If that didn't happen, and the ISPs started profiting off non-net-neutral tactics, it could have been permanently fucked.
Once someone depends on a legal source of income, if that source of income gets banned in the future, they generally get to keep that source of income "grandfathered in" if they take the issue to court.
> Once someone depends on a legal source of income, if that source of income gets banned in the future, they generally get to keep that source of income “grandfathered” forever if they take the issue to court.
That’s… not true.
Otherwise, all the people depending on selling drugs that were later banned would have been grandfathered in when the drugs were prohibited.
Even when there is a regulatory taking (that is, government regulations eliminate the value of existing property in a way that is considered a taking under the 5th amendment), the remedy is compensation for the lost value of the property, not a lifetime exemption from the regulation.
fragsworth|1 year ago
Once someone depends on a legal source of income, if that source of income gets banned in the future, they generally get to keep that source of income "grandfathered in" if they take the issue to court.
dragonwriter|1 year ago
That’s… not true.
Otherwise, all the people depending on selling drugs that were later banned would have been grandfathered in when the drugs were prohibited.
Even when there is a regulatory taking (that is, government regulations eliminate the value of existing property in a way that is considered a taking under the 5th amendment), the remedy is compensation for the lost value of the property, not a lifetime exemption from the regulation.