Posts Tagged ISP

All of you Net Neutrality people need a little education on how the Internet works.

The Internet is not like the public highway system where anyone who wants to ride the Freeway can regardless of whether you drive a beater or a Lamborghini. The Internet is a patchwork of thousands of private networks. Some networks owned by the big players are called backbone networks and they handle a lot of the traffic but they only take the traffic so far.

Go to your command prompt or terminal and type in traceroute followed by a url. You will see how many networks and nodes it took to get to your
destination. I did >traceroute youtube.com. I got 10 different networks that were traversed before it got to youtube.com

When you make a request to a server the request and the result of that request can traverse many networks to get to the server that hosts the information. These networks have cooperative agreements with other networks to allow traffic to go through them in return they get reciprocated with their traffic. When one network gets overloaded they cut off through traffic and the packets get rerouted someplace else that can handle the traffic. Sometimes there is no other option so the network has to throttle some traffic to handle the load. This is going to jeopardize this cooperation since they will want to protect their own traffic. The Internet cannot work without Inter network cooperation. If all networks circle the wagons nothing will get in or out and we will be left with thousands of private networks that can only talk to itself.

Why net neutrality will hurt and slow everyone down is because Networks will not be able to manage their networks based on the priority of the traffic so the result will be more traffic on their systems which means they will have to throttle Everyone to handle it. The result is it will take longer to receive packets and with streaming services such as Netflix it means you will see more of the dreaded buffering especially at night when most people want to watch Netflix.

What is interesting too is everyone is so concerned about net neutrality mainly because of Netflix but the funny thing is that Netflix uses a protocol that is low priority. The highest priority is TCP which requires every packet send back an acknowledgement that it was received or it sends it again. This makes no sense with streaming because if a packet doesn’t make it it is too late. Plus the protocol does not require every packet to be received to run the program. If anything you may lose a pixel of two. Netflix uses a protocol that has a “Best effort” protocol which is lower priority. So net neutrality will actually have no net benefit at all in streaming.

There are certain protocols used by the Internet to set priority for traffic. There is QoS (Quality of Service) and COS (Class of Service). These are part of the network protocols are are essential to operate the Internet smoothly and not bog it down. These prioritize traffic based on the nature or importance of the traffic. Net Neutrality is a small part of this and actually has little effect on the Internet and will not change QoS or Cos which means in reality Net Neutrality is mainly a marketing term. Sad something so insignificant has now resulted in the government taking over the Internet.

Obama was all gung-ho and used the full force of his administration to get ISPs to police copyrights but had no interest at all in doing the same thing to get ISPs to voluntarily adopt net neutrality. Rather he went the government takeover route. Hmmm wonder why?

Hey try the Android Game I created called CHOMP. https://play.google.com/store/apps/details?id=com.bingham.ken.chomp.android

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New Federal Judge and Former RIAA Lobbyist Becomes Darling of Copyright Trolls Everywhere

Newly minted Federal Judge Beryl Howell, of the Federal District Court of Washington DC, who’s resume includes being a lobbyist for the RIAA, Helped Draft the DMCA, and was a lawyer for a company that specializes in tracking down and suing alleged copyright violators, in one of her first rulings has opened the floodgates to mass lawsuits by copyright trolls. With her long history of being on one side of the copyright law it would have behooved her to recuse herself as to avoid even the appearance of a conflict of interest but instead issued a ruling that essentially overturned other judges in other districts who had thrown out so called John Doe or reverse class-action lawsuits as being an unconstitutional violation of due process and the rights of the accused.

She also denied Time Warners request to limit the number of subpoenas to 28 a month so they and other ISPs would not be unduly burdened and in doing so handed the plaintiffs a zero – infinity number of defendants they can find and opening the flood-gates to a deluge of paperwork that will take years to process. She also denied the motion to limit all subpoenas to potential defendants that reside in her district. Taking a huge overstepping of her authority she granted nationwide supeana power to the plaintifs. Only after a defendant has been named during discovery could the defendant then make a motion challenging the jurisdiction but there is no limit to where they can pursue them.

http://www.scribd.com/doc/51383490/COTW-doc-no-40

When the defendants are named, they will have the opportunity to file appropriate motionschallenging the Court’s jurisdiction and that will be the appropriate time to consider this issue.The Court and parties are in no position yet to evaluate each putative defendant’s specificconnection with this jurisdiction. Quashing the subpoenas would effectively bar the plaintiffs’from obtaining discovery pertinent to that evaluation, and this Court declines to cut off jurisdictional discovery prematurely when the defendants are named, they will have the opportunity to file appropriate motions challenging the Court’s jurisdiction and that will be the appropriate time to consider this issue. The Court and parties are in no position yet to evaluate each putative defendant’s specific connection with this jurisdiction. Quashing the subpoenas would effectively bar the plaintiffs’from obtaining discovery pertinent to that evaluation, and this Court declines to cut off jurisdictional discovery prematurely.

The defendants that are identified may have to wait till the discovery period is over, which could be years if ever, before they could even attempt to defend themselves. Meanwhile they will be hounded relentlessly by lawyers seeking settlements. In many cases the cost of litigation will be too high and many will not be able to afford lawyers and be forced to settle regardless of the merits of their individual case.

Judge Beryl Howell has become the darling of copyright trolls everywhere. Hopefully this ruling will be overturned on appeal but one thing is curtain Judge Beryl Howell has taken her life’s work to the bench and has way overstepped her authority. If this is not a conflict of interest nothing is.

“Unquestionably, there are online crooks who are getting away with impunity. Victims are fending for themselves.” – Beryl Howell.

I have created a Facebook group “Impeach Judge Beryl Howell for Conflict of Interest” to bring awareness of this judge and track, discuss, and document her rulings. Anyone with a Facebook account can join.

http://houstonlawyer.wordpress.com/2011/03/29/judge-beryl-howell-how-her-decision-affects-copyright-infringement-defendants-cases/

http://www.switched.com/2011/03/29/judge-beryl-howell-used-to-be-riaa-lobbysit/

http://arstechnica.com/tech-policy/news/2011/03/riaa-lobbyist-becomes-federal-judge-rules-on-file-sharing-cases.ars

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