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Originally Posted by mynameisjim
Gideon, I think you are losing touch with reality. You are trying to bring in all these unrelated circumstances and weave some sort of truth or precedent from it. It's like when a student doesn't know the answer to an essay question and he bluffs his way through it by making a bunch of vague references to different things which are mostly true, but the overall answer is just a rambling mess. Trust me, I use to do this all the time in school so I'm very familiar with the technique.
I applaud your effort, but this particular cloth you've woven from unrelated cases just has no place in how the real world actually works. You might be able to score some points in a debate club with these arguments, but in the real world they won't have any impact.
Unlike most people on GFY, I actually think you're probably a decent guy and your heart is the right place. But on this one you are trying to frame the issue as some sort of legal or civil rights issue, when that's just not the case.
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seriously the guy who is arguing that you can make up any excuse you want to breach the contract simply by claiming you "believe" that excuse is legitimate is claiming i am stretching the truth.
all business actions are governed by consumer protection laws.
Think about what your trying to claim, companies could promise insanely high speeds, massive bandwidth availability, and NEVER delivery any of it because they misrepresent fair use as infringment and cap every account, if you were right
Fuck all the anti fraud statutes that prevent such an action they would alll be irrelevent because they could simply argue that they "believed" it was a crime with "no proof" whatsoever.
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This is a free market issue. If an ISP starts dropping subscribers and word gets out and people don't like it, then those customers will move to an ISP that doesn't do it. Or one ISP will drop out of the agreement and mop up all the angry subscribers. The free market will take care of this issue if it's truly as bad as you say it is.
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your talking about an industry wide mandated policy, which all isp would be forced to comply with.
they were dragged kicking and screaming to comply by copyright cartel
That a monopoly control level change, which by definition eliminates the free market solution from the equation.