In fact, part of the rules of a fiduciary duty is that you disclose any potential conflicts to the rest of the board, not that they don’t exist. There are conflicts of interest with board members all the time. (For example, routinely board members are also employees and founders who take salaries from the corporation. To solve this the board appoints a compensation committee not including those people.)

Naturally in all my actions as a bittorrent board member I will act in the best interests of the corporation, following my duty to the stockholders. This does not mean I can’t express opinions on policy issues outside this role which are not in line with official opinions, and it certainly doesn’t mean I have to express opinions different from my own — at the most extreme interpretations it might suggest silence at most. If it went beyond opinions to actions, such as the EFF getting involved in legal action against bittorrent, then it’s very probable I would have to pick a side and resign the other.

However, again, this is beside the point. I again recommend you focus on facts and arguments, not personalities. You can quote nice latin phrases, but they don’t change how nonproductive that turns out to be, especially online.

So get to the meat of the matter. You have pointed out that sometimes there are small ISPs who pay high prices for their connectivity to the cloud, higher than people who buy servers at more central peering points, and I agree that can happen. And indeed, sometimes those ISPs don’t charge their customers enough to cover it when a customer makes heavy use of that bandwidth, and this can be bad for the ISP.

However, many ISPs, and thus indirectly most ISP customers, peer at as good or better rates than typical hosting companies. Does it make sense to now allow important new technologies there, where it’s a win? How much should we protect so that those ISPs who pay a lot for peering and don’t want to charge their heavy users appropriately can do so?

Also, what is it that makes you want to defend yourself “against the EFF.” What has the EFF actually done to threaten you? You’ve explained your dislike of P2P and Bittorrent, what did the EFF do?