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RE: Eat this RIAA (or, the war has begun?) - Why not all ISPs?

  • From: N. Richard Solis
  • Date: Thu Aug 22 15:24:23 2002

IANAL but I the way I understand the law is that collusion among different
companies to exclude another company from a particular enterprise can be
considered antitrust.  In a practical sense, the exclusion must be
"effective" in that the excluded company would find it impossible to
compete.  A lot of smaller providers telling Sony to take a hike might not
meet the definition but all of the large networks getting together to keep
Soony sans Internet might do the trick.  Once again, IANAL.


-----Original Message-----
From: owner-nanog@merit.edu [mailto:owner-nanog@merit.edu]On Behalf Of
David Schwartz
Sent: Thursday, August 22, 2002 2:59 PM
To: rhealey@onvoy.com
Cc: nanog@merit.edu
Subject: Re: Eat this RIAA (or, the war has begun?) - Why not all ISPs?




>    Generic question related to this:
>
>    Can ISP's arbitrarily refuse to give service to someone who tries
>    to sign up? i.e. if everyone refused to give Sony service could they
>    sue on some sort of discrimination/collusion charge?
>
>    Do ISP/ASP/*SP's HAVE to provide services if someone knocks on the
>    door requesting them or can they refuse for any reason what so ever?
>
>    Any armchair lawyers, who play one on TV, have the/an answer?
>
>    -Rob

	As far as I know, yes, any company can refuse to do business with any
individual or company with very few exceptions. This even applies to
monopolists, providing their monopoly is legally acquired and they haven't
entered into any contracts to the contrary. The only exceptions I know of
involve either true discrimination unrelated to the transaction (such as
racial discrimination) or life, health and safety issues.

	DS







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