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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: Long live FiOS!
By spokompton on 11/16/2007 2:22:51 AM , Rating: 2
I just wanted to touch on this. That "throttling" you are experiencing is called ‘Power Boost.’ It is a boost of speed at the beginning of large download/uploads that recharges at a set time based on your provisioned speed. I have 8 meg and I see large downloads go up to 16+ megs for around the first 20 megs, then a bit later, it goes again. The same is true for uploads, they start around 1.5 meg then averaging around 75K for a while then it jumps again. So there is nothing unusual happening.

RE: Long live FiOS!
By SpaceRanger on 11/16/2007 1:34:18 PM , Rating: 2
Sorry.. No jumping for me. Once it throttles down to 80k, it stays there until the end of the transfer. I've done transferes of over 500MB to my website and each time it slows down and never speeds up again. Even if a different file is then transfered (if queued up).

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