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



On Tue, 2004-12-07 at 16:48 -0800, Bruce Perens wrote:
> 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.

But, of course, all this is US law.  French law, for instance, is
very strict regarding anything regarding Nazism.

-- 
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Ron Johnson, Jr.
Jefferson, LA USA
PGP Key ID 8834C06B I prefer encrypted mail.

After seeing all the viruses, trojan horses, worms and Reply
mails from stupidly-configured anti-virus software that's been
hurled upon the internet for the last 3 years, and the time/money
that is spent protecting against said viruses, trojan horses &
worms, I can only conclude that Microsoft is dangerous to the
internet and American commerce, and it's software should be
banned.

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