Re: Interesting Twist to BANNER ADVERTISING
FRED WROTE:
> I think we need a wakeup call at this point. Remember
> that the Ad purveyor site SENDS the bit data to our hub
> servers for viewing on our private WAN. Once that data
> arrives here, it's on OUR property. Not like TV where
> the receiver is getting wide broadcast air waves. A
> Private WAN is like closed circuit TV. We can show what
> we please. Period.
TO WHICH WILLIAM HENNING REPLIED:
> No, you have no claims to the data. You are totally
> wrong here. Your subscribers pay for your bandwidth;
> and they are paying the freight for the data.
>
> So you are willing to give up your "common carrier"
> status? You are NOT a private WAN, you are a point of
> access to the public internet.
Sorry, William.
Each ISP IS a private WAN, whether you like it or not.
The few court cases which have addressed this issue
have done so regarding Email SPAM, and have
unequivocally ruled that an ISP/system has complete
rights to filter the traffic on it's system any way it
wants to. The subscribers can vote with their checkbook
if they don't like it and change ISP's. As far as I can
tell, there is no reason to regard banner ads any
differently. I realize this brings up a number of
thorny issues to settle, but that is the way the courts
have ruled thus far.
Walt Rines
President
TargitMail.Com
A division of GTMI, LLC
888-467-7709
603-766-8263(fax)
www.targitmail.com
www.gtmi.net
Received on Wed Jan 12 2000 - 13:58:50 CST
