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Print 120 comment(s) - last by FoSTeX.. on Nov 18 at 3:24 AM

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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RE: I can't wait...
By Symmetriad on 11/15/2007 5:11:20 PM , Rating: 2
I wouldn't mind if Comcast set a (reasonable and generous) bandwidth allowance per use, where you're throttled if you go above [X]GB per day - hell, most colleges do that already. The issue is that Comcast is basically saying, "Hey look, we have awesome internet service with unlimited bandwidth*!

*Unless you do that.
**Or that.
***Or that."

Which is a matter of false advertising and misleading claims. Things like bandwidth usage and limits need to be put in bold and prominently displayed in the TOS, not buried seventeen paragraphs deep and expressed in inscrutable lawyer-speak typed in five-point font. Whether P2P services are being used for illegal purposes is irrelevant in this case.


RE: I can't wait...
By Souka on 11/15/07, Rating: -1
RE: I can't wait...
By clovell on 11/15/2007 5:25:57 PM , Rating: 1
Over P2P?


RE: I can't wait...
By Souka on 11/15/07, Rating: -1
RE: I can't wait...
By clovell on 11/16/07, Rating: 0
"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan

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