Journal Journal: AT&T Yahoo! Terms of Service, Sharing, Peer-to-Peer and such
So, there was a discussion on Slashdot a little while ago concerning the guy in Singapore...oh, right this is the Internet. Here's a link to it. Anyhow, the discussion turned to whether or not you were allowed to even have an open wireless network, because people were saying that they just leave their's open for anyone to use if they want.
I was curious, so I tracked down my terms of service agreement for AT&T SBC Yahoo! DSL. (How many companies can they fit in the name?) It does, indeed, prohibit me from having a "public use" connection. Being a nice legal document, it clearly defines what they mean:
Public Use connections are prohibited. For purposes of these TOS, Public Use means unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated to the Member either for profit or not for profit (referred to herein as "Public Use").
Note that it specifically addresses the fact that it doesn't matter whether you are charging money for it. They don't want you sharing.
Of course, multiple connections are okay, though:
This policy does not prohibit multiple, private users from connecting to the Internet as allowed under these TOS over the same network connection using customer premise equipment such as a router or home networking equipment.
There is the distinction, then, between private and public users. It seems simple, but I imagine the line between the two could become fairly blurred, if someone wanted to blur it. Which people always do.
Later, the document re-iterates:
You agree that the Service is not to be used to trunk or facilitate public internet access ("Hotspots") or any other Public Use of the Service
So, the defense of "but I was running an open Wifi hotspot, it wasn't me sharing all those mp3s!" might help in one sense, but you would be admitting that you violated the ToS. That would probably result in a much lower penalty, I'm sure (um, like losing your internet service with that provider).
I thought this, located just above the last quote, was very interesting, though:
You agree that the Service is not to be used to host peer-to-peer applications that you are not actively using.
Very interesting! So I can use p2p apps (thanks!) but only if I'm actively using them. What does that mean, exactly? It's the only place the ToS mentions p2p, so it doesn't clarify. Generally, what you do in a p2p file-sharing situation is search for the file(s), set it to download, then wait. Is "active" defined as "sitting in front of your computer with the window containing the p2p application open and on top"?? How strange.
Other little thing caught my eye as well, probably because I was on MudConnect earlier:
You agree that you will NOT use the Service to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
Sounds like outlawing spamming in chat rooms, IM conversations, IRC, MUDs...you name it. Kind of an interesting point. So, if someone is spamming a chat room I'm in, AT&T will cut of their service? Cool, cool.
Anyhow, just thought it was interesting.
I was curious, so I tracked down my terms of service agreement for AT&T SBC Yahoo! DSL. (How many companies can they fit in the name?) It does, indeed, prohibit me from having a "public use" connection. Being a nice legal document, it clearly defines what they mean:
Public Use connections are prohibited. For purposes of these TOS, Public Use means unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated to the Member either for profit or not for profit (referred to herein as "Public Use").
Note that it specifically addresses the fact that it doesn't matter whether you are charging money for it. They don't want you sharing.
Of course, multiple connections are okay, though:
This policy does not prohibit multiple, private users from connecting to the Internet as allowed under these TOS over the same network connection using customer premise equipment such as a router or home networking equipment.
There is the distinction, then, between private and public users. It seems simple, but I imagine the line between the two could become fairly blurred, if someone wanted to blur it. Which people always do.
Later, the document re-iterates:
You agree that the Service is not to be used to trunk or facilitate public internet access ("Hotspots") or any other Public Use of the Service
So, the defense of "but I was running an open Wifi hotspot, it wasn't me sharing all those mp3s!" might help in one sense, but you would be admitting that you violated the ToS. That would probably result in a much lower penalty, I'm sure (um, like losing your internet service with that provider).
I thought this, located just above the last quote, was very interesting, though:
You agree that the Service is not to be used to host peer-to-peer applications that you are not actively using.
Very interesting! So I can use p2p apps (thanks!) but only if I'm actively using them. What does that mean, exactly? It's the only place the ToS mentions p2p, so it doesn't clarify. Generally, what you do in a p2p file-sharing situation is search for the file(s), set it to download, then wait. Is "active" defined as "sitting in front of your computer with the window containing the p2p application open and on top"?? How strange.
Other little thing caught my eye as well, probably because I was on MudConnect earlier:
You agree that you will NOT use the Service to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
Sounds like outlawing spamming in chat rooms, IM conversations, IRC, MUDs...you name it. Kind of an interesting point. So, if someone is spamming a chat room I'm in, AT&T will cut of their service? Cool, cool.
Anyhow, just thought it was interesting.
