Chris Wedgwood wrote:-
Not wishing to comment on other details, I will point out the claims like `court action is a useful last resort' are bullshit.
Legal action is a completely reasonable solution where two parties cant agree and all other options have been exausted. That is why we have the courts. The fact that IP networks may not have featured in court cases to date does not in my view diminish the legal system's capability to deal with a dispute involving such things. This is because the issue is likely to be about a sale and purchase agreement between the upstream provider and their customer. There is no problem with a court ruling on these sorts of things, because they do so every day. What may be a bizzare outcome is if a court rules that a customer has title or some other exclusive right to a particular network, and even orders the NZ upstream provider to route it, International upstream providers outside the reach of a NZ court may still refuse or be unable to route it, so thus it is broke. It may be yours, but you wont want it anymore because it dont work! Another solution is needed. regards Peter Mott Chief Enthusiast 2Day Internet Limited http://www.2day.net.nz -/- --------- To unsubscribe from nznog, send email to majordomo(a)list.waikato.ac.nz where the body of your message reads: unsubscribe nznog
On Thu, Nov 19, 1998 at 11:25:50AM +1300, 2Day Chief Enthusiast wrote:
Legal action is a completely reasonable solution where two parties cant agree and all other options have been exausted. That is why we have the courts.
This -- I don't dispute, although I wasn't specifically talking about the courts.
The fact that IP networks may not have featured in court cases to date does not in my view diminish the legal system's capability to deal with a dispute involving such things.
Yes it does... or at the very least can do. Technical ignorance doesn't guarantee the court will make poor judgements, but it increases the likelyhood of such things and can cause adverse delays.
This is because the issue is likely to be about a sale and purchase agreement between the upstream provider and their customer. There is no problem with a court ruling on these sorts of things, because they do so every day.
Certainly the courts are more than capable of this.
What may be a bizzare outcome is if a court rules that a customer has title or some other exclusive right to a particular network, and even orders the NZ upstream provider to route it, International upstream providers outside the reach of a NZ court may still refuse or be unable to route it, so thus it is broke.
Indeed, this is what concerns me more -- I'm aware (as Don Stokes pointed out in an earlier reply) the issue are probably more of a contractual nature between the involved parties, but I fear the exists the possibility of a court making a ruling that would have technical implications on the 'net community in NZ and possibly elsewhere. -Chris --------- To unsubscribe from nznog, send email to majordomo(a)list.waikato.ac.nz where the body of your message reads: unsubscribe nznog
participants (2)
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2Day Chief Enthusiast
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Chris Wedgwood