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> I understand that. But when I rent a server, I want to be able to use the hardware. That is, if I want to roast the CPU or write to the disks 24/7, I should b
by elliekelly 5y ago
> I understand that. But when I rent a server, I want to be able to use the hardware. That is, if I want to roast the CPU or write to the disks 24/7, I should be able to do that, because I rented the full server.
I wonder if the legal concept of “wasting” has been (or could be) applied to rented servers.
Edit: Wikipedia[1] for anyone curious but the article seems a bit incomplete/inaccurate to me because it insinuates the concept applies only to "real property" but it can apply to trust assets, including personal property, as well. I suppose the difference is a trustee owes an equal fiduciary duty to all beneficiaries, including future beneficiaries, while a server user has no such duty to the server owner or future potential server users. I don't see why an anti-wasting provision couldn't be included in the rental agreement, though.
[1]https://en.wikipedia.org/wiki/Waste_(law) https://en.wikipedia.org/wiki/Waste_(law)
- deleted 5y ago[deleted]
- gruez 5y agoSuch concept exists? If I want to rent a car to go on relaxing drives up and down the interstate, what business do they have to stop me (assuming the car rental comes with unlimited miles)?
- Guest42 5y agoGiven that there is a fairly limited number of car renters, I’d imagine that they share data on customers that over-use services. Such practices exist in banking, retail, and hospitality.
- that_guy_iain 5y agoThis would be illegal within the EU. And I also doubt that many companies are sharing customer data, not because of privacy reasons but for business reasons.
- tingletech 5y agorelaxing drives on the interstate should be fine -- but if you negligently damage the car by driving 500 miles at high speed with the parking break on, then you are wasting.
- JumpCrisscross 5y ago> If I want to rent a car to go on relaxing drives up and down the interstate, what business do they have to stop me This is fine. If you use your rental car to drag race and off-road, it’s reasonable for them to ban you from doing business with them.
- xoa 5y ago>Such concept exists? Yes, terms against costs incurred due to extreme, malicious or negligent conduct by a renter are fairly common I think across nearly every service aren't they? I mean for a completely different category, take typical tenant agreements for housing rental. A lot of rentals include some level of utilities, particularly if they're in a location with stuff like public water/sewer. And in turn there is a lot of language like this (first result from a quick search on google [1]) >UTILITIES & SERVICES >"III. Tenant may not be negligent in his/her use of any included utility or service. If by tenants negligence, the utility bill or service fee dramatically increases, tenant will be billed for any overages which will then be due and payable by tenant as additional rent." Which is just another case of writing out legally a pretty common sense social contract "don't be an asshole" type of thing. The included utilities are so that billing is easier and bills more predictable by everyone for something everyone uses and the costs of which are spread out across many. But as adults everyone is expected to not do things like leave the water running, forget and then go on vacation for a few weeks wasting tens of thousands of gallons. Since some people have inevitably decided they can do whatever with no consequences if there isn't force behind it contracts have to cover massive amounts of stuff these days which can be irritating. But the principle itself is not an unreasonable thing is it? ---- 1: https://auctioneersoftware.s3.amazonaws.com/ash/2021/2/VDhxpfJ0G1NntinOlmlpt_MM.pdf https://auctioneersoftware.s3.amazonaws.com/ash/2021/2/VDhxp...
- reincarnate0x14 5y agoYes, you should read those rental contracts. Aside from not being able to do anything illegal, including speeding, it has language around various overages and things that will result in additional charges, like taking vehicles off-road or damage to it from negligence.