[2856] in Commercialization & Privatization of the Internet
Re: CIX membership requirement for use of CIX.
daemon@ATHENA.MIT.EDU (Marvin Sirbu)
Tue Jun 16 17:24:12 1992
Date: Tue, 16 Jun 1992 17:19:16 -0400 (EDT)
From: Marvin Sirbu <ms6b+@andrew.cmu.edu>
To: com-priv@psi.com
Cc:
In-Reply-To: <9206161719.AA26703@stealth.us.oracle.com>
>A university or a university-affiliate which offers IP services across
>multiple geographical areas would need to offer these services to the
>general public on the same terms on which it offers them internally to
>university customers in order to meet the requirement for CIX memberships.
>(I guess this has the same meaning as "providing third party services to
>unaffiliated organizations". which has been used here.)
The distinction is the classic one between a common carrier -- which
provides communications services for hire to all comers -- and a shared
use system or private system in which services are not held out to the
public at large. The Commercial CIX members offer data networking
services to the public for hire. There is a wealth of common carrier
case law which helps to define the notion of "holding out service to all
comers" which provides intelligent guidance for the CIX as to how it may
choose to interpret its bylaws.
Marvin Sirbu
