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Wrong on many counts.
You write:
"You can set whatever terms you like. We’re talking about the bigger debate, on the bigger ISPs."
Not true. The rules for which EFF is lobbying, and the legislation it is supporting, would apply to all ISPs regardless of size. Not that size should matter; it is not ethically any better to steal service from a large company than from a small one.
"I’ve challenged you to come up with something — anything — to demonstrate your accusation of criminal activity."
And I've quoted a law which clearly defines the activity that way.
"P2P, as a concept, does not circumvent any congestion controls."
"As a concept," maybe. But every actual P2P program tries to do it. And BitTorrent is among the worst offenders.
Brad, it's bad enough that you're not being truthful. But what's worse is that you have exposed both yourself and EFF as corrupt. EFF claims to espouse online freedom, but you would cut our users off from being online altogether -- the ultimate denial of online freedom -- simply to pad your pockets as a director of BitTorrent, Inc. And EFF is going right along with you. You've blown your credibility AND the credibility of the organization.