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Re: Is Debian a common carrier? Was: package rejection

Goswin von Brederlow wrote:
But that would not include any debian mirror, they would be common carrier?
A mirror operator in general does make choices about the content carried on the mirror. The closest analogy that would already have been litigated is a Cable TV system. The U.S. FCC decided that Cable TV networks were not common carriers because the subscriber did not determine the programming. This was appealed and the court agreed with FCC. Source: http://en.wikipedia.org/wiki/Cable_TV

Now, there might be a way make a mirror qualify. You would have to set it up so that the mirror would mirror everything that is sent its way without discrimination. The mirror operator could take money to do this, but would not be able to turn customers away.

Then, you might have some chance of convincing a judge that the mirror provides a communications service in an entirely non-discriminatory fashion, which is what a common carrier does. I guess Akamai would be the closest example today to a mirror operating this way.



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