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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 clovell on 11/16/2007 10:53:42 AM , Rating: 1
When I say shared, I mean as opposed to a DSL or T1 line that has a dedidated amount of bandwidth. I agree that the cable company has a lot of bandwidth in a lot of places - I have 6Meg cable that often bursts to 20Meg and I don't often see saturation on my hub.

All the same, it happens - maybe not to you or me, but to somebody.

RE: Let's hope.
By rcc on 11/16/2007 2:45:40 PM , Rating: 2
I've had DSL and cable (at different times)in many locations, some houses, some large apartment complexes(which should be worst case for cable). To date I have never run into an instance where DSL worked better than cable, despite the sharing "potential" for restriction.

Not saying it doesn't happen, but even where I've seen prime time congestion, cable has still been faster than DSL in my locations.

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