Okay I've had family about for the weekend and haven't gotten a proper chance until now to put together something that borders on being coherent.
MWeb appears to have issued a letter to customers using more than 100 gigs of data in a 30 day rolling period accusing said customers of overusing their uncapped product offering. I have checked to see whether MWeb deny this and no such denial is forthcoming - instead all that is repeated is an inability to give parameters at all. Instead we have had a few voices who I assume to be related, either by way of a business or romantic interest, in the success of Naspers (I doubt actual MWeb employees are defending the moves because lets face it they are unlikely to actually support a course of action that could hurt the arm of Naspers where they are working and thereby place their jobs at risk) spouting the standard bull**** (see Frankfurt) in favour of abusive business practices with the particular mantra of "businesses have to screw over some customers to make it better for all other customers"
having a thread dedicated to it - an argument that trips over at the first appearance of logic (if a business is willing and able to abuse one customer why will they protect another - profit is the driving ethic) and some general misunderstanding about what an AUP is. This letter has not been sent (by any account) to customers on cheap products with a recommendation that they upgrade to a better suited product. I have previously defended ISPs wanting to move customers from lower priced products to products better suited to their usage - I have particularly taken issue with customers ranting that they are unable to accomplish business use on a non-business product - but if you are a household on a product that is has "premium" you can't exactly upgrade much further.
ALL packet switched networks on the Internet have AUPs in play and there is no distinction between transit networks and consumer ISPs with respect to the purpose of an AUP which is to set what parameters of operation apply on that particular network. Traffic sent over the Internet traverses over multiple networks with their own AUPs and ISPs are subject to each others AUP when they transit. AUPs are usually written to give the provider enough discretion to efficiently manage their services but not enough discretion to make them responsible for things they don't want to be responsible for - AUPs make it unacceptable use to infringe on intellectual property rights as determined by law while not specifically making it unacceptable use to "pir@te warez". ISPs have further practices which are designed to manage the network in order to achieve a "fair usage" among customers and to improve the user experience, deliberate efforts to circumvent network management very often contravenes the AUP and moreover is against good practice as it is harmful to the various networks that make up the Internet. One general exception that I think causes a lot of questions is VPN usage because a VPN can be used to circumvent shaping; however if a home product explicitly excludes VPN usage then customers have a choice.
I very strongly take the view that unless conduct is in proper contravention of the AUP and causes harm to the network it cannot be called abuse. The very essence of an uncapped product is that there is no cap which exceeding would constitute abuse. A product which has a threshold at which some form of network management kicks in should either not be marketed as uncapped or should explicitly state what the cap is - a good option is to call such a product a soft capped product (this term can also be used to refer to the basic bundle on a metered product where a per gig charge is imposed above the "soft cap", as well as to caps imposed by users on a metered product -- the OOBShark is a problem because MNOs do not allow users to "soft cap" their data offering). Any person who claims that users are "abusing" their paid for internet product on the basis of the amount of data they transfer should be put on trial for gross stupidity, similarly while flagrant disregard for intellectual property rights may result in abuse - the machine that uploads an unreleased copy of a movie that was stolen from the studio is likely to cause as ISP to receive and abuse complaint from the indisputable owner of the property, and hosting a web site of an index of torrents with the explicit declaration of encouraging persons to "pirate" - as a rule the enforcement of IP is not an ISPs job (afterall they are not IPSPs or IPPs [Intellectual Property Police]). Transmitting child pornography is pretty universally abuse as is sending spam and malicious software of whatever shape or form. Downloading more than some arbitrary "fair" amount over X period of time simply cannot do any harm to the network especially if the network is properly managed. The Internet is all about innovation and finding a use beyond existing implementations of available resources: Households should be seeing the amount of data consumed growing all the time, it is only an insatiable demand that drives the innovation which is the lifeblood of the ICT economy. MWeb is taking a hundred steps backwards. Interestingly there were people who claimed that the uncapped offerings by MWeb were unsustainable and would kill small ISPs only to see MWeb kill off uncapped once the market place had fewer players but that clearly hasn't happened. The introduction of proper and well placed uncapped in SA was a brave move that depended on a forward vision and banking on the reduction of costs following SEACOM landing etc ... The reality now is that it is perfectly viable for an ISP with a proper customer mix (which MWeb really has) to offer uncapped consumer products at R200 per Mb/s over and above line rental even if no further cost reductions are built into the equation and there are wholesale reductions on their way because of the Telkom Comp Comm settlement. 2 years ago there was a lot of pressure for smaller ISPs when dealing with customer mix and I remember Afrihost at one stage migrated some heavy use customers to an IS uncapped system and if MWeb is experiencing a problem of scale where they cannot expand their capacity in a small increment and are seeing an increase in demand by outsourcing part of the problem even if those customers are a dead loss MWeb retains high revenue customers rather than what they are now accomplishing. More importantly the environment has changed over the last two years with IPConnect costs going down, WACs etc ... coming online and a heck of a lot of higher usage customers actually reducing their monthly haul whilst lower usage customers are increasing their haul (the 5% use 95% proposition is shifting continuously). MWeb's network should have a lot more capacity now than 3 years ago and looking at the ADSL figures from Telkom the growth in ADSL users is not enough to explain a clear decline in quality over recent months on MWeb so either MWeb is: (a) not managing their network properly - not being prepared to pay for quality network administrators and software; (b) not increasing their network capacity at all and absorbing the savings as profits; (c) dependent on exchange congestion for their network not to reach its capacity - essentially as Telkom builds capacity in the last mile MWeb's capacity constraint becomes clearer; (d) MWeb's is wanting surplus backhaul capacity for alternate last mile plans (WiMax, LTE, "NakedDSL") and may actually reduce their IPConnect capacity; (e) a combination of the above. My suspicion is that (a) strongly applies, (b) applies; (c) weakly applies but it is (d) mostly - the improvements of Telkom's DSL structures and the particular threat to Naspers posed by the MSANs with VDSL provisioning means that Naspers is going to want to focus on non-Telkom final delivery and that they have been looking for a long time to ways to move in that direction.
-- Part 1 of 2