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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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Long live FiOS!
By EricMartello on 11/15/2007 4:56:02 PM , Rating: 3
Ok, I'm a FiOS fanboy and rightly so. I get landline phone, HDTV AND 15mbps internet for about $90 a month. The equivalent from comcast would be $150 a month, and the quality is inferior. Verizon seems to broadcast video on the TV service at a higher bitrate, meaning that SDTV channels look less crappy on a HDTV monitor. The internet service is outstanding...no service dropouts and I really do get the full advertised 15/2 Mbps speeds - no throttling.

What's the point? It's that Comcast is a mediocre company despite its large size and customer base. They love to bait and switch you with their $29.99 for 6 months crap, then jack the prices up yearly and tack on ridiculous fees. Will follow suit with bait-and-switch? I dunno, but at least they give me a REAL DISCOUNT if I agree to use fios internet for a year.




RE: Long live FiOS!
By SpaceRanger on 11/15/2007 5:24:37 PM , Rating: 2
I'm eagerly awaiting for FiOS in my area. I'm paying $75 a month for Comcast Internet Service, and they throttle my FTP uploads to my website CONSTANTLY. It'll start out at a nice 150k per sec., then throttle down to 80k per sec. for the remainder of the transfer. Also affects my transfers to and from work too.

One day, FiOS will be available for me.. And I will be all over it!


RE: Long live FiOS!
By LumbergTech on 11/15/2007 7:11:39 PM , Rating: 2
same here, and i will not stick with comcast just because they up their speeds or actually make it unlimited

they have pissed me off to no end..

i never downloaded more than a few gigs a day and i still got disconnected from their network repeatedly, i notice it quite often..if i download over a gig in a day their piece of crap service will drop me like every hour or so

they wont admit to it but they also wont fix the problem..

fios needs to expand now because im ready for it


RE: Long live FiOS!
By spokompton on 11/16/2007 2:22:51 AM , Rating: 2
I just wanted to touch on this. That "throttling" you are experiencing is called ‘Power Boost.’ It is a boost of speed at the beginning of large download/uploads that recharges at a set time based on your provisioned speed. I have 8 meg and I see large downloads go up to 16+ megs for around the first 20 megs, then a bit later, it goes again. The same is true for uploads, they start around 1.5 meg then averaging around 75K for a while then it jumps again. So there is nothing unusual happening.


RE: Long live FiOS!
By SpaceRanger on 11/16/2007 1:34:18 PM , Rating: 2
Sorry.. No jumping for me. Once it throttles down to 80k, it stays there until the end of the transfer. I've done transferes of over 500MB to my website and each time it slows down and never speeds up again. Even if a different file is then transfered (if queued up).


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