[51286] in North American Network Operators' Group

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Re: Eat this RIAA (or, the war has begun?) - Why not all ISPs?

daemon@ATHENA.MIT.EDU (David Schwartz)
Thu Aug 22 15:01:25 2002

From: David Schwartz <davids@webmaster.com>
To: <rhealey@onvoy.com>
Cc: <nanog@merit.edu>
Date: Thu, 22 Aug 2002 11:59:26 -0700
In-Reply-To: <200208221831.NAA25402@benjy.onvoy.com>
Errors-To: owner-nanog-outgoing@merit.edu



>    Generic question related to this:
>
>    Can ISP's arbitrarily refuse to give service to someone who=
 tries
>    to sign up? i.e. if everyone refused to give Sony service=
 could they
>    sue on some sort of discrimination/collusion charge?
>
>    Do ISP/ASP/*SP's HAVE to provide services if someone knocks=
 on the
>    door requesting them or can they refuse for any reason what=
 so ever?
>
>    Any armchair lawyers, who play one on TV, have the/an=
 answer?
>
>    -Rob

=09As far as I know, yes, any company can refuse to do business=
 with any 
individual or company with very few exceptions. This even applies=
 to 
monopolists, providing their monopoly is legally acquired and=
 they haven't 
entered into any contracts to the contrary. The only exceptions I=
 know of 
involve either true discrimination unrelated to the transaction=
 (such as 
racial discrimination) or life, health and safety issues.

=09DS



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