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.
This article is over a month old, voting and posting comments is disabled
RE: I can't wait...
11/15/2007 8:24:40 PM
It's not a matter of who's using more bandwidth; you could be trying to seed a P2P torrent at 100kbit/s and Comcast would whack you, while your neighbor pulling down a 10GB file via HTTP would be unaffected. "Fair" has nothing to do with it.
RE: I can't wait...
11/16/2007 11:07:13 AM
Comcast whacks folks seeding a single file at 100 kb/s?
"Game reviewers fought each other to write the most glowing coverage possible for the powerhouse Sony, MS systems. Reviewers flipped coins to see who would review the Nintendo Wii. The losers got stuck with the job." -- Andy Marken
More ISP Confessions: We Throttle P2P Traffic
November 10, 2007, 1:10 AM
Comcast Screws with File-Sharing Traffic
October 19, 2007, 8:07 PM
150M Android Apps Still Susceptible to Heartbleed
April 24, 2014, 12:48 PM
Amazon Prime Pantry Will Deliver 45 lbs of Groceries to Your Door for $5.99 S&H Fee
April 24, 2014, 10:10 AM
NSA Spying Won't Impact Huawei's Growth
April 23, 2014, 8:24 PM
Amazon, HBO Team up to Bring HBO Content to Prime Members
April 23, 2014, 11:36 AM
U.S. Wants to Reduce Tension Over Internet Net Neutrality
April 22, 2014, 2:07 PM
AT&T Announces Plans to Expand Ultra-Fast Fiber Internet Network to 100 Cities
April 22, 2014, 9:36 AM
Most Popular Articles
A Bug's Life: Female Cave Bugs Have Penises, Penetrate Males for Three Days
April 17, 2014, 7:20 PM
HTC Hires Former Samsung Marketing Chief Who Developed "Galaxy" Brand
April 18, 2014, 6:00 PM
NASA Finds "Habitable Zone" Planet Sized Similar to Earth
April 18, 2014, 3:13 PM
Dotcom Bomb: U.S. Case Against Megaupload is Crumbling
April 22, 2014, 6:00 PM
Thanks to Government Crackdown, Chinese "Porn Cop" Has Watched 600K Adult Videos
April 21, 2014, 12:00 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information