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Comcast's recent practices of throttling P2P traffic has finally attracted a class action lawsuit from a frustrated customer

Comcast's bandwidth limitting and peer-to-peer traffic sabatoging traffic finally caught up with the company. A class-action lawsuit has been filed (PDF) by residents in the state of California against Comcast.

Jon Hart, the plaintiff, claims Comcast Corporation committed a breach of contract by violating Covenant of Good Faith and Fair Dealing, the Business and Professions Code section 17200 and 17500 and the Consumer Legal Remedies Act by practicing the management of P2P-based traffic including throttling bandwidth and "transmitting unauthorized hidden messages to the computers of customers who utilize such applications."

The class-action includes "all persons in California who purchased the Service [Comcast broadband Internet] between November 13, 2003 and the present and used or attempted to use peer-to-peer or online file sharing applications and/or Lotus Notes."

The plaintiff represents all persons who have used P2P and file sharing applications, but there is no mention of exceptions where copyright infringement/piracy is involved.

Hart's submission seeks contract damages for compensation of the impeded service, but does not specify an amount.

Recently, many other ISPs such as Canadian-based Bell Sympatico confessed to using traffic management to restrict access to accounts based on the type of application or protocols they are using.  However, Comcast is still the first company to get hit with a lawsuit for such practices.


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They need to add these clowns
By Mitch101 on 11/15/2007 4:13:39 PM , Rating: 3
Add Time Warner and Road Runner to that list of companies that are limiting bandwidth.




RE: They need to add these clowns
By UNCjigga on 11/15/2007 4:20:34 PM , Rating: 2
If by "limiting bandwidth" you mean "offering sh1tty service" then yes.


RE: They need to add these clowns
By The0ne on 11/15/2007 6:24:10 PM , Rating: 2
You can say that again...Time Warner ><! Lame cable and internet service all around. Their new HD cable box is so buggy I don't even want to bother bringing the issues up with them. Internet is intermittent, slow and drops around midnight...for me that is. Torrent is all but useless most of the time and you literally have to reset your modem/router after bit torrent activities. I cannot surf, cannot do anything that requires internet connection if bit torrents has been running for a bit. The only that has internet access is the bit torrent itself. Very strange.


RE: They need to add these clowns
By bdewong on 11/15/2007 4:52:17 PM , Rating: 2
I mentioned this before, but it seems around the time the first article about bandwidth throttling came out, Oceanic (Time Warner) STOPPED throttling my P2P bandwidth.

I thought it was strange.


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