Whichever way you look at it, it seems that ISP today must make a decision
in a yet undefined legal issue.
What must not be overlooked is that also the opposite position, in which ISP
chooses to block p2p traffic, may get it in legal trouble.

My observation is that the current trend in which ISPs are testing and
implementing p2p caching systems, are preceeding the legal system's verdict,
and as such are actually defining the legal status. In addition, I predict
that eventally an fair and intelligent arrangement between ISPs, ISP
clients, and the recording industries will make p2p beneficial to all.  

-----Original Message-----
From: Ranko Zivojnovic [mailto:ranko@...Sent: Tuesday, July 15, 2003 11:06 AM
To: isp-caching@isp-caching.com
Subject: [isp-caching] RE: interresting


Check further down the thread for some pointers that I've just sent.

Being an ISP and perform caching through an automated process is a lot
different than actually providing the content online. If the content is
removed from the online users, cache engine should not serve local copy. I
you were to, then this behavior would imply that you are actually
distributing that content rather than just caching it.

For as long as the content is actually available on-line, the content would
be downloaded to the client anyway, and this is where the caching comes into
the picture.

I strongly doubt that RIAA would be actually doing anything of a kind since
there is a perfectly clear definition of what the system caching is and how
it fits in the ISP environment. Caching is an old discipline and its
legality and viability has been proven the times over.

I agree that it is sad that people are still using any technology for
unlawful purposes, but you as an ISP cannot afford/should not be forced to
pay for it. It is a fact that a lot of traffic is attributed to p2p and it
is your responsibility to manage your bandwidth. The Law provides you with
legal backing for use of caching. So it is your choice: add more bandwidth
and then add more, and more... or do something to make the equation look
better - like use the caching solution.

Having in mind the recent ruling in case MGM v Grokster
(http://www.eff.org/IP/P2P/MGM_v_Grokster/030425_morpheus_win_pr.php)
improves further on my point. If the software that is used by p2p users is
considered legal, there is no base to consider caching of the same -
illegal.

Regards,

Ranko

> -----Original Message-----
> From: Eric Gregory [mailto:eric@...> Sent: 10 July 2003 16:01
> To: isp-caching@isp-caching.com
> Subject: [isp-caching] RE: interresting
>
>
> What about liability on this, this puts you beyond just providing an
> internet connection to actually storing the p2p files on your system and
> you are now essentially making it easier for file swappers to do so.
> Now I'm not saying all file swappers share copyrighted material, but you
> know the RIAA would love to be able to prosecute an ISP just to send a
> message?
>
> Anyone know the legal opinions on this matter?
>
> Thanks
> Eric
>
> Pablo A. Destefanis (Ecoband) wrote:
>
> >Interesting indeed! Is anyone using any caching engine to catch P2P
> >traffic? Are there other products out there?
> >
> >Best,
> >
> >Pablo.
> >
> >-----Original Message-----
> >From: Ranko Zivojnovic [mailto:ranko@...> >Sent: Wednesday, July 09, 2003 01:47
> >To: isp-caching@isp-caching.com
> >Cc: thomas@...
> >Subject: [isp-caching] RE: interresting
> >
> >
> >I believe that you will find the following very interesting too:
> >
> >http://proxymus.spidernet.net
> >
> >Regards,
> >
> >Ranko
> >
> >
> >
> >>-----Original Message-----
> >>From: Thomas Kirk [mailto:thomas@...> >>Sent: 03 July 2003 12:58
> >>To: isp-caching@isp-caching.com
> >>Subject: [isp-caching] interresting
> >>
> >>
> >>http://theregister.co.uk/content/6/31532.html
> >>
> >>--
> >>Venlig hilsen/Kind regards
> >>Thomas Kirk
> >>ARKENA
> >>tlf/phone +4570233456
> >>thomas(at)arkena(dot)com
> >>Http://www.arkena.com
> >>
> >>
> >>"OK, son. Just remember to have fun out there today, and if you lose,
> >>I'LL KILL YOU!" -- Homer Simpson
> >>
> >>------------------------ANNOUNCEMENT---------------------------------
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> >>
> >>
> >>
> >
> >
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> >                         ** 802.11 Planet **
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> >      Wireless network certifications. High-gain antenna design.
> >                       Site survey techniques.
> >                       June 25 - 27, Boston, MA
> >             http://www.jupiterevents.com//80211/spring03
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> >
> >
> >------------------------ANNOUNCEMENT---------------------------------
> >     *-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
> >                         ** 802.11 Planet **
> >       The business of hot spots. Wireless ISP business plans.
> >      Wireless network certifications. High-gain antenna design.
> >                       Site survey techniques.
> >                       June 25 - 27, Boston, MA
> >             http://www.jupiterevents.com//80211/spring03
> >     *-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
> >




> >
> >
> >
> >
>
>
>




>

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[isp-caching] RE: interresting, adehost-sales