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: 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.
"I want people to see my movies in the best formats possible. For [Paramount] to deny people who have Blu-ray sucks!" -- Movie Director Michael Bay
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
FBI's Facial Recognition Database to Have 52 Million Criminal, Non-Criminal Photos by 2015
April 15, 2014, 2:56 PM
Microsoft's Anti-Google "Scroogled" Campaign May Have Ended
April 15, 2014, 2:44 PM
FAA Requiring All Flights to Have GPS Tracking System by 2020
April 15, 2014, 1:25 PM
Google Updates Terms of Service to Disclose Email Scanning for Targeted Ads
April 15, 2014, 9:29 AM
Netflix Speeds Increase for Comcast Users Following Recent Agreement
April 14, 2014, 8:02 PM
44 Percent of Twitter's Total Users Have Never Sent a Tweet
April 14, 2014, 7:55 AM
Most Popular Articles
Cities to Carpoolers: Sharing Your Car is Illegal, We Will Seize Your Cars
April 4, 2014, 9:17 PM
Taiwan's AOU Claims to Have World's Highest-Res. OLED Smartphone Display
April 11, 2014, 1:44 PM
Navy Prepares for Historic First Live Test of a Rail Gun at Sea in 2016
April 9, 2014, 2:06 PM
It's Very Likely Neanderthals and Humans Had Sex, Produced Offspring
April 10, 2014, 8:40 PM
Cops at Historically Troubled LAPD are Sabotaging Digital Recording Devices
April 9, 2014, 11:10 PM
Latest Blog Posts
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
Global Cyber Espionage Concerns Reveal Growing Cyber Armies
Nov 29, 2013, 11:04 AM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information