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 12:01:58 PM
That is an assumption which you can not back-up. Please post your proof or it is just hearsay.
Everyone is missing the point. A consumer is signing a service contract with Comcast. The specifics of the service contact are layed out in the terms and agreements. These items are available to the cusomer prior to requesting service. The consumer is NOT being misled by the provider (Comcast). The level of service being provided by Comcast is as such:
1. X bandwidth for X dollars.
2. Service Expectations - bandwidth is not guaranteed.
3. Service Reliability - provider has the right to manupulate your traffic as they see fit.
It is cut and dry. I just do not see everyone's point. You are paying 40-60 dollars per month for a 6/8 meg pipe to the Internet. At this price level, service restrictions exist.
If you do not like those restrictions, upgrade to business class service type. Of course, you will pay 500 - 1000 dollars a month for 1.5 megs of bandwidth. You will probably be required to buy 2500 - 5000 dollars worth of equipment. However, you will have a service contract which states the provider is REQUIERED to deliver your traffic to the Internet with NO restrictions. You will even probably get a static IP address. Bonus.
I believe this issue boils down to on issue. Consumers believe the 40-60 per month SHOULD guarantee them unstricted access to the Internet. I am sorry but that is just not the level of service being offered.
RE: I can't wait...
11/16/2007 10:49:02 PM
You're kidding right? That's what prompted all these news articles, independent tests that show it. Do the readings already instead of trying to place the burden on others.
I should clarify that I am using the term throttling to also mean traffic shaping because to me "traffic shaping" is a bullshit term, a sugar coating on reality, it's still throttling when you are being prevented from having full bandwidth paid for regardless of how they try to excuse it.
"Game reviewers fought each other to write the most glowing coverage possible for the powerhouse Sony, MS systems. Reviewers flipped coins to see who would review the Nintendo Wii. The losers got stuck with the job." -- Andy Marken
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
Facebook Will Force Android, iOS Users to Use Messenger App This Week
July 29, 2014, 11:26 AM
Amazon Launches 3D Printing Store
July 28, 2014, 1:00 PM
Google to Announce $1 Billion Twitch Purchase
July 25, 2014, 12:33 PM
Quick Note: European Central Bank Hacked, Personal Information Stolen
July 24, 2014, 5:20 PM
EU Privacy Watchdogs Meet with Google Over "Right to be Forgotten" Requests
July 24, 2014, 12:29 PM
Report: New UK Broadband Users Give Porn Filters the Shaft
July 23, 2014, 11:49 AM
Most Popular Articles
Kindle Fire Phone Review Roundup -- A Solid "Meh"
July 23, 2014, 2:09 PM
Ford Details ’15 F-150’s 325hp, 2.7L EcoBoost V6; Demonstrates 732-lb Weight Loss
July 22, 2014, 6:55 PM
Windows 9 Will Merge Windows, Windows Phone, Windows RT in 2015
July 23, 2014, 3:33 PM
Comcast Memo: Harassing Customers During Retention Calls Actually IS Our Policy
July 22, 2014, 5:19 PM
Sony's Xperia Z3 Gets Detailed in Leaked Photos
July 25, 2014, 2:30 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
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
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information