-----Original Message----- From: Chris Parker [mailto:cparker@starnetusa.net] Sent: Friday, October 31, 2003 11:18 AM To: Daryl G. Jurbala Subject: RE: more on filtering
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Ah, you are a member of which bar? :)
I knew that one was coming ;) Actually, I mentioned in my last reply that I happened to be on the phone with my contract attorney after I read that post (on a completely unrelated issue.....I don't normally burn attorney fees on NANOG threads ;). I asked him about it specifically. [...]
If I sell something to you that binds you to certain terms and conditions, are you saying that you can resell that someone else who is not bound to at least the same terms and conditions?
Yes, it's possible. It's a grey area....it's not quite selling something you don't own, but it's close. The guy I was talking to didn't know of any specifics where someone had actually been burned by this, other than getting slammed by their upstream.
And that I would have no ability to enforce the terms and conditions agreed to by Cust X on the use of the service by Cust Y?
That's the legalese part....NO, you have no remedy against your customer's customer. Only against your direct customer. That's the point I was trying to make about the agreements not being transitive in that way. I'm told that specific legal point significantly adds to the bulk of reseller agreements (although I think it's because the attorneys get paid by the word). OK...that's enough OT for me. Daryl
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daryl@introspect.net