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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 djkrypplephite on 11/16/2007 9:08:02 AM , Rating: 1
The point here is that they're selling you a hybrid, but you're only really getting 10 mpg. Offering a 12 MBps line is supposed to mean that you're getting a 12 MBps line, and you're not with comcast. That's the point. Not whether or not they have the right to change their traffic, but that they're telling you essentially that you have unlimited access, when they base their predictions on a 'typical home user" focus group that doesn't do shit online, yet they still essentially advertise it the same way.

People are already paying for the service, and they were mislead into believing they would be allowed essentially unlimited use.


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