On Thu, 2002-01-17 at 11:22, Phil Mendelsohn wrote:
> On Thu, Jan 17, 2002 at 10:36:45AM -0600, Chad C. Walstrom wrote:
> 
> > There are ways around these agreements, people.  You just have to
> > look closely.
> 
> Sheesh, some people's kids.  
> 
> You're not agreeing if you're going around an agreement, are you?  

An agreement is what it is, not what the person writing it wishes it
was, or wishes that it could be.  This is particularly important, both
morally and (so I believe, although IANAL) legally, when the party
writing the agreement is vastly more powerful than the other.  

Definitions matter; words matter.  If AT&T had chosen to write their TOS
agreement so as to prohibit anything that, functionally, is a server
from connecting without its own public, static IP address, they'd have
found themselves losing all their corporate clients, who have lawyers
and systems folks too, and who understand that, in some senses, almost
any Windows workstation is a server.  (See Steve Gibson's Shields Up for
some discussion of how a Windows PC with NetBios enabled is,
fundamentally, a server.)  AT&T/RR/etc. are *not* going to disallow
everybody using Windows from buying their services.  Nor are they going
to say, well, run any server you want, and use as much bandwidth as you
like, as long as you run it over NetBIOS, for reasons I'll leave as an
obvious exercise to the reader.  Nor, for that matter, are they going to
say, "hey, you get x gigabytes per month, and we'll charge you extra for
using more than that", as folks who aren't going to use even a fraction
of x will gravitate toward a provider who gives them an open pipe.  

So, they've come up with a fairly sensible compromise:  the contract
says, in effect, "don't run a server for others", and the practice is
"don't run a server in a way that's going to make trouble for us".  

Which, really, is just fine.  If I wanted to run a lot of server stuff,
I'd get a static IP connection, and pay for it.  As it is, I don't, and
I don't.  

(In a parallel sort of way, RoadRunner will tell you, "yes, we do
promise you service and connectivity, but if you want to connect from a
Linux box, or put a hub and more than one machine directly on your cable
box instead of using a Windows gateway machine and NAT, you're on your
own."  [I ran into that problem, by the way.  At some point, RoadRunner
stopped issuing more than two dynamic IPs to my cable modem, and I had
to figure out how to get NAT working on one of the Linux boxes, so that
the others could talk to the net.  I would have loved to dump the
problem in their lap, but that wasn't part of the agreement, so I was on
my own.  They could have said, "no hubs or switches may be connected to
our cable box," and I'd have had to put the hub behind the
gateway/firewall machine, which would be the loophole for that
problem.)  

All of which is fine.  They don't really care if my wife ssh's in to
check her email at home, or if you check in, via webmin, to see the logs
on your own machine.  They don't want you starting your own private
yahoo.com for $50/month....

So everybody goes away happy, right?

 
-- 
-------------------------------------
There's a widow in sleepy Chester
  Who weeps for her only son;
There's a grave on the Pabeng River,
  A grave that the Burmans shun,
And there's Subadar Prag Tewarri
  Who tells how the work was done.
-------------------------------------