Comcast Nailed with P2P Traffic Shaping and Throttling Class Action
November 15, 2007 2:36 PM
comment(s) - last by
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: Let's hope.
11/15/2007 6:32:46 PM
It seems you want to make the point that they can market their service as "unliited" and yet give your crappy, limited services. They could simply just market the truth and you, the guy you are replying to and I could be happy and not feel so cheated. Remember, I was with Cox before I moved and was throttle to a low 10gig/month despite me having their $60 12Mbit/5Mbit service. This was an actual conversation I had with the IT tech guy on the phone when I called in to check. I use it to play games and occasional download larger files...linux builds, etc. Bit torrent...no. Does this seem fair to you?
I don't mind them throttling or limiting the bandwidth if there's a need but don't around boosting and selling what you aren't capable of doing. Of course this is unrealistic as marketing is always full of BS.
RE: Let's hope.
11/16/2007 10:49:12 AM
Yeah, I agree. Unfortunately, I think most folks want throttling completely outlawed and see it as innately evil.
"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates
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