IWnet forces most MW2 players to violate their ISP´s TOS & AUP

Still remember that post I recently made regarding using IWNet in combination with ISP bandwidth limitations, which could potentially lead into unexpected high bills as a result of being MW2's game host  ? The forum post below, posted originally by forum user 'Waterlogged1' at the official IW forums, is kinda related to it.

As you can read below, the story covers the problem that, due to the fact game 'sessions' are 'hosted' on a player's computer, IW/Activision is causing the vast majority of MW2 players in the USA, along with a large portion of MW2 players outside of the USA, to violate the Terms of Service and/or Acceptable Use Policy of their Internet Service Provider.
According to Waterlogged1, IWnet is in direct conflict with most ISP's policies regarding the hosting of a game server or similar services from a residential Internet connection.

Bullshit or serious talk ? Read the full article below !

To Infinity Ward / Activision:
I hope that you realize that by forcibly implimenting IWNET 'peer-hosted servers' in MW2, you are causing the vast majority of MW2 players in the USA, along with a large portion of MW2 players outside of the USA; to violate the Terms of Service and/or Acceptable Use Policy of thier Internet Service Provider? Your new multiplayer system "IWNET" is in direct conflict with most ISP's policies regarding the hosting of a game server or similar services from a residential Internet connection.

On one level, this apparently short-sighted decision seems to be an unscrupulous move by what many in the past have considered to be a good corporate citizen and great developer. By unceremoniously removing the option of dedicated (3rd party) servers you have also removed the ability for most consumers to legally play the multi-player version of this game.

On another level, by forcing IWNETs' use to play this Internationally marketed 'Multi-player' game, Infinity Ward & Activision have opened a pandoras box of legal and finacial ramifications that could be suffocating. All it would take is the tiniest bit of momentum in the right direction from some disenfranchised players, or a motivated class action litigation specialist.

By all means, don't take my opinion for it, instead I suggest you review the Terms of Service and/or Acceptable Use Policies from some principal ISPs. For grins and giggles, I have included below copies of the relevant portions of the documents and links to the originals for the top 5 national ISP's in the USA (these policies actually apply to over 14 ISPs in the USA, because of subdivisions and regional sister companies, etc...). It would be interesting to note that just the 5 companies sampled below are easily behind 2/3rd of the MW2 players in the USA. I would hypothisize that many global ISPs have similar exclusions in thier TOS and/or AUP.

I am curious how many millions of consumers have been led down the path of Contract Violation with thier ISP because of playing MW2 multiplayer? This will likely prove to be an interesting study in case law in a few years.

Verizon Internet Access Terms of Service
http://www.verizon.net/central/vzc.port ... ies&id=TOS
This Agreement is between you as our Subscriber and Verizon Online LLC (or its affiliates listed in Section 16 ("Verizon" or "Verizon Online")) and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
2. DEFINITIONS AND CHANGES TO SERVICE.
1. "Broadband Services" means Verizon's FiOS or DSL-based Internet services (whichever applies). Verizon's DSL-based Internet service is also known as "High Speed Internet" ("HSI").
5. "Service" means all Verizon dial-up, Broadband Service and Wi-Fi wireless Internet access services (where applicable), ...
4. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.
3. Restrictions on Use. The Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Verizon-issued IP address. You also may not exceed the bandwidth usage limitations that Verizon may establish from time to time for the Service, or use the Service to host any type of server. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.
V-9.6 Effective November 30, 2009
________________________________________
Comcast Agreement For Residential Services
http://www.comcast.net/terms/subscriber/
About This Agreement, Our Services, And Your Rights
For purposes of this Agreement, "affiliate" means any entity that controls, is controlled by or is under common control with Comcast Corporation. Services may include, but are not limited to, cable television service ("Video"), Comcast High-Speed Internet service ("HSI"), and Comcast Digital Voice Service ("CDV") (each a "Service" and collectively the "Services").
General Terms And Conditions
7. Use Of Services
You agree that the Services and the Comcast Equipment will be used only by you and the members of your immediate household living with you at the same address and only for personal, residential, non-commercial purposes, unless otherwise specifically authorized by us in writing. You will not use the Comcast Equipment at any time at an address other than the Premises without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Services in whole or in part. You will not use or permit another to use the Comcast Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Comcast policy applicable to the Services. Use of the Comcast Equipment or Services for transmission, communications or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited.

LEG Rev. 4/07
http://www.comcast.net/terms/use/
COMCAST ACCEPTABLE USE POLICY FOR HIGH-SPEED INTERNET SERVICES
I. Prohibited Uses and Activities
What uses and activities does Comcast prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Comcast Equipment, either individually or in combination with one another, to:
Technical restrictions
• use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
IV. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
Comcast reserves the right immediately to suspend or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement.
Revised and effective: January 1, 2009
________________________________________
Bright House Networks / RoadRunner / Insight / TimeWarner Cable
http://help.twcable.com/html/twc_sub_agreement.html
TIME WARNER CABLE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT
In consideration of TWC’s provision of the Services that I have requested, subject to applicable law, I AGREE AS FOLLOWS:
4. Use of Services; TWC Equipment and Software
(b) I agree that the Services I have requested are residential Services, offered for reasonable personal, non-commercial use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:
(iii) If I receive HSD Service, I agree not to use the HSD Service for operation as an Internet service provider, for the hosting of websites (other than as expressly permitted as part of the HSD Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location identified in the Work Order to use my Services, whether or not a fee is sought, will constitute an enterprise purpose.
(f) I agree that I will use the Services for lawful purposes only, and in accordance with this Agreement, the Terms of Use and the Tariff(s).
________________________________________
COX Cable
http://ww2.cox.com/aboutus/centralflori ... es.cox#acu
Cox Communications Policies
Acceptable Use Policy
Introduction
Updated 9/27/06
5. Servers. You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service, unless expressly authorized by Cox.
________________________________________
ATT UVerse / ATT / BellSouth / Yahoo / SBC / SBCGlobal
http://www.corp.att.com/aup/
Effective Date: October 15, 2008
AT&T Acceptable Use Policy
Scope of the AUP
The AUP applies to the AT&T services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively "IP Services").
Security Violations
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of AT&T's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
• …using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
________________________________________
Charter Cable
http://www.charter.com/Visitors/Policies.aspx?Policy=6
Acceptable Use Policy – Residential Customers
1. USE
…Customer may set up one (1) web page per service account for personal use of the Service, but Customer may not establish a web page using a server located at Customer’s home. Customer will not use, or allow others to use, Customer’s home computer as a web server, FTP server, file server or game server or to run any other server applications or to provide network or host services to others via Charter’s network.
Acceptable Use Policy, Effective February 2009.
Version 9.1

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Any legal eagles out there looking to put their name in case-law?

In my opinion, the article Waterlogged1' wrote, is a bit over the top, since a lot of console games have been doing this ever since they were released. The complete console multiplayer gaming is based on this principle !

ISPs don't really care about these small, short-term temporary game servers. Those TOSs & AUPs are just there to prevent people from hosting servers that transfer a few gigs of data every day... if you're connection could handle that of course.

Anyhow, at the end of the day, this guy is right.

Original forum post URL: http://www.infinityward.com/forum/viewtopic.php?f=24&t=200842