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From: Zen Cycle <funkmaster@hotmail.com>
Newsgroups: rec.bicycles.tech
Subject: Re: Google Groups
Date: Wed, 10 Jul 2024 13:30:59 -0400
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> On Wed, 10 Jul 2024 15:19:46 GMT, Tom Kunich <cyclintom@yahoo.com>
> wrote:
> 
>> Here in California AT&T doesn't allow Eternal September.

There is a grain of truth here, but tommy - as usual - doesn't get it.

 From https://www.eternal-september.org/

"As AT&T's fancy blacklist rejects mails from Eternal-September.org 
(again), the following mail domains can not be used for registration as 
we will not be able to send you your access data:

att.net
ameritech.net
bellsouth.net
pacbell.net
prodigy.net
sbcglobal.net
snet.net
"

It's AT&T email servers that blacklist ES, not AT&T in general.
Tommy is using Yahoo as his email client. Yahoo is majority owned by 
Apollo Global Management with a minority stake held by Verizon. IOW - 
AT&Ts blacklist has no effect on a Yahoo address event if AT&T is his ISP.

Tommy would be able to register with ES.org using his Yahoo address, the 
problem is he can't figure out how to do it.

>> This forces you to use commercial services.

Other usenet services are private for-profit. They are all "commercial".
ES is a private non-profit _commercial_ service as defined by the SCOTUS 
in a case called Tony and Susan Alamo Foundation v. Secretary of Labor 
(1985) 471 U.S. 290, where a commercial service is determined by a test 
of three questions:

1. Do the activities of the nonprofit serve the general public?
2. Does the nonprofit competes with other commercial enterprises?
3. Does the nonprofit derives an unfair advantage over others because it 
does not have to comply with Wage & Hour Laws?

from 
https://www.camft.org/Resources/Legal-Articles/Chronological-Article-List/are-nonprofits-commercial-enterprises
(written by the legal staff at California Association of Marriage and 
Family Therapists)

"in general, if a non-profit draws consumers from wide swaths of 
society, and such consumers pay for services, especially when some 
practitioners at the nonprofit charge full fees for some of the work 
they do, it would likely be difficult for the nonprofit to deny that it 
was a “commercial enterprise.” On some level, it was competing with 
other “commercial enterprises,” meaning private practices, professional 
corporations, or even possibly other nonprofits in the area. "

Very clearly, ES.org qualifies as a commercial service