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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 Christopher1 on 11/15/2007 6:20:41 PM , Rating: 2
Wrong. I uploaded 10GB of the latest Naruto Shippuuden episode (which was only 170MB), so there are legitimate uses for Bittorrent and p2p.


RE: I can't wait...
By Hacp on 11/15/2007 6:51:24 PM , Rating: 2
I use p2p for anime exclusively too, and I hate to break it to you but its not legit. The good thing is that no one is going to sue you. I never really got into downloading music or movies because I didn't have broadband until 2002-2003 and thats when the RIAA started suing people.


RE: I can't wait...
By opterondo on 11/15/07, Rating: 0
RE: I can't wait...
By borowki on 11/15/2007 9:44:38 PM , Rating: 4
Like most P2P pirates, you're deluding yourself thinking the law is on your side.

Article 5 of the Berne Convention reads:

quote:

(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin , the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

(2) The enjoyment and the exercise of these rights shall not be subject to any formality ; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.


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