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[ NNSquad ] The real issue in the Comcast case


Too much of the discussion about Comcast has focused on side issues, 
non-issues, and emotionalism. It doesn't matter than Comcast is using 
RSTs, for example, but most of the non-technical commenters claim this 
is some sort of human rights violation. The thing that matters is the 
end, not the means.

Here's the relevant portion of Comcast's TOS:

"/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, for any 
business enterprise, or as an end-point on a non-Comcast local area 
network or wide area network."/

They obviously have BitTorrent seeds nailed, because that's a "similar 
application" to an ftp server. 

The FCC says you can run any application you want, but Comcast says 
explicitly that you can't. That's the conflict. The fact that Comcast 
ensures you can't seed BitTorrent at a decent rate by the means they 
employ is totally beside the point, as are any claims about secrecy, 
deception, all-you-can-eat or guaranteed minimums that have never been 
guaranteed. Comcast is quite explicit about servers, and quite explicit 
about the fact that their advertised rates are maximums, not minimums.

Once again, the FCC says you can run any application you want, and 
Comcast says you can't run servers. That's the conflict that needs to be 
resolved.

RB

-- 
Richard Bennett

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Too much of the discussion about Comcast has focused on side issues,
non-issues, and emotionalism. It doesn't matter than Comcast is using
RSTs, for example, but most of the non-technical commenters claim this
is some sort of human rights violation. The thing that matters is the
end, not the means.<br>
<br>
Here's the relevant portion of Comcast's TOS: <br>
<br>
"<em>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, for any
business enterprise, or as an end-point on a non-Comcast local area
network or wide area network."</em><br>
<br>
They obviously have BitTorrent seeds nailed, because that's a "similar
application" to an ftp server.&nbsp; <br>
<br>
The FCC says you can run any application you want, but Comcast says
explicitly that you can't. That's the conflict. The fact that Comcast
ensures you can't seed BitTorrent at a decent rate by the means they
employ is totally beside the point, as are any claims about secrecy,
deception, all-you-can-eat or guaranteed minimums that have never been
guaranteed. Comcast is quite explicit about servers, and quite explicit
about the fact that their advertised rates are maximums, not minimums.<br>
<br>
Once again, the FCC says you can run any application you want, and
Comcast says you can't run servers. That's the conflict that needs to
be resolved.<br>
<br>
RB<br>
<pre class="moz-signature" cols="72">-- 
Richard Bennett
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