Comments on: Fair Use and Network Neutrality https://archives.lessig.org/?p=3186 2002-2015 Wed, 22 Jun 2016 11:53:00 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: Antoinette R. Luna https://archives.lessig.org/?p=3186#comment-14119 Wed, 22 Jun 2016 11:53:00 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14119 Helpful artice and useful post about fair use and networking nautrlit . Thank fot this post and keep continue sharing such post regularly with us , Please .

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By: Heikor https://archives.lessig.org/?p=3186#comment-14118 Tue, 06 Jun 2006 16:41:47 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14118 I dont see how FU and NN are related. FU is status naturalis, a limit of copyright, not a right to fair use. NN is not status naturalis, it is a “must internet” sotosay. As much as I like the net as it is, I can understand those, who want to make google or whoever, bandwidth should be a good starter, pay.

But would it work?

H.

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By: Jim Powers https://archives.lessig.org/?p=3186#comment-14117 Sun, 28 May 2006 22:22:12 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14117 Richard and poptones. I don’t think there is a disagreement here, so, I’m not entirely clear what is being explained at the moment. If it is an attempt to convince me that end-to-end QoS is achievable in all circumstances, I think you can answer that for yourselves (No, with an if… or Yes, with a but… 😉 ). If you’re trying to explain how Google et al. go about beefing up their delivery systems you don’t need to, at least not for me.

As I said I don’t see what “neutral” means, especially given SLAs. As poptones already pointed out you can set up an SLA to fine-tune your QoS with your provider any way you see fit. This seems to be not “neutral” (I’m not even sure what a “neutral” position is in this case anyway) from the get go. It certainly doesn’t seem like something I would want to see go away. And if you’re transporting “big packages”, again, as poptones already stated, then it would appear that your costs should be proportional to your “weight”.

Perhaps I’m not getting something, but I think we are in agreement.

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By: Richard Bennett https://archives.lessig.org/?p=3186#comment-14116 Sun, 28 May 2006 09:14:57 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14116 Jim Powers, this is not an intractable problem or even a hard one to solve from an engineering or a business perspective. All it takes to provide end-to-end QoS across the Internet is QoS in the peering arrangements and SLAs. We already have the mechanisms to aggregate flows with a common QoS requirement, so instead of one SLA you have 3, one for each QoS level. QoS in DiffServ isn’t a hard guarantee in any case, it’s simply an attempt to reduce the latency and jitter of those streams that are sensitive to it. Every damn WiFi chip in the known universe can do it, and it’s not that much harder to do in a router ASIC.

Really.

Poptunes is telling the truth here.

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By: poptones https://archives.lessig.org/?p=3186#comment-14115 Sun, 28 May 2006 04:32:04 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14115 Look: one of the sites I operate is a free image hosting site. I’m a startup on that myself, and one of my main selling points is to try to be as liberal as possible withe allowable content – meaning, for example, if you want to put up an erotic blog and don’t have the resources yet to buy your own hosted account, you can put the images on my site and, until the point your site gains a certain level of popularity that it is costing me more than x each month in usage, the service is absolutely gratis. And if your site continues to gain momentum and you don’t want to screw with changing things, you can buy for a very modest fee, and increase in allowable monthly traffic.

It seems pretty obvious to me this is exactly what the telcos are wanting to do with, say, google and yahoo video – to make the fat services pay them each month for the added traffic they create. You may think the fat services are already doing that now – they pay x dollars each month for peering and why should they have to pay twice? But what you may not know is that they – unlike me, and unlike the people my small startup serves – do NOT pay for the “gigabytes” they use each month: all they pay for is the peering, for example to connect their megabadass cluster proxy to this peering point in Arlington or San Francisco. After that it doesn’t matter if they spew a trillion bytes a day or ten, they pay the same fee.

Making the companies that contribute the largest amount of traffic to the internet – or the companies that need the highest qos and priortity in packet switching – gives them added incentive to, like google, build out their own networks that can operate in parallel with the others. That may not mean laying fiber, because that’s expensive and there are right of way issuesd and other stuff they may not want to screw with. So maybe they instead put more distributed caches across the country at smaller and smaller peering points giving even greater granularity of service, and then use the “standard quality” service to distribute to all those proxies. Either way the end result is the same: more fat content is removed from the major long haul routes, freeing up more of the existing pipes for the “little guys,” and the telcos still make more money because, ultimately, they control the majority of the peering hub connections.

Yahoo and google and the CC are against this for the same reason: to protect their bottom line. They don’t want to invest in the networks and they don’t want to pay others to invest in the networks – it’s like google joining my site and demanding I provide them flat rate bandwidth to help host their images – or better still, the CC comes demanding I provide flat rate video hosting for all their 700 club shows. What’s fair about that?

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By: Jim Powers https://archives.lessig.org/?p=3186#comment-14114 Sun, 28 May 2006 01:07:24 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14114 Richard, good point, but I don’t think it is workable. In a “closed environment” where you can control the various elements (number and type of nodes, QoS assignment, etc.) then full tweakability is available and certain performance guarantees may be possible. In the Internet I don’t think that there is enough “headroom” to play this situation out reliably. Take a simple example: most SLAs with network providers say “no” to using hot-potato routing. The idea being that the reason for using a certain network provider is because ther network has such-and-such capabilities. But at the peering points the SLAs can break down and the peers are not in the same liability bind as the network provider. Now, of course each network provider tries (or we assume that they try) to work out issues with peers wo try to come as close to the QoS that their various SLAs promice, but there are no guarantees.

In the end it would appear that we all (content providers, content consumers, and network providers) will just need to muddle our way to something that is workable for most cases. The alternative is the possibility of enshrining something into law that is simply unworkable, even it is well intentioned.

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By: Richard Bennett https://archives.lessig.org/?p=3186#comment-14113 Sat, 27 May 2006 23:50:30 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14113 This is the kind of “neutrality” I can support: As the universe of applications has grown, the original conception of IP neutrality has dated: for IP was only neutral among data applications. Internet networks tend to favor, as a class, applications insensitive to latency (delay) or jitter (signal distortion). Consider that it doesn�t matter whether an email arrives now or a few milliseconds later. But it certainly matters for applications that want to carry voice or video. In a universe of applications, that includes both latency-sensitive and insensitive applications, it is difficult to regard the IP suite as truly neutral as among all applications.

This point is closely linked to questions of structural separation. The technical reason IP favors data applications is that it lacks any universal mechanism to offer a quality of service (QoS) guarantee. It doesn�t insist that data arrive at any time or place. Instead, IP generally adopts a �best-effort� approach: it says, deliver the packets as fast as you can, which over a typical end-to-end connection may range from a basic 56K connection at the ends, to the precisely timed gigabits of bandwidth available on backbone SONET links. IP doesn�t care: it runs over everything. But as a consequence, it implicitly disfavors applications that do care. – Tim Wu, Network Neutrality, Broadband Discrimination in Journal of Telecommunications and High Technology Law, Vol. 2, p. 141, 2005.

Two concepts have become confused: neutrality in the sense of the absence of a network bias toward or away from a particular class of services, such as real-time, and neutrality in the sense of the absence of a network operator bias toward or against any one supplier of a particular service. We should reserve the term “network neutrality” for the first, and use “service-priovider neutrality” for the second, but the terms have become so polluted by politics that neither one is useful any more.

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By: Jim Powers https://archives.lessig.org/?p=3186#comment-14112 Sat, 27 May 2006 20:41:07 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14112 And that’s exactly what we have: I have a DSL modem for which I paid a whole 70 bucks, and I am free to choose any ISP that plays by any rules I see fit. If I want to go with an ISP that filters out for me any naughty packets I am free to do so; if I want to use windows and play by bellsouth’s rules I cna do that; I choose to pay a small premium for an ISP that leaves the responsibility for my own freedom up TO ME.

Agreed, but I cannot, as well as you cannot choose just any old ISP with DSL; cable is the same. But your point is taken. If/when DSL and dial-up are on par with one another then choose away. Investigating the number of DSL providers in my area I have a pretty limited choice, and cable is simply out of the question because I host servers and my DSL provider is cool with that but the local cable monopoly isn’t.

What you are endorsing is NOT what you claim

I admit that it is probably not. Since I cannot control the thing being endorsed [Congress’ idea of NN].

what you are endorsing is no one can sell “the internet” unless they play by legislative code on how those packets are routed – well sorry champ, that’s just the foot in the door. Once you have law that says congress sets the rules of the internet, what’s to stop them from clamping down on any isps doing other things they don’t like? And how to enforce it? If congress can set the rules for packet switching, what happens when the DOJ decides to play on the sheeple’s braindead and ignorant resentment of “public nuisance” sites like Myspace, or the bazillion porn sites? They can set the rules for google and yahoo and the other megasites with Billions to blow on lobbyists, they can set the rules for everything else, too.

True enough. Independently I decided to see if I could work out some sort of meaningful “definition” of what NN could be, certainly one that is compatible with existing business practices as embodied by SLAs and I couldn’t. Therefore, I rescind my previous statement of support for NN as the idea is inherently unworkable.

I like my freedom just where it is: my own hands. If that’s too much responsibility for you Bellsouth and the various religious focused ISPs will be glad to take responsibility for you – they’ll even charge you less for the priviledge of steering you clear of the “bad sites” and protecting you from your own weaknesses. I, however, have no desire to be forced to play by the rules you decide, nor especially to subsidize such tyranny with my own labor and tax dollars.

Same here.

All you’re endorsing is step one on the road to the great firewall of amerikka.

Not any more.

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By: poptones https://archives.lessig.org/?p=3186#comment-14111 Sat, 27 May 2006 00:52:00 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14111 If you think that you are on to something that is killer money-maker then develop, I don’t know, uber-wacko-DSL where the modems have two DSL-like connections, one carrying regular Internet traffic and one carrying your premium service that’s going to make you rich, so you think.

And that’s exactly what we have: I have a DSL modem for which I paid a whole 70 bucks, and I am free to choose any ISP that plays by any rules I see fit. If I want to go with an ISP that filters out for me any naughty packets I am free to do so; if I want to use windows and play by bellsouth’s rules I cna do that; I choose to pay a small premium for an ISP that leaves the responsibility for my own freedom up TO ME.

What you are endorsing is NOT what you claim; what you are endorsing is no one can sell “the internet” unless they play by legislative code on how those packets are routed – well sorry champ, that’s just the foot in the door. Once you have law that says congress sets the rules of the internet, what’s to stop them from clamping down on any isps doing other things they don’t like? And how to enforce it? If congress can set the rules for packet switching, what happens when the DOJ decides to play on the sheeple’s braindead and ignorant resentment of “public nuisance” sites like Myspace, or the bazillion porn sites? They can set the rules for google and yahoo and the other megasites with Billions to blow on lobbyists, they can set the rules for everything else, too.

I like my freedom just where it is: my own hands. If that’s too much responsibility for you Bellsouth and the various religious focused ISPs will be glad to take responsibility for you – they’ll even charge you less for the priviledge of steering you clear of the “bad sites” and protecting you from your own weaknesses. I, however, have no desire to be forced to play by the rules you decide, nor especially to subsidize such tyranny with my own labor and tax dollars.

All you’re endorsing is step one on the road to the great firewall of amerikka.

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By: Richard Bennett https://archives.lessig.org/?p=3186#comment-14110 Fri, 26 May 2006 15:36:58 +0000 http://lessig.org/blog/2006/05/fair_use_and_network_neutralit.html#comment-14110 Thanks to the House Judiciary Committee, we now know what “net neutrality” really means, as they went to the trouble of defining it for us, to wit: “If a broadband network provider prioritizes or offers enhanced quality of service to data of a particular type, it must prioritize or offer enhanced quality of service to all data of that type (regardless of the origin or ownership of such data) without imposing a surcharge or other consideration for such prioritization or enhanced quality of service.”

So we see, net neutrality means there can only be one service level on any broadband network, ever. All other definitions of net neutrality are obsolete, so if you support the concept on the basis of some other definition, forget it. This is what the net neutrality law actually says.

Nobody in their right mind could possibly support it, regardless of how they feel about Fair Use, Gay Marriage, or Al Gore’s movie. It’s simply insane.

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