tepples's Journal: Devil's Advocacy: ISP Throttles Non-HTTP Connections to 33%

Discussion forked from here:

the point is the plaintiff has to prove that you HAVE copied their work, not that you have to prove it is entirely original. The comment regarding therefore no worry is if you have NOT copied someone else work (for instance with a home video of you children, unless the plaintiff is a stalker) is to do with the side of the burden of proof.

The elements of copying are access and similarity. The plaintiff shows some similarity between the works. Then the plaintiff shows that the defendant should reasonably have had access to the work because the work was on the pop charts. This creates a rebuttable presumption of copying. My question: how would one rebut this presumption?

The large proportion of FOS developers feel it actually anathema to their whole project to charge even a nominal fee for their work.

CheapBytes distributes copies of free operating systems for a fee.

Firstly, the majority of large programs offered for download the company ask to be downloaded either from a FTP mirror or via bit torrent as it doesn't suck the entire bandwidth from their webhosting, slowing the website (which is what the HTTP Protocol is for).

What's the difference between an FTP mirror and an HTTP mirror in this case?

Windows Updates use SUP not HTTP

Google failed me on SUP, but it found Background Intelligent Transfer Service. That uses only 20 percent of bandwidth anyway, and the article is about throttling to 33 percent (or, alternatively, letting HTTP burst to 300 percent).

There are other encoders though that ARE FREE (and Open Source) - ffmpeg is a free encoder much like XVid, and unlike what you seem to think, does not break patents.

Any encoder for MPEG-4 Part 2 violates U.S. patents if not licensed by MPEG-LA, and as I understand it, MPEG-LA's standard license terms are incompatible with the four freedoms that define free software.

Are you just trying to dictate to EVERYBODY ELSE (your customers or otherwise) how you demand the internet to be used?

Yes, the ISP is trying to do so.

you also obviously have never played an online game.

I have played at least three Nintendo DS games over Nintendo Wi-Fi Connection. Animal Crossing: Wild World copies the map from the server to any client that joins, but that's only 88 KB of data.

Response to about ISP claims regarding usage

[ScottyMuser]

Are you just trying to dictate to EVERYBODY ELSE (your customers or otherwise) how you demand the internet to be used? Yes, the ISP is trying to do so. ========= My point here was the ISP DOES NOT (or at least Should Not) have the right to ditate to, say, Valve, or Microsoft/Bungie, or Electronic Arts, etc. over how their games, that THEY designed, should operate on a wider basis, which is effectively what your arguments regarding map downloads prior to playing a game, etc would do. I have no problem wit

You can always go back to dial-up

[tepples]

or better still walk out of the contract (or threaten to unless compensated) and find a sensible ISP

Imagine this situation: "Sensible ISPs" are dial-up at 0.05 Mbps, and the not-sensible ISP provides 2 Mbps, burstable to 6 Mbps if you are using HTTP.

Re:

[ScottyMuser]

erm, we don't live in 1999? NO "Sensible" ISP would get more than 0 customers on anything less than 2 MBs in this country (UK). My point is if they advertise a service at x MBs and don't deliver, than they are NOT a sensible service, and there ARE iSPs who DO deliver on promises. If this means I am paying an extra £10 a month, say, to guarantee me a decent speed (for ME, I would count 8 MBs as a BARE MINIMUM, I currently have 20 MBs and for the most part am happy with it). IF they are in breac

Re:

[tepples]

NO "Sensible" ISP would get more than 0 customers on anything less than 2 MBs in this country (UK).

I live in the United States, where the only option for pay TV and Internet access faster than dial-up in rural areas is often satellite, and speeds offered to home subscribers even in cities are slower than the 8 to 20 Mbps you mention. Slashdot is also based in the United States.

there ARE iSPs who DO deliver on promises.

But ISPs who promise what you call "a decent speed" don't provide service everywhere.

Such a throttling WOULD put them in breach of my contract.

An ISP that gets called out on this can just revise its contract and its advertising and then drop all customers who don't agree to its revised co