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Comment Re:In other words... (Score 1) 284

It can't work both ways. The government can't say "sure, you can have limited liability, something only the government can give you and that you pretty much need to run a business, but in exchange, you must give up some of your Constitutional rights". That's basically the definition of an unconstitutional condition.

Comment Re:14th Amendment (Score 1) 284

That's certainly one view of how search engines should work, and there are search engines that share this view. But the most popular search engine in the world, Google, does not share this view, and its commercial success suggests that that's not what most people want. Google biases search results based on characteristics of the person searching to try to get them the results they are personally most likely to be interested in. This tends to produce results people consider more relevant, but it does not provide an unbiased view of the Internet.

Comment Re:Peering and Bandwidth Symmetry (Score 1) 182

Of course not. Paying for bandwidth asymmetry is only used where its logic makes sense. The basic underlying assumption is that traffic that begins on one network and terminates on the other benefits both sides equally and thus the costs should be split roughly evenly. Paying for bandwidth asymmetry is an approximation to cover the case where one side pays more than the other, usually because one side has to carry the traffic further than the other. (Generally, you carry inbound traffic further than outbound.) Historically, this is the way it's done.

But when you're talking about Comcast, which has a large number of small endpoints, and Netflix or Crashplan, which have a small number of large endpoints, more of the costs are borne by Comcast regardless of the direction. So settlement-based peering makes sense regardless of traffic ratios.

Settlement-based peering based on traffic ratios makes sense when you're talking about two ISPs with roughly similar business models, types of customers, and service areas. But it's just a simple approximation of the underlying logic -- traffic benefits the sender and receiver about equally, so they should split the costs about equally. When design asymmetries make one party pay more than their fair share, settlement-based peering is the norm.

Comment Re:Peering and Bandwidth Symmetry (Score 1) 182

Comcast is not an end user, they are a peer. When two networks exchange traffic as peers, that means they exchange only traffic that originates on one of their networks and terminates on the other. This is precisely what Comcast and Netflix want to do -- exchange traffic that originates on one network and terminates on the other. That is, by definition, peering.

Comment Re:Peering and Bandwidth Symmetry (Score 1) 182

I'll put this in terms that are as simple as possible, since you clearly don't understand the difference between peering and transit. When you want to reach a network in Sweden, your ISP carries that traffic for you. When your ISP wants to reach a network in Sweden, they can't ask you to carry it. That's why you pay your ISP. It has nothing to do with ratios or directions -- it's because your ISP is providing you with transit and you are not providing your ISP transit.

Comment Re:Peering and Bandwidth Symmetry (Score 1) 182

The presumption behind the scheme is that the traffic benefits both sides equally and thus the costs should be split. If Netflix wants to receive traffic that provides no benefit whatsoever to Comcast customers, they should pay 100% of the costs for that traffic. So that won't actually even the flow at all but only make it more asymmetric.

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