

If the case goes to trial, RIAA must prove all of the elements of a tort, using the preponderance of the evidence standard of proof usually used in civil cases.
If the case isn't settled before going to trial, which is a big "if" given the amount of money for legal representation the recording industry has versus what most individuals have, RIAA will have to present evidence. Presumably, they have some if they got your IP address somehow in the first place.

1. Duty ('Prove I don't own the CD in question, and I was just space shifting it')
It's not clear the owning the CD allows you to download the song. It seems like it should, but the law is not clear on this and will have to be tested. Even if that were the case, assuming they had enough other evidence against you, it would shift the burden of proof on you to show that you do own the CD.

2. Breach ('Prove I copied the ENTIRE FILE')
Part of a song is just as copyrighted as the whole song. Making a fair use claim based on only using part of the song requires considering accepted fair use criteria. But you'd be the one that would have to establish fair use.

3. Causation ('Prove it was ME, not someone at my house or via wireless or zombie')
Same as #1, you may be the one that has to prove it WASN'T you if they have other evidence against you (remember they don't have to prove any of these things beyond a reasonable doubt, only to a balance of probabilities). Also, if you own the line, it's quite possible that in the eyes of the law you're liable for whatever it's used for.

4. Damages ('Prove that I would have bought it)
This is where the DMCA has run the most amuck of common sense. It allows statutory damages based how many people the law says would have bought the CD had you not been making copies. Not sure how this makes sense in the case of people who only download instead of distributing files, but the damages are specified by statute.
Taranis

join:2001-12-06
Mount Vernon, WA

Too funny

The guy's SOL, poor bastard. I had to laugh. There's no guarantee his service is gonna be up 100% of the time, no matter what anyone else wants to whine about.

And I doubt ISP's are going to place security guards every 10ft to keep "random shooters" at bay.

Funny thought tho.
gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA


2 edits

The best I have heard...

I do DSL tech support for business customers, and I had a guy one time tell me he lost out on a 6 million dollar deal b/c his DSL was down and he was going to sue us. I advised him how it was DSL and not a business class service. He then asked me what were the prices of T-1's, etc.. I advised I would have to get him to sales but starting in the $300-$400 range, and he thought that was just ridiculous. Funny thing is, the DSL wasn't down but his router had gone bad.

Millions of dollars riding on a $40 connection.

Would you transfer money from the federal reserve to local banking offices in a volkswagon beetle?

That one always cracks me up

DSL Tech
kojak5

join:2000-02-18

Re: The best I have heard...

One thing is for sure... You can't turn chicken shit into chicken salad!

rit56

join:2000-12-01
New York, NY

a gambler

a gambler up that kind of money eh? on the internet? I say he's bluffing..

MystBlade
Premium
join:2002-10-21
Lacey, WA
clubs:

Re: a gambler

no no he was up to 100,000 tokens at texas holdem at pogo.com
jeffyjeff777

join:2002-06-01
Collegedale, TN

Re: a gambler

Maybe he should take this as some sort of a hint/sign....

Lowtarget
Premium
join:2003-12-22
Alger, OH
clubs:
Watch the next person will say. "I lost a one year supply of Pop Tarts due to my DSL going down." lmao Anymore these days if you look at the person wrong they will sue you.

deadmeat
Premium
join:2003-03-21
Sonoma, CA
I say he shot the line.

Go_Offline

join:2001-10-12
Surprise, AZ

And that, folks,...

...is why it's called "gambling."

Go_Offline

join:2001-10-12
Surprise, AZ

Re: And that, folks,...

Incidentally, what happens in the event of a complete power failure in Vegas?!

And don't give me that "backup generators" back-talk, you smart-alecks!
--
I'm on a quest to overthrow ignorance.

vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

Re: And that, folks,...

said by Go_Offline See Profile :

Incidentally, what happens in the event of a complete power failure in Vegas?!

And don't give me that "backup generators" back-talk, you smart-alecks!
But really, don't Casinos have enough backup power to at least shutdown equipment and let players pocket their chips? I don't know, but that's my guess.

Go_Offline

join:2001-10-12
Surprise, AZ

Re: And that, folks,...

a 30 second Google-ing revealed just a short article about a power failure at the Bellagio.

you'd think they would, but i'd imagine the first "concern" is the safety of the humans not the safety of the cash (casino's & losers', i mean gamblers, er uh, "players".)

and the technical/electrical feat of wiring the crucial circuits versus the non-critical so as to minimize a financial and P.R. disaster would seem to me to be a billion dollar nightmare.

and i suppose to counter myself, if there was a event that involved that total loss of power to a Las Vegas-level casino, money may be the least of anyone's worries.

then again, maybe it'd just be george and brad up to their ol' antics. those wacky guys...
--
I'm on a quest to overthrow ignorance.

bent
not broken
Premium
join:2004-10-04
Loveland, CO
clubs:
·Comcast Formerly ..

Re: And that, folks,...

From someone with experience in the industry, all of the major casinos have backup systems that are better thought out and better build than those of top notch hospitals. They include generators that run off of very large flywheels that are constantly spinning. These provide power until the diesel generators can fire up. Very reliable.
--
Yes, Ma'm, I'm a brick - Ralph Wiggum

jmycknshk
...bring your green hat

join:2004-07-02
West Chester, PA
yay! ocean's 13! YAY! YAY!

DSL12steps

join:2001-12-24

People take poker seriously

I disconnected a guy's DSL at his house to test the line outside. He never answered the door after 3 tries. After his DSL went down he came out screaming at us that he was on a $12k table and was losing money. Got him back up and he was able to get back in to the same table. Guy WAS stoned out of his mind at 10am!

insomniac84

join:2002-01-03
Schererville, IN

Re: People take poker seriously

Online poker players are nuts. I bet we will eventually read about how one guy went down to his local telco office and shot the place up because his dsl went out and he was at a 100,000 table.

hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs:
·QuantumVoice
·AT&T Southeast
·RoadRunner Cable

History

This reminds me of the woman who found a finger in the chilli bowl at Wendy's. Found out they where full of crap.

One thing he COULD HAS USED DAIL UP YOU KNOW as a back up...
Doesnt say anything that he didnt have a dail tone? (dont think i misssed it)

jmycknshk
...bring your green hat

join:2004-07-02
West Chester, PA

i remember this one time...

i was playing skee-ball and the power went out and i didn't get any tickets and they wouldn't give me my 25 cents back...

envoid

join:2002-12-21
Duluth, GA

Re: i remember this one time...

You should've sued
joe1234560

join:2001-01-29
Des Plaines, IL

said by jmycknshk See Profile :

i was playing skee-ball and the power went out and i didn't get any tickets and they wouldn't give me my 25 cents back...
I was playing pinball at this one place and the power went on and off at lest I got my money back.
Other places you may get no refund.

And you just lose the game you playing any other credits you have + setting and high scores are saved in battery backed up ram for most mid 80 - on games

I think slots keep a lot more in nvram or battery backed up ram and can continue to pay out when the power come back + I think the cones must give you that money back.

Golden tee golf games can keep track of games ended by low power and power lost I don’t how that work in torment play.

perkeo

join:2001-03-19
Miami, FL
·Comcast

Yeah right!!

I work for one of the Bells. It never ceases to amaze me how whenever there is an outage, someone always calls claiming they just lost a million dollar deal. Some of this morons even think they just have to fill some paper work and we'll send them a check.

DataDoc
My avatar looks like me, if I was 2D.
Premium
join:2000-05-14
Greenville, NC
·Suddenlink

Re: Yeah right!!

said by perkeo See Profile :

...Some of this morons even think they just have to fill some paper work and we'll send them a check.
But, you never send them that paper work, do you?
--
Your character is your destiny.

winky
Turn Left At The Moon

join:2001-02-11
Saint Louis, MO

Blah, Blah. Blah...

I've heard similar stories numerous times. The most common one I came across was from "Day Traders", and I use that term with considerable slack, who would claim that they were losing thousands of dollars a day because their service was down. I may be a moron, but if I were to lose thousands a day without service, I would spend a few of those dollars to make sure that I had more than one way to access the internet. Similar to on-line gambling, stock trading in the short term should be reserved for the very smart or very stupid. I never got a call from any of the smart ones.
--
From this point forward Hoedown, from the ballet RODEO, by Aaron Copeland will not be reffered to as "The Beef Song". Thank You

Wills

join:2001-01-03
Port Charlotte, FL

Re: Blah, Blah. Blah...

You gotta know when to hold em.
Know when to fold em.
Know when to buy a house,
away from guys with guns.

You never count you money,
sittin on the internet.
They'll be time enough for countin,
When the shootings done.

Bell System
Premium
join:2005-12-04
Strongsville, OH

99.999% sure....

I am pretty sure for any class service, res or buisness, dial-up or sonnett, we don't ensure or guarantee any potential losses for outages. While for sonnets, for instance we do guarantee connectivity for many reasons including 2 physical fiber runs into buisnesses (that have it) so even if one was cut the other is still up.
Forums » Gunfire DSL Outage, Continued


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