[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

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



On Tue, Dec 07, 2004 at 04:48:24PM -0800, Bruce Perens wrote:
> Goswin von Brederlow wrote:
> 
> 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.

Being a former Akamai employee, I can state (and refer you to the
appropriate people inside Akamai) that Akamai does not and never has
operated in this fashion.

Exactly like a cable TV network, in fact, Akamai redistributes the
content that customers -- content providers -- pay for. Akamai is fully
able to turn customers away, and has done so for various reasons (e.g.
the customer is a spammer).

For an example of a non-discriminatory mirror, consider the many ISPs
which provide general HTTP caching services through Squid. Whether as a
transparent or voluntary proxy, the goal of these caches is to improve
content availability and transfer speed, while reducing bandwidth costs.

-dsr-

-- 
Nothing to sig here, move along.



Reply to: