From: "Sandip Bhattacharya" <[EMAIL PROTECTED]>

> On Wed, Mar 13, 2002 at 01:26:53PM +0800, Sanjeev Gupta spoke out thus:
> > What will your ISP say about this?  And are you not then an ISP, and
need to be licenced?
>
> Sputnik specifically mentions this in it's Acceptable Use policy
> [http://www.sputnik.com/network/aups.html]. Distributing ISP allocated
> bandwidth is generally a no-no for most ISPs and for some good reason.
>
> But what I am curious to know is does the usage of Sputnik makes
> anyone in India liable for legal infringement?

Yes, breach of contract.  In general, most ISPs, like most businesses, will
just cut you off,
however, they could ask for damages.

> What if I want to setup Sputnik in an office so that those with Laptops
> can move around freely between the rooms? What if I want to use it
> at home so that I can sit in my apartment lawn to access the Net?

Depends.  As long as the machine is allowing only one person to "surf", I
can claim it is "bridging", not
really a gateway.  Not sure if this claim will stand up, but there is a
chance.

> Sputnik has strong user authentication. So using it and letting my
> father browse the Net from his desktop accessing Sputnik as his access
> point, is equivalent of running a local LAN in my home. And so what
> happens if I "forget" to set the pasword to my Sputnik network access
> point? Am I suddenly getting regarded as an unlicenced ISP?

The unlicenced ISP is an issue for the Govt.

> My point is aren't there too many gray areas in this technology? Or
> probably the law was made without the knowledge of such technologies
> emerging.

No, laws are not intended to be aware of technologies.  Laws are, ideally,
concerned with "what", not "how".  In fact, it is when laws start dealing
with "how" that they start becoming funny.  The courts decide on the
applicability of the laws to a particular case, as such, the courts will
evaluate the impact of technology.

> My guess is that we will soon see proliferation of Sputnik or
> Sputnik-like technologies in and around India, albeit in very small
> pockets, but it is an extremely slippery subject for enforcing of any
> restrictions.

True.  In fact, we had a similar discussion on the Singapore LUG couple of
months ago; and the consensus was that one could claim, when accused of
allowing neighbours to surf for free, "What, the ^%@#&@% guy broke in?  I
must upgrade."

>
> - Sandip
>
> --
> Sandip Bhattacharya
> Mindframe Software
> Work: sandip @ mindsw.com, http://www.mindsw.com
> Play: sandipb @ bigfoot.com, http://www.sandipb.net
> -----------------------------------------------
>
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