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Re: Will on-line backup be evil, too?
From: David Farber <dave () farber net>
Date: Fri, 27 Mar 2009 11:56:41 -0400

Begin forwarded message:

From: Brett Glass <brett () lariat net>
Date: March 27, 2009 11:45:46 AM EDT
To: dave () farber net, "ip" <ip () v2 listbox com>
Subject: Re: [IP] Will on-line backup be evil, too?

At 02:35 AM 3/27/2009, David Lesher wrote:

[Backup software] hammers on your upstream connection, at least during the initial seeding stage. That got me wondering. Will Comcast and friends label
such as dangerous; and start deploying measures to sabotage it and its
competitors as they did with Peer-to-Peer?

The term "sabotage" reflects an abiding prejudice against reasonable
network management by operators who are seeking to provide quality service to all customers. It also suggests a sense of entitlement to use the network
in any way at all, whether or not it is appropriate or allowed by your
contract with the provider.

If any activity truly "hammers on" (i.e. abuses) the network in such a way that it degrades service to others, or violates duty cycle limits or other
constraints which are agreed to by contract, the provider certainly does
have a right to throttle or otherwise limit that activity.

I can hear the arguments now. "We never designed our system for this
of abuse." [Read "Someone else is making money we want."]. And maybe
"It's enabling terrorists.." etc. etc. But what it really amounts to is:
may we use our upstream bandwidth or not?

You may use the upstream portion of your connection in the ways that are
allowed by your contract with the provider. You don't have the right to
violate that contract or to interfere with others' quiet enjoyment (to
use a term from the real estate world) of the network.

--Brett Glass

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