Re: [asterisk-biz] FW: "illusory" terms of service

Hey yeah,

 

Asterisk created that problem making it easy for john smith ( aka anyone) , as most abusers, to pose as residential unlimited and WACK it trough their business trunk, even caught 4 guys yet grouping 4 accounts to pull 8 channels 24/7

Hence why some ( like us) put a reasonable cap ( based upon avg of residential usage minutes) to the account, but we are open about it, and say so on the plan page.

 

Unlike vonage who say unlimited and then shut accounts down.

 

But then again vonage is in this biz to show clients on paper, not to offer service, it’s all about what investors see and hear, and believe me , if any one of them would spend 1 days at vonage tech support they would sell all they have and run as fast as they could ..

 

M

 

 

 

From: asterisk-biz-bounces@lists.digium.com [mailto:asterisk-biz-bounces@lists.digium.com] On Behalf Of C. Savinovich
Sent: April-20-09 6:54 PM
To: 'Commercial and Business-Oriented Asterisk Discussion'
Subject: Re: [asterisk-biz] FW: "illusory" terms of service

 

Yeah, I look forward for the day companies that offer “Unlimited” termination service per month begin to have their service categorized as “Illusory” service.  That would be sweet (and just).

 

CS

 

 

From: asterisk-biz-bounces@lists.digium.com [mailto:asterisk-biz-bounces@lists.digium.com] On Behalf Of Dean Collins
Sent: Monday, April 20, 2009 10:52 AM
To: Commercial and Business-Oriented Asterisk Discussion
Subject: [asterisk-biz] FW: "illusory" terms of service

 

While not restricted to online websites I’m wondering if some of the people on this list running USA based ITSP’s could be affected by this court case.

 

 

 

Regards,

Dean Collins
Cognation Inc
dean@cognation.net
+1-212-203-4357   New York
+61-2-9016-5642   (Sydney in-dial).
+44-20-3129-6001 (London in-dial).

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From: Dean Collins
Sent: Monday, April 20, 2009 10:45 AM
Subject: "illusory" terms of service

 

First posted at:  http://deancollinsblog.blogspot.com/2009/04/illusory-terms-of-service.html

 

 

"Illusory" terms of service

Wow I’m not sure how many people caught this or understood the ramifications of it.

I’m trying to do some additional research to find out what this means but this ruling at MediaPost.com this morning caught my eye.


Lynn determined that Blockbuster's contract with users was "illusory" because the agreement said that movie rental store could change the terms and conditions at any time.
A Blockbuster spokesperson declined to comment on the case or state whether the company will appeal.

The decision is a blow to Blockbuster because individual consumers would have had a difficult time bringing cases one-by-one against the company. But the decision paves the way for attorneys to argue that all consumers affected by Blockbuster's participation in Beacon should be able to proceed as a class.

Internet law expert Venkat Balasubramani said Lynn's decision invalidating Blockbuster's user agreement was potentially far-reaching because many Web companies reserve the right to make changes to their terms of service. "It seems broad and could have impact on the terms of service used by a lot of different companies," he said.


I’m fairly sure this has to be appealed as couldn’t this throw a lot of User Agreements out the window? (I know it would affect my agreement at www.LiveBaseballChat.com out the window).

Any thoughts about how this affects your business? Post below.

 

 

 

Regards,

Dean Collins
Cognation Inc
dean@cognation.net
+1-212-203-4357   New York
+61-2-9016-5642   (Sydney in-dial).
+44-20-3129-6001 (London in-dial).