No, its really not. Google was a very strong proponent of the freedom of users do use connections as a dumb piple that was written into the FCC Open Internet rules, and is now acting in a way directly opposed to that in favor of a ISPs power to blanket ban all server use (and, on top of that, based on their apparent behavior, also the power to adopt such a blanket ban and then enforce it selectively to only actually prohibit server use that the ISP has other reasons to oppose besides the mere fact of server use, which then serves as an end run around the transparency provisions of the open internet order as well as the neutrality provisions, since the real substantive rules are not disclosed.)
This is a fairly breathtaking flip-flop, and the headline is quite accurate.
> Like Comcast, even if Google says no, just go ahead and do it anyway. They'll probably not bother you unless you're rolling your own Netflix-clone or something, in which case you really should upgrade to business-class or get on those cloud providers
Avoiding "they'll probably not bother you" guesswork is exactly the point of the transparency provisions of the Open Internet report and order, and the specific ISP-based prohibitions of lawful applications that had occurred that the FCC cited as motivating the neutrality provisions included IPSs banning specific server software (notably, P2P filesharing software), so its pretty clear that blanket server bans are within the scope of the problems the neutrality provisions are designed to address.
I've never heard anybody suggest that the VERY common clause that prohibits servers is in some way related to net neutrality. (for instance, in the 18 pages that Wikipedia uses to describe net neutrality, they NEVER reference the user's ability to run servers)
This just seems to be some sort of flame-bait article by someone who rants hourly about how "Don't Be Evil" is a bunch of crap.
Sure, be upset that Google won't let you run your company web server on a personal Google fiber account. Fine, complain about ToS... but don't pretend that this is about Net Neutrality or Google Flip-Flopping.
And, to be clear, the entire Comcast-banning-software wasn't an issue... it was Comcast disrupting and discriminating against the packets that caused the issue...
Clearly, you have (well, unless you are using "heard" very literally, in which case perhaps you haven't, but who cares then?), if you've read the article or the comment you are responding to. And I'm sure you've heard it more than that, too.
You've just chosen to disregard those arguments.
> Sure, be upset that Google won't let you run your company web server on a personal Google fiber account. Fine, complain about ToS... but don't pretend that this is about Net Neutrality or Google Flip-Flopping.
Its about Google prohibiting users from running a particular class of lawful applications / services on the fixed broadband service offered by Google, for which Google has offered no network management rationale (they have asserted that it falls within "reasonable network management", but provided no justification for that except "everyone else does it").
The Open Internet report and order (for which Google lobbied) provides: "A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or nonharmful devices, subject to reasonable network management."
This is absolutely about Net Neutrality and Google flip-flopping.
In that case, it would be helpful to actually link to resources that discuss the two. For example:
http://commons.oreilly.com/wiki/index.php/Network_Neutrality...
Also:
http://www.jthtl.org/content/articles/V2I1/JTHTLv2i1_Wu.PDF (search for the phrase "Restrictions on Providing Content")
Now the question becomes: does this reflect a widely-held view?
Even if he hadn't, the article quotes Google itself as promoting a particular server-based application as benefiting from net neutrality. That should be enough to demonstrate some level of hypocrisy.
The quotes in the article do NOT suggest that google has changed stances or flip-flopped. It's the inferences and assumptions that the author made between the quotes that suggest that.
His arguments are only valid if I the reader already believes that Google's definition of "any type of Server" is consistent with the wikipedia definition of "any type of Server". The author provides no proof that this is the case.
The article even points out that google employees are assuring customers that gaming servers and other non-commercial servers are NOT banned.
My very non-hypocritical argument is that google used vague language in their ToS, as most ISPs do, in order to give differentiation between personal and business class service. The author decided to interpret the ToS with a specific wikipedia definition of "Server", despite lack of any indication from Google that this is what was intended, and specific cited and official instances that indicate that this is NOT what is intended. Despite lack of positive evidence for this interpretation and even citing negative evidence, the author asserts that Google is now against Net Neutrality.
As a defense of Google's position as not conflicting with the Open Internet Report and Order that they lobbied for, that seems to fail on the grounds that using "vague language" about what is prohibited in the Terms of Service seems to be directly in conflict with the transparency provisions of the Report and Order (and, also, with the transparency principle which is part of the standard for evaluating whether practices limiting use of lawful applications, devices, and services are valid as "reasonable network management practices" under the neutrality provisions of the order.)
So, this argument, rather than contradicting the charges against Google, actually supports them.
While people have come up with a lot of their own ideas since then, the "no servers" clause has been widespread for ages and predates Net Neutrality significantly.
In other words, you could very well fit it under "reasonable network management."
That was the last straw that led to the effort to get net neutrality regulations, but it wasn't the one and only ISP restriction on that net neutrality was aimed at.
> In other words, you could very well fit it under "reasonable network management."
I don't see how Google's practices (the combination of the ToS's blanket no-servers policy and the apparent -- and Google employee confirmed -- practice that this is not applied to all servers, but means something more limited that is not specifically publicly disclosed) can fit anywhere within the neutrality and transparency provisions of the FCC's Open Internet Report and Order [1], and "reasonable network management" doesn't seem to save it. The relevant neutrality provisions for which reasonable network management is an exception are the non-blocking provision:
A person engaged in the provision of fixed broadband
Internet access service, insofar as such person is so
engaged, shall not block lawful content, applications,
services, or nonharmful devices, subject to reasonable
network management.
And the no-unreasonable-discrimination provision: A person engaged in the provision of fixed broadband
Internet access service, insofar as such person is so
engaged, shall not unreasonably discriminate in
transmitting lawful network traffic over a consumer’s
broadband Internet access service. Reasonable network
management shall not constitute unreasonable
discrimination.
And the relevant transparency provision: A person engaged in the provision of broadband Internet
access service shall publicly disclose accurate
information regarding the network management practices,
performance, and commercial terms of its broadband
Internet access services sufficient for consumers to make
informed choices regarding use of such services and for
content, application, service, and device providers to
develop, market, and maintain Internet
offerings.
There is considerable discussion (at paragraphs 80 through 92) of the considerations that go into determining reasonable network management; but the particularly key one may be paragraph 87, which summarizes the applicable principles thusly: The principles guiding case-by-case evaluations of network
management practices are much the same as those that guide
assessments of “no unreasonable discrimination,” and
include transparency, end-user control, and use- (or
application-) agnostic treatment.
The Google practice here is consistent with none of those three principles.[1] http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201...
The thing people are really up in arms about is that their ISPs might charge them for access to Google, Skype, etc. selectively, even though they do absolutely nothing to run that service. I don't personally ascribe to whatever random definitions of Net Neutrality are out there, I just don't like the idea of ISPs charging for services they don't provide or otherwise selectively degrading them to make money. My principles are not in conflict and I simply do not care about whatever high-minded principles someone has come up with in a poor attempt to replicate that bit of common sense that ISPs shouldn't make up special fees for things they don't even provide.
You may notice how that "things they don't even provide" bit means that I have no weird "is this actually neutral?" edge cases when people pay to run caches/proxies/whatever to actually improve services for people, even when there are fees involved, while people sometimes get concerned over whether or not something is truly "neutral" or not. This is because I do not care about "neutrality" as such, but rather a much simpler concept of fairness: don't charge for (or degrade) services you don't provide.
It hasn't been part of any of the ones I've been party two prior to 2000, or any of the ones after that except the ones from major telcos (but then, the ones prior to 2000 I was party two weren't, by any stretch, broadband.) But, even so, it doesn't really matter, since prior to the Open Internet Report and Order for which Google lobbied, there weren't FCC transparency requirements on fixed broadband providers, or neutrality rules which included transparency as a factor in determining whether a restriction was reasonable network management. There is now, and Google's decidedly non-transparent practice is inconsistent with the policy for which it lobbied.
> I have a hard time seeing it as anything but a longstanding, standard practice of reasonable network management
I have a hard time seeing it as "reasonable network management" given the way that term is used in the FCC Open Internet Report and Order, a policy for which Google lobbied.
If you can defend the idea that it is such within that context, I would like to hear the argument. But simply repeating time and again the same old "everyone has always done it" argument isn't making that case.
I have no interest whatsoever in defending principles I do not and have never held. Google can defend themselves without me, in any event.
Rather, I advocate something entirely different than "neutrality" as a principle from which to confront the real threat net neutrality was formed to prevent. That happens to align with what Google is currently doing, if not why it is doing it. The idea of "neutrality" has a lot of weird corner cases that make no sense at all in practice. I'd rather advocate something good than something... neutral.
You're absolutely correct, I wasn't using it extremely literally, or even semi-literally. I meant that I hadn't heard anybody suggest this BEFORE I read the article that suggested it. Glad you pointed that out.
> You've just chosen to disregard those arguments.
That's quite an assumption that you've made. But I suppose we arguing on the internet, and that's the MO... assume that the people you're arguing with are both stupid AND intentionally misleading.
But, to set the record straight, I truly had not heard anybody (before this article) suggest that the rules that Comcast did and does have in effect about not operating a mail or web server be removed due to Net Neutrality. I know plenty of people thing that rule is bullshit, but they never linked the two concepts where I read or heard it. All discussion of Net Neutrality that I was aware of (again, before this article, do I really have to keep pointing this out every time, because it really seemed obvious to me when I made that original statement, but I suppose it was confusing enough the first time, so I'll keep clarifying it) revolved around bittorrent or the preferential treatment that ISPs were giving their "approved" (i.e. pay-for-performance) services (and, the discriminatory degrading of services from those who refused to pay).
It was the double-dipping that was publicized, the fact that they have 'tiered' services for personal and business purposes seemed reasonable...
To be fair, I am heavily biased against relying on Comcast for anything, so I guess it had never dawned on me that someone would attempt to run a server on anything that Comcast provides... personal OR business class. But I'm a block away from being able to have DSL, so I'm stuck with Comcast.
I also want to point out that my reading of the quote you provide does not suggest flip-flopping. I'm neither ignorant of nor ignoring the quote, but I take it to mean that "An ISP[...] shall not block ACCESS TO lawful content [...]". Certainly this is an understandable interpretation, especially considering the events that lead up to the net neutrality debates in the first place.
I'm not sure how your rewriting (particularly, inserting the additional words "ACCESS TO") is imagined to make what Google is doing anything more inconsistent with the order, or how it is consistent with the order itself [1] (e.g., Paragraphs 65, referring to the language you are modifying/"interpreting"):
"We also note that the rule entitles end users to both connect and use any lawful device of their choice, provided such device does not harm the network."
A server appliance is a lawful device.
[1] http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201...
"Everyone's a felon" and "everyone's violating the contract" is a terrible state of affairs.
Its "Unlimited Internet!", oh wait, if you are in the top 1% of bandwidth users we reserve the right to throttle you. Oh wait, we really don't want you to use more than 5GB a month. Ok fine, if you use more than 2GB we'll start throttling you and at 5GB your network connection will become unusable.
Which is why they probably limit 'excessive use', and / or have hard GB caps in place, which basically every ISP does. If you paid for, say, 20GB of up/down traffic, and you can run your server within that, why should they be able to say you can't do that, just because it's a "server"? If you had uploaded 20GB to e.g. Dropbox, they aren't complaining.
If you have Google's fiber, even if they say it's unlimited, they still have the ability to restrict your up/down speed (I'm assuming, given the legal support of all the past "unlimited X!" that sometimes gets throttled to extinction). Why don't they just limit it if you're being excessive, regardless of the purpose? Or offer extended GB/TB packages and put hard limits somewhere?
It's even more ridiculous than that! If you sync 20GB to dropbox, that's a client. If you sync 20GB with bittorrent sync, that's a server. Same data, same purpose, same network load. But one gets banned.
Also, I have to wonder if someone at google has heard of a thing called an X11 server...
1. Does P2P count?
2. What if I'm downloading a creative commons movie and seed it to a ratio of 15?
3. What if I'm seeding a hobby video podcast I make at a constant 300mbps?
4. What if I use opera unite instead of bittorrent?
5. What if I switch to nginx?
6. What if I make a living off that video podcast?
7. What if I was only sending it to my family instead of the world?
2: No
3: No
4: No
5: No
6: Yes
7: No
Computer programmers like exact definitions. Server: The main controller of the program, or main sender of data.
The real world is much more fuzzy. They are concerned with business use, not server use exactly.
But then you define server in a way that disagrees with those answers.
Do they care about servers, or do they care about businesses? If businesses, why can't they make it explicit in the rules?
It's nothing special about google - all ISPs have the same rule.
I DID NOT define server! You read it exactly backward. I said that's how programmers define it, but that's NOT how google defines it (for internet purposes).
But seriously, while programmers are pedantic sometimes, when I'm running a website out of my basement that's a 'server' by ANY definition. If google is only going to enforce the rule on business servers, they should say so.
And it doesn't matter what other ISPs do, we already know they're horrible.
Further, their current terms of service, while in intention mean: "customers who are using our services to run a business", can later be construed to target everyone. Though they promise that they wont. A dark cloud to cast.
Say they want to get rid of Alice, who knows why, but Alice has a Minecraft server. Those clauses arn't about Minecraft servers, but Alice agreed to the terms, and they can use those terms to remove her.
Despite the undercurrent of hatred for Google on hacker news, I think in general we all expect better from the company. This is not better.
1) People who want to run a server at home
2) Businesses
The debate here should be about if that equivalence is dangerous and why.
Perhaps it would be better to avoid the connotations of the word "business" and just view this as Google saying "if you want to run a server, you have to pay more for a premium account." Do people think this is reasonable?
That may be a real question, but I that its not the real question; equally real is the question of whether what Google did is permissible under the language of the Open Internet Report and Order, since that's a governing regulation (and, on top of that, one for which Google recently and actively lobbied.)
And, related to that, whether the expectation that Google will obey the law governing where they can and cannot restrict customers when offering a service is reasonable.
For instance Google is fine with you using your connection to VPN to work, but you are technically an agent of your business when you do that.
Thus outright disallowing Businesses is a no-go, since they can't filter you beforehand they have to get you to filter yourself.
One way would be to ensure that the business version is so much better than the consumer version that businesses switch themselves. Unfortunately if you have 99.9% uptime and 1 Gbps total bandwidth, who isn't okay with that?
Because that is going to be the story, more or less.
The amount of time you can stand to be without service is basically the crux of the decision; if you just run a gaming server or host your mom's cooking website, being down a day or three won't really matter, but if you (or your clients) depend on your site -- say, you have an online reservation system for a hotel -- then even an hour is going to cost you money, and I know from personal experience that if it's down for a day or more, the client is probably going to drop you unless you pay them off in a big way (free month of service, etc.).
Right, because you usually don't have SLAs for connection. But apart from that -- why ever not?
"We can charge businesses more".
But hey, I guess little shops that want to provide their customers with wi-fi and batch send some financial information at the end of the day need Big Expensive Solutions (TM) to accomplish it...
When I was in residential support, you don't know how many times I heard, "Well you better get this fixed ASAP! My business depends on it." I'd have to remind them that if they expected business-class service -- including 24/7/365 phone/email tech support, over-nighted equipment replacements, etc. -- then that required a business-class contract. If you pay the pithy rate for consumer-grade service, you get <surprise!> consumer-level support, and there is a world of difference between residential and business support capabilities.
It's also not a secret that the business support techs are usually a rung or two above those in residential support, and so what may take that junior-level tech a few hours to fix, would take the senior-level tech in business support a few minutes (and more often, to resolve it correctly). This is not only due to the nature of the issues being more challenging for business support, but because it's the ISP's prerogative to keep their clients online. Unlike most residential customers, business will more likely have access to more options for service; whereas AT&T, Comcast, TWC, etc. can piss all over their residential customers, it usually doesn't matter because the customer literally has no other alternative. On the other hand, businesses are often courted by ISP's, and competitive offers are always available. This is compounded by the fact that business-class service more specific in its offerings; you don't just pick a "basic" or "turbo" package, you often have 10x as many choices which take into account latency, burst rate, symmetrical upload/download, etc.
Another perk of business-class at some ISP's is a direct communication line to the NOC. Not specifically by phone (still have to go through support for that usually), but at least where I worked, the NOC sent out emails to our business customers for every planned outage (in advance, right before execution, and upon completion) with details of the work, as well as for unplanned outages (which usually detailed the nature and impact of the outage). At times, alerts were sent out when a large-scale malware, DDoS, etc. was present. You know, things that as a business, your own networking/sysadmin staff need to know to do their job effectively.
I've said this before but it's worth saying again: In the United States we have two classes of Internet. One is the consumer net, which is quasi-3rd world in many parts of the country. The other is the Enterprise, which is, I would argue, the only first-world network on the planet (by aggregate capacity and availability).
When you subscribe to the former, and expect the latter, you'll undoubtably be an unhappy camper.
In fact, it's almost insultingly paternalistic if that is in fact the view Google (or any other ISP) takes.
I was responding to the parent (perlgeek), not the original submission. It was an argument for why business-class services exist, who might require them, and the value they bring.
Companies shouldn't be allowed to choose how much is too much when the usage in question is within the scope of an agreed upon contract.
I don't imagine Google is doing this to line their pockets - the infrastructure was created with certain assumptions in mind and when someone is using it outside of the parameters, it becomes a headache for the engineers. Here's an analogy - Amazon's AWS service. When you have noisy neighbors - people using AWS's service in a way Amazon did not expect, it degrades performance for everyone else. Now while for Amazon it makes sense to increase server capacity, noisy "consumer internet" should upgrade to a business class connection.
And again, it is within the scope of agreed contract, its in the article. I don't think its insane to offer a certain guarantees of a service (1 Gbps up/down) within limitations (you won't be using 75% of it 24/7).
Then specify the limits up front, rather than promising a gigabit connection. Metered Internet access is potentially reasonable, unless the limitations are arbitrary, undocumented, and capricious.
Give me a cap that represents fair bandwidth prices and I won't object.
The last mile limits bitrate, not quota.
http://drpeering.net/white-papers/A-Business-Case-For-Peerin...
In any case, the problem is that Google has already pitched their fiber service as gigabit, and attempting to meter it will make it look less appealing. Personally, I find arbitrary restrictions on the type of data I can transfer even less appealing, but many people won't.
What would Google say to someone saturating their bandwidth 24 hours a day and not running a server? I can easily think of ways to do that. For instance, how about doing daily image backups of your home media center?
The controversy is not over whether it is within the scope of the Terms of Service. It is whether the Terms of Service are consistent with the FCC's Open Internet Report and Order.
There's nothing in Net Neutrality to stop vendors from capping bandwidth, only from cherry-picking packets.
In this specific case, virtually anything — including say the bittorrent client WoW uses to distribute patches or GoToMyPC — qualifies as a server.
What law? You mean the term in Google's contract with it's subscribers that prevents servers? That's not a law.
If they wanted to limit servers to a certain bandwidth, or to say you can't use their connection for a business that charges money -- why wouldn't they just put that in their contract instead? It's their contract to write how they like. What they liked was to prohibit all 'servers', rather than what you suggest they meant to do. Maybe their lawyers made a mistake, you should let them know.
Does the product ad say, 1 Gb bandwidth for $XX when use of bandwidth doesn't exceed 20%?
Generally, these sort of exceptions are not made clear at the time of purchase.
Frankly, if they are selling bits or bandwidth it shouldn't matter the type of account. The type of account should only impact customer service. The water company analogy should apply.