routing around Sprint's depeering damage

Well, selling you an "unlimited" account and them terminating that
contract if you use "to much" is one thing, that is a stated lack of
a limit in your contract.

There is no delivery guarantee of your IP packets in your contract,
adding one would be a rather bad idea since there is no delivery
guarantee in IP that your service is based on and that would open a
carrier to liabilities if someone was using a firewall for instance
since that is effectivly limiting your delivery to that machine.

What you are buying is access to Sprints network, and transit
effectivly on Sprints view of the Internet, and that is what they
deliver really..

Based on that logic, it sounds like a fine time for me to get into the
wireless market. I can save a ton of money by getting a 56k dialup line
to $9.95/mo-company as an upstream connection, and just saying that I
don't guarantee delivery of packets, and if my upstream service gets
terminated for some reason, hey, my view of the Internet is pretty small.

Come on. Really, an ISP has to make a reasonable effort to be able to
reach other arbitrary destinations on the Internet. That they might not
be able to promise access to obscure networks in the farthest portions
of China on the end of two tin cans and a string is obvious. But when
they can't get traffic across the street because they're actively
buggering routes from an AS, well, that's different.

... JG

Nice interpretation of my statement..

A reasonable effort and a contractual guarantee are two different things, a reasonable effort could be defined as economicly feasable for instance.

My point was that in Cogents case this is really a force majeure situation and in Sprints case unless you have a contract that defines an SLA with delivery to "the entire Internet" or something similar you do not really have case to break your contract or sue due to the de-peering as a breach of contract from Sprints side..