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Re: [dvd-discuss] EFF opposes blacklisting spammers
- To: Openlaw DMCA Forum <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: Re: [dvd-discuss] EFF opposes blacklisting spammers
- From: Jeme A Brelin <jeme(at)brelin.net>
- Date: Fri, 19 Oct 2001 13:51:10 -0700 (PDT)
- In-Reply-To: <Pine.LNX.4.21.0110190933200.18437-100000@sparcy.internal.lan>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
On Fri, 19 Oct 2001, Noah silva wrote:
> Grr.. have to say as a software author.. .I like BSD better. GPL isn't
> _LEGALLY_ as free, so it's amusing to hear it called "more free" from BSD,
> which is LESS LEGALLY restrictive and MORE FREE. But now, I don't want to
> start a thread on that here, it's been played out enough.
Well, as a software author, I like GPL better. And yes, this has been
played out. But my argument was that the restrictions placed on the
distributor of software by the GPL are for the good of the user of the
software. It is MORE FREE because it allows for more freedom to more
people. The distributor is less free to keep secrets, but EVERYONE ELSE
is more free in their ability to modify and redistribute a work.
> I agree that _I_ should be able to block my email. I agree that ISPs
> should be able to block malfunctioning web sites (like Open Relays).
> I don't think they should do it without warning. I don't think ISPs
> should be able to block whoever they want for whatever reason.
So you give them the EXCUSE of spam to block a whole network. A
competitor's network, let's say.
And through consolidation and conglomeration, a dominant ISP starts
blocking mail (on the pretext of spam) from other ISPs. Well, if you want
to send mail to our customer, you best make sure that you're not on our
blackhole list... and the only way to be SURE you're not, is to be our
customer.
This sort of thing already happens in the world of tier 1 interexchange
through peering agreements and transit connectivity contracts.
> I have the right to refuse an email just like I have the right to
> refuse a package.
Yep, but what if the local UPS office decided that carrying packages from
Canada was just too risky because of a couple of letter bombs a few months
back. Would they be justified in taking packages addressed to you and
detonating them without any further evidence that it's a bomb and without
your approval?
I don't think so. The decision to refuse the package is made at your
doorstep by you, the recipient.
> I do NOT think that:
> c.) ANY ISP should block ANY PORT to ANY USERS.
>
> c is particularly important. ISPs use junk email and virus as an excuse
> to limit service.
More importantly, to charge more for services that would otherwise be part
and parcel with internet connectivity. They go out of their way to make
your service worse so that you'll pay more for better service that's
easier to provide.
J.
--
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Jeme A Brelin
jeme@brelin.net
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