Freelance Propaganda

Could Time Warner block my rugby?

We had a session at IST this past week on the End-to-end principle in networking. Basically this says that the network should be stupid and just convey bits.

I wanted to make an argument in the session about the importance of the end2end principle for ISPs. Basically I was arguing that cable ISPs shouldn’t be allowed to inspect the traffic on their networks to track whether “their intellectual property” was being transmitted without their permission. I argued that this was a violation of the e2e principle, but that, of course is not enough and the faculty strongly pointed this out.

Now sitting here watching Fiji vs Scotland at the rugby world cup I realize that I was making the wrong argument. Here I am using the Time Warner cable connection to watch the Rugby via streaming Real Media, direct from the RWC site itself.

Now this Time Warner being my ISP is the same Time Warner that would like to sell me the Rugby via their Fox World Sports channel. Fox World Sports bought the re-transmission rights from Sentana, some random satellite blokes and are showing the games some 3 days delayed. I’d need to pay upwards of $50 to get that channel via cable TV.

But instead I’m able to use the cable internet provided by Time Warner to buy a much cheaper pacakge of access to the Rugby.

The thing is, though, as cable providers are not “common carriers” I can’t think of a regulation that would prevent Time Warner from interfering with the Real stream, either by deprioritizing it or blocking it completely. Now there might be an outcry if they did this, but as they are the only operator offering broadband to my house, I wouldn’t have a choice to move to another provider.

Now they don’t do this, but could. Which would not only be a violation of the e2e principle but also a classic restraint of trade. But I can’t think of the law that would stop them from doing it.

Which brings me back to the cable company inspecting the cable for its other “intellectual property” in traded TV recordings. Now Time Warner doesn’t make these programs but buys them from the creators because, frankly, they are the monopoly pipe to the home. Compare this with the internet where the creators can sell more directly to the customers.

So will cable companies begin to block competing streaming broadcasts to maintain their role as the monopoly pipe to the house for visual media? What’s to stop them?

(Incidently Scotland is looking shakey against the dynamic Fijians!)