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: Let's hope.
11/15/2007 8:34:13 PM
I wrote that I'm NOT a Comcast customer and guess what? No throttling and here is a post I made!
You write about cable broadband being shared bandwidth but guess what? So is the entire internet, the cable company has more internal available bandwidth that most legs you remotely connect to! The cable company is usually not the bottleneck, unless they actively try to be.
RE: Let's hope.
11/16/2007 10:53:42 AM
When I say shared, I mean as opposed to a DSL or T1 line that has a dedidated amount of bandwidth. I agree that the cable company has a lot of bandwidth in a lot of places - I have 6Meg cable that often bursts to 20Meg and I don't often see saturation on my hub.
All the same, it happens - maybe not to you or me, but to somebody.
RE: Let's hope.
11/16/2007 2:45:40 PM
I've had DSL and cable (at different times)in many locations, some houses, some large apartment complexes(which should be worst case for cable). To date I have never run into an instance where DSL worked better than cable, despite the sharing "potential" for restriction.
Not saying it doesn't happen, but even where I've seen prime time congestion, cable has still been faster than DSL in my locations.
"A lot of people pay zero for the cellphone ... That's what it's worth." -- Apple Chief Operating Officer Timothy Cook
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
Tech's Biggest Loser on Tax Day: eBay Pays Nearly 99 Percent Tax Rate
April 15, 2015, 3:28 PM
Death and Dragons -- Report Claims Game of Thrones Hit by Piracy "Tidal Wave"
April 10, 2015, 8:37 AM
Court Blocks Twitter and YouTube in Turkey After Pro-Communist Attack in Istanbul
April 6, 2015, 10:53 AM
In Graphics and Quotes: $10.4 Billion Charter & Bright House Merger
April 2, 2015, 5:19 PM
WSJ Report Implies That Google Leveraged Lobbying to Kill Antitrust Abuse Probe
March 25, 2015, 5:37 PM
Nationalist Hackers From Turkey Cause Chaos, Deface Dozens of Sites
March 16, 2015, 12:29 PM
Most Popular Articles
Raytheon $1.9 Billion Purchase of Websense Raises Tough Questions
April 20, 2015, 1:57 PM
HBO to VPN HBO Now Users: Prove You Live in U.S. or We Will Terminate You
April 21, 2015, 12:17 PM
AMD CEO: Windows 10 Will Launch at "The End of July"
April 20, 2015, 7:24 PM
Quick Note: Lady Macbath -- One Japanese Woman's Apple Themed Revenge
April 23, 2015, 11:47 AM
After Record-Setting Week, Samsung Predicts 70 Million GS6/GS6 Edge Sales
April 17, 2015, 8:39 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information