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Some counterexamples:

- TCP is a spec delivered by a software implementation program. Maybe you disagree that TCP is being "deployed" as opposed to "used"?

- What about peer-to-peer hosted webpages? Certainly this is deployed software served over the internet connection?

The devil is in the details... details which are not specified in the order. It wouldn't be hard to imagine a lawyer arguing the finer details of "deployed" and "software" and falling on a definition which results in a less "open" Internet.

Also, I think of the meaning of "that is not predefined" is not at all clear. Predefined at what point in time?

IANAL.




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