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Prove it somehow
No, I don’t think you want to charge a customer, and listen, we get that your ISP is different and sets different terms. You can set whatever terms you like. We’re talking about the bigger debate, on the bigger ISPs. I’ve challenged you to come up with something — anything — to demonstrate your accusation of criminal activity. If it weren’t for the fact that you can always find a lawyer who will take your side, I would be amazed if you could even find any lawyer with serious grounding in this area of the law to agree with your claim.
So again, put up or shut up. You tell us what sort of test — other than your highly unusual and unfounded in caselaw interpretations of some rules — could demonstrate that there’s even a shred of truth to your claim of criminal activity here.
Anything. Cite us a case.
P2P, as a concept, does not circumvent any congestion controls. What are you referring to here? What does P2P do worse than any other downloader, especially the common downloaders people use with their web browsers that simultaneously open several sockets to the source fetching different parts of the file? Or are they criminals too?