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 darkpaw on 11/15/2007 10:30:06 PM , Rating: 3
Something does not just become "copyrighted" it must be specifically requested to be copyrighted by the owner/author of the material.

Actually, if IRC from my law class a work of art (anime included) becomes copyrighted the moment it is completed. There is no need to request something is copyrighted.

Sounds like you buy the piracy excuses hook, line, and sinker.

Taking something without permission of the owner is no cool, no matter what country they are from.

RE: I can't wait...
By semo on 11/16/2007 7:58:03 AM , Rating: 2
ok i agree about the ethical part, i'm not even going to pretend to understand the legal issues.

the sites i'm referring to obviously provide torrents for anime that isn't copyrighted outside japan and most of the time it means it isn't in english or in any other language. that's where fansubs come in.

in my eyes, that's appreciation of art because there is someone who dedicates their time to make that art available to a wider audience for no gain and then there is the viewer who would never have experienced that art.

those sites would delete the torrent to anime that is officially released for the international market (but that torrent doesn't disappear though).

remember when art was made for culture and to be appreciated, not for (world dominating) profit.

"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson
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