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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.
By goku on 11/15/2007 11:30:09 PM , Rating: 3
yeah, it's called being "oversold". If comcast can't provide the bandwidth, maybe they shouldn't be selling the lines with that much bandwidth in the first place. If comcast can't handle a neighborhood with 50 people on 8Mb+ each concurrently then maybe they should either upgrade their network or simply not guarantee 8Mb+ and guarantee what ever they can per person. Overselling your lines is plain old stupid when it comes to internet access and comcast nor any other ISP should be doing this.

RE: Let's hope.
By techyguy on 11/16/2007 3:44:24 AM , Rating: 2
Comcast overselling bandwidth? While some people might have slow connections. Where I live Comcast advertises speeds of up to 1.5 MBs. I have actually gotten up to 2 MBs a few times. When the Crysis Demo came out, the main link enabled 800 KB to 1.1 MB download speed.

On probably 5 things I have ever downloaded by torrent. I have gotten 50 - 350 KBs, on the torrent alone. It is really no big deal for me. I just let it run in the background while doing other things.

I know people that leave on their computer 24/7, constantly downloading torrents using Comcast service. It doesn't matter if those people have all the speed in the world. They are never satisfied and have lists of hundreds of albums/movies/games waiting to be downloaded.

I am glad that Comcast lowers torrent speed. I'v seen people bash in their computers, because it is too slow. Do we really need more temporaraly insane people in this world?

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