North American Network Operators Group|
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Re: (UPDATE) Can a Customer take their IP's with them? (Court says yes!)
As more and more of the "facts" come to light, it appears that NAC has brought much of this on themselves, and will need to dedicate the legal resources to counter the claims of Pegasus, in fact their own survival may well depend on it. I have to admit I have little sympathy for them or any provider who hosts spam operations. Historically, NAC.net has received spam reports by the tens of thousands, and have consistently did not much more than pass out rhetoric. Their contract with pegasus, as well as their publically published Terms of Service were rarely, if at all, enforced, which appears to have come home to bite them. Pegasus applied for and wants to have direct access via direct allocations, probably for the simple reason of allowing themselves to become a bullet-proof spam host operation. Obviously spamming is very profitable, and they wish to stay on the cash train awhile longer. NAC likewise did nothing to interrupt their own revenue source despite the number of complaints. Any new carrier that picks them up is going to bring upon themselves a "bucket of hot water" given the history of this operation. Whle they may not enter into evidence the multiple violations of AUP and TOS they would have to show that they attempted to enforce the contracts, which they simply did not do. I doubt there is a judge anywhere who would not recognize and understand the term "spam" and its effects on the carrier's operations. Hopefully this whole affair will be a wake-up call to providers who put revenue ahead of sound policy enforcement, assuming they have enforceable policies in effect.