Ok, let's do this-
Look up Kansas City Startup Village. It is a small business park that has Google fiber. Kansas City and Google both brag about this. There are many businesses in there that host servers and Google does not care. Google is actively encouraging Internet start ups.
Google is only paying lip service to 'garage internet startups' - http://slashdot.org/comments.pl?sid=3106555&cid=41288357
This issue to me, is about what an average, er, *every* average joe should be able to expect from something sold as an "internet service". I believe it means the full use of the *symmetric* nature of the Internet Protocol (v6 as advertised here).
Comparing apples to oranges, but the "No Servers" in the ToS is similar to the Google Docs ToS requiring that you give them copyright permissions.
Uhh... right, yeah, both those things sound pretty insane and in need of sanity rewriting to me (as you described them).
The legalistic nature of the USA effectively makes ISPs put in a "No Server" clause, otherwise the ISP would have nothing to fall back on if someone was using the network is an obviously abusive manner.
This is the kind of line I might expect to hear from Google's defense lawyers. But it is stupid if you actually read it as something purporting to be a logical sentence. I.e. it is *precisely* the legalistic nature of the USA that gives everyone involved *countless* methods of fallback if someone is enganging in using the network in an obviously abusive manner. I've heard defenses that complain about making it easier to set up phishing fake sites. I.e. my own paypal website with the content copied to my own apache server and malicious code added. You know what laws that violates? Fraud. Logo/trademark. Copyright. And probably no less than a dozen others. It is purely insane to suggest that cutting off the power of hosting servers/services to the vast class of internet users known as residential users is the only way to deal with such things. Again, it is *precisely* the legalistic nature of the USA that makes such a "No Server" clause as the only claimed solution to those issues, INSANE!!!
I have a local ISP that has a ToS that explicitly states that they are net neutral. You cannot "host servers", but they also state that they will not watch your traffic for any reason other than requested by law or by the end user and they will not traffic shape or block any traffic. Well then, why put in a "No Server" clause in your ToS if you have no way of detecting? If you decide to host up a service and a competitor decides to DDoS your connection and the ISP goes, WTF is this 10Gb of traffic hitting our trunk?! Then they can fall-back to the ToS and say "You're running a server, stop it or get disconnected".
translation: protecting against DDoS on the internet is hard. real solution: by making the problem of DDoSd servers something that can happen to everyone interested in hosting a server, not only a minute fraction of people, more effective mitigation and prevention means will be engineered. Every existing server (and there are lots of them) suffer from this same threat, and their upstream ISPs have to deal with this. I genuinely don't believe that this is such an untractable problem of the day to day internet, that it's only solution is to cut off the empowering ability to host servers/services from the vast class of internet end points known as "residential users" Or again, regular people like you and me and the other 7 billion of us on the planet.
If the ISP has to drop traffic to your/my IP until the DDoS subsides because it is technically unable to do anything else, so be it. I'll use my time offline to contact the FBI and ask them what cybersecurity national resources they may have that might be interested in testing their abilities against my ongoing attackers. Hell, there might even be some google and microsoft engineers that are friends of friends of mine that might be looking for a network security challenge. So in other words, this is a non-issue if residential server hosters are willing to accept such a worst case scenario (which, correct me if I'm wrong, is about the same as the worst case scenario for any of the millions of server running 'business class' ISP customers out there right now?)
Without that clause, the ISP would have no way to protect itself legally in a case like that. There are probably other situations where hosting services in a certain manner can cause harm to the over-all network. Most situations probably won't cause any issues, but the ISP needs a legal safety-net.
This particular "legal safety net" (euphamism for "blatantly exagerated blanket prohibition of activity because a narrower prohibition would require some time and thought).... This particular "legal safety net" simply has TOO HIGH A COST against the productive opportunities that IPv6 presents to society. In my opinion.
Heck, this ISP even says "No Datacap" and "You get dedicated bandwidth". What legal recourse could this ISP have it it actively advertises that it does not block, throttle, cap, or monitor your connection while also claiming dedicated bandwidth? "No Servers".
I'm sorry, are you describing an ISP that is offering a service called "you get dedicated bandwidth", without actually having any technical ability to deliver that to the customer? And you want me to feel sorry for them? It's like, what would the world come to if internet service was instead of misadvertised, actually advertised as the "best effort" service it actually is, and was designed to be. I'm sorry, but, removing bullshit illusions from the masses that fraudulent advertisers have spent years deploying is something I remain unafraid to do.
Or another situation. Someone starts a business, and the ISP changes something on their network that affects the business's ability to host. If the ISP has a "no servers" clause, there is no question. Without the clause, the business may be able to go after the ISP for damages.
If an "internet service provider" changes something on their network (e.g. adds an unnecessary NAT or firewall) that breaks the "internet users" from being able to "use" the *symmetric nature* of the "internet protocol"(v6 as advertised here), then I consider it fraudulent of them to continue to claim that they are providing "internet service"). "Internet Service" has a meaning. It means a service using the "internet protocol". Which was designed to be fully symmetric, as far as allowing each and every endpoint on the global information superhighway the ability to connect to every other (willing) node. If you use the internet at work, and the IT staff has blocked certain flows of traffic with the wider internet, you have a "restricted internet access". I am fighting for the right of average joe users to have, *at least the opt-in option* of having the immensely empowering thing known as "unrestricted internet access" at their home. I believe such will allow newer more advanced, more privacy protecting, less advertising infused, services to become available to humanity. Please, don't regurgitate bullshit to me that the existing lazy ass, competition stagnating, ISPs have been selling you for the last decade. Join me in fighting for "The Right To Serve" (via IPv6 enabled residential 'true' internet access). Please.