[100253] in North American Network Operators' Group
Re: Comcast blocking p2p uploads
daemon@ATHENA.MIT.EDU (John C. A. Bambenek)
Fri Oct 19 22:55:54 2007
Date: Fri, 19 Oct 2007 21:53:47 -0500
From: "John C. A. Bambenek" <bambenek@gmail.com>
To: "Patrick Giagnocavo" <patrick@zill.net>
Cc: nanog@nanog.org
In-Reply-To: <B91B8512-983C-4CBF-BBCC-C7E4E2FECE1B@zill.net>
Errors-To: owner-nanog@merit.edu
Because you signed up to an AUP that allows what they are doing.
That, and in most states, if you rent my house, I can throw you out
for no reason given that I give you proper notice and enough time.
In this case, if you want to use rental analogies, that's like saying
a landlord can't evict you or otherwise take action because you're
having loud parties and throwing appliances out windows. P2P is about
the exact opposite of "quiet enjoyment".
j
On 10/19/07, Patrick Giagnocavo <patrick@zill.net> wrote:
>
>
> On Oct 19, 2007, at 3:42 PM, John C. A. Bambenek wrote:
>
> >
> > Since when did private companies no longer have the right to regulate
> > their own property?
> >
> > I must have missed the Amendment...
>
> If you want to make a property argument, how do you explain them
> denying me my right to enjoy my rental of their property?
>
> If Comcast were a landlord, they would be interfering with my quiet
> enjoyment and my rights in possession.
>
> Interfering with my traffic rather than blocking it, could lose them
> common carrier protection. They are exerting editorial control, in a
> fashion, over what I transmit and receive.
>
> --Patrick
>
