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.

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

RE: I can't wait...
By Grast on 11/15/2007 6:36:04 PM , Rating: 2
What illegal activity. Read your terms and use agreement. Speed is not guaranteed. In addtion, read every terms and agreements from every Internet vendor. They all state that speeds are NOT guaranteed and that degrading another users service is violation of the service contract.

Comcast is in their rights to throttle and manuplate traffic on their network. Every Comcast user has already agreeded to this action whether they bothered to read the terms or not.

Please see below for proof.

You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of Comcast) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Comcast's ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

Note: Comcast reserves the right to immediately terminate the Service and the Subscriber Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the Comcast Equipment or Service in a way which is contrary to any Comcast policies or any of Comcast's suppliers' policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.

Subject to applicable law, we have the right to change our Services, Comcast Equipment and rates or charges, at any time with or without notice. We also may rearrange, delete, add to or otherwise change programming or features or offerings contained in the Services, including but not limited to, content, functionality, hours of availability, customer equipment requirements, speed and upstream and downstream rate limitations. If we do give you notice, it may be provided on your monthly bill, as a bill insert, in a newspaper or other communication permitted under applicable law. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s). We are not liable for failure to deliver any programming, services, features or offerings except as provided in Section 11e.

Bandwidth, Data Storage and Other limitations Use of the Comcast network infrastructure in a manner that (i) exceeds the then current bandwidth, data storage or other limitations on the Comcast High-Speed Internet service or (ii) puts an excessive burden on the limitations of the network. Examples include: Using the Comcast network to run a Web-hosting server or any other commercial enterprise.

End of law suit.

RE: I can't wait...
By hellokeith on 11/15/2007 7:15:55 PM , Rating: 2

Don't let the facts get in the way of a good story. ;)

RE: I can't wait...
By opterondo on 11/15/2007 8:31:16 PM , Rating: 2
The Comcast terms and use agreement is not law. Your logic fails-

From your own post "4. CHANGES TO SERVICES
Subject to applicable law, .."

From article ".. 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 .."

RE: I can't wait...
By teckytech9 on 11/15/2007 11:29:46 PM , Rating: 3
Comcast has no right in instantiating, impersonating, masquerading any user on its network, by injecting TCP reset packets on its behalf for traffic shaping purposes. This is akin to giving a telephone user a false busy signal, when in actuality, the phone is on-hook and working just fine. The phone network PSTN is a public utility and so is the Internet.

Comcast knows that p2p is a real threat to their cable delivery channel business model and is trying to limit its usage and acceptance under the guise of traffic shaping techniques to hamper p2p’s superior file sharing capabilities.

Lets say that content could be delivered more efficiently via p2p than FTP server methods. Also the large influx of new ipTV companies are now flourishing on the net. This means that more bandwidth usage will occur, regardless of which way the traffic flows. Comcast needs to increase their bandwidth capacity or else risk losing the majority of their subscribers to its competitors.

RE: I can't wait...
By Grast on 11/16/2007 12:24:51 PM , Rating: 2
the Internet is NOT a public utility. The phone companies have this status due to public safety issues. As too your assersion of impersonating and masquerading, that is very subjective. Who owns your identity on the internet from the network stacks point of view. Who owns the IP address which end computer is using. Is that IP address even consider real since every moden network use NAT to more efficiently use a providers allocated IP subnet. The awnser is Comcast.

Since the Internet is NOT a public utility, your example of a busy signal is illrelavent.

As to how Comcast manages their bandwidth, that is function of profitability for the Comcast and out of scope for this discussion. Comcast has already disclosed to the consumer their abilty and right to manage their network as they see fit.


RE: I can't wait...
By teckytech9 on 11/16/2007 2:05:17 PM , Rating: 2
As too your assertion of impersonating and masquerading, that is very subjective.

Subjective to lawful interpretation, hence the validity of the Class Action Suit brought forward.

Since the Internet is NOT a public utility, your example of a busy signal is irrelevant.

True, since it is not subject to State/Federal regulation and oversight. However, since VoIP requires 911 services to be fully operational, public safety is riding on the net. The example outlines in simple terms how Comcast is using forgery and spoofing techniques in their traffic shaping methodologies.

Customers pay their ISP to transport and receive their data based on the advertised data rates. If the ISP cannot deliver these rates, then it is the duty of the ISP to inform their customer in writing of their failure to do so. The ISP is also responsible to provide a refund on services that have been paid for, but cannot be delivered. Comcast may be synonymous with Concast.

RE: I can't wait...
By Cattman on 11/16/2007 1:12:08 AM , Rating: 2
Saying that a user agreement is the end of the law suit is just plain simple. You can write anything in a contract and get someone to sign it and it doesnt mean squat if a court decides otherwise. If the plaintiff can prove that his or in fact anyones bandwidth was artificially restricted even when not at peak times and was not placing a large burden on the network I'd say they have a good shot a wining. I also feel that while speed might not be guaranteed the implication is that bandwidth is determined by network traffic and conditions not what application you are using. If you are not degrading service or placing a overly large burden on the network how will they justify not giving you the bandwidth you paid for? because you use bit torrent? or Lotus Notes? Sorry but this is not the end of law suit... not even close.

RE: I can't wait...
By Grast on 11/16/2007 12:15:51 PM , Rating: 2

I disagree, the plaintiff's point of view regarding whether the network was burdon or not does not apply. Even a liberal judge has to agree that all service expectation were given to the plaintiff prior to service being provided. As such, the plaintiff has already agreed that is within Comcast's right to make decisions about it network and actions to correct.

Maybe I am nieve enought to believe the courts will see this lawsuit for what it is. A few customers upset with the level of service being delivered and agreed too by both parties and dismiss as such.

Additionally, since the service contract with Comcast is at will. The plantiff will suffer no harm by severing their relationship with Comcast and moving to a provider which meets their needs.


"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein
Related Articles

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki