Comcast Nailed with P2P Traffic Shaping and Throttling Class Action
November 15, 2007 2:36 PM
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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: I can't wait...
11/16/2007 7:58:03 AM
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.
"This week I got an iPhone. This weekend I got four chargers so I can keep it charged everywhere I go and a land line so I can actually make phone calls." -- Facebook CEO Mark Zuckerberg
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