3 ms·

I still don't understand how this is legal. If you signed an agreement with your ISP for a certain speed of internet for a certain length of time, why can they

by bo1024 14y ago

I still don't understand how this is legal. If you signed an agreement with your ISP for a certain speed of internet for a certain length of time, why can they just choose to violate the contract based on what some third party says? And if they write anything about illegal copyright violations into the contract, I would hope some people who use P2P legally would challenge that (see if they get throttled, file a lawsuit).

noahc 14y ago
This is legal because like most contracts you sign with service providers they read, "And subject to change at any time for any reason" or "We reserve the right to modify this contract at will". Increasingly, this will be built into new contracts. There are a lot of third party contracts signed in business where one party will take a particular action based on the needs/wants of a third party. Again, only if the ISP is notified does this come into effect. Download all the Ubuntu iso files you want via P2P you want and you'll be uneffected.
benologist 14y ago
ISPs have always had explicit policies about not using their service or facilities to break laws. Your agreement to pay $xx/month for some number of megabits does not and can not and has never superseded the law. ... (d) you (or a subaccount associated with your Member ID) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); ... http://www.att.com/shop/internet/att-internet-terms-of-service.html http://www.att.com/shop/internet/att-internet-terms-of-servi...
- bo1024 14y ago
  Sure, but that doesn't (or shouldn't) mean that if I phone your ISP and tell them you broke the law, they can assume that's true and take action against you
  - benologist 14y ago
    1) bo1024 explicitly agrees neither he nor anybody else will use his internet account for illegal activities 2) an ip address is seen uploading or maybe even downloading the latest Bieber album 3) the ISP's logs show that ip address was assigned to bo1024's account Pretty much the only thing that can go wrong is that the company complaining does not have the authority to complain about that file and that's happened with automated DMCA notifications because they use some sort of dumb keyword monitors. They don't need to automate choosing which torrents to spy on, a single person lurking on TPB's top 100 movies and musics would cover the majority of people by far. Which route they go can make this all very accurate.

by bo1024 14y ago

noahc 14y ago

This is legal because like most contracts you sign with service providers they read, "And subject to change at any time for any reason" or "We reserve the right to modify this contract at will". Increasingly, this will be built into new contracts. There are a lot of third party contracts signed in business where one party will take a particular action based on the needs/wants of a third party. Again, only if the ISP is notified does this come into effect. Download all the Ubuntu iso files you want via P2P you want and you'll be uneffected.

benologist 14y ago

ISPs have always had explicit policies about not using their service or facilities to break laws. Your agreement to pay $xx/month for some number of megabits does not and can not and has never superseded the law. ... (d) you (or a subaccount associated with your Member ID) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); ... http://www.att.com/shop/internet/att-internet-terms-of-service.html http://www.att.com/shop/internet/att-internet-terms-of-servi...

bo1024 14y ago
Sure, but that doesn't (or shouldn't) mean that if I phone your ISP and tell them you broke the law, they can assume that's true and take action against you
- benologist 14y ago
  1) bo1024 explicitly agrees neither he nor anybody else will use his internet account for illegal activities 2) an ip address is seen uploading or maybe even downloading the latest Bieber album 3) the ISP's logs show that ip address was assigned to bo1024's account Pretty much the only thing that can go wrong is that the company complaining does not have the authority to complain about that file and that's happened with automated DMCA notifications because they use some sort of dumb keyword monitors. They don't need to automate choosing which torrents to spy on, a single person lurking on TPB's top 100 movies and musics would cover the majority of people by far. Which route they go can make this all very accurate.