> On Nov 20, 2019, at 12:44 , Brandon Martin <lists.na...@monmotha.net> wrote:
> 
> On 11/20/19 3:31 PM, Owen DeLong wrote:
>> As an ISP, there might be something there, but, you’d have to prove that you 
>> had a significant number of customers that left for that specific reason and 
>> you’d have to show the actual damages that resulted. Easy to estimate, very 
>> hard to prove.
> 
> Not only hard to prove, but the armchair lawyer in my has an inkling that 
> you'd have to show that they did it intentionally or went beyond being dumb 
> or knowledgeable about it and were somehow negligent.  The former seems even 
> more difficult than proving actual damages, and the latter seems like it may 
> not even apply or be possible.

Correct me if I’m wrong, but being dumb about it _IS_ negligent, isn’t it?

> What irks me most about these situations as an operator, and indeed something 
> that may push back on my previous statement of intent or negligence not being 
> possible/applicable, is that the services often make their geofencing/IP 
> classification system failures out as being the fault of the user's 
> telecommunications service provider when, in fact, the user's service 
> provider often has absolutely no direct control over what happens and, even 
> where they do have some form of direct control such as through a documented 
> operations-appeals channel, are still at the mercy of the service doing the 
> fencing/classification to correct the error.  At minimum, this could damage 
> customer good will toward their service provider.

Yep… Hence what I proposed as regulation to help curtail this BS.

> (And kudos where it's due to the providers who do NOT make such issues appear 
> to be the fault of the user's telecommunications service provider and instead 
> provide a real, useful means for the user to directly contact the content 
> provider to resolve the issue)

Who are they? I want to shift my services to them if I can. (So far, I haven’t 
found any)

Owen

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