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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 InsaneGain on 11/16/2007 12:35:37 PM , Rating: 2
I pay for a premium cable internet connection with a 10 mbps down and 1 mbps up rate, and every single evening at about 8:00 pm, my latency to the local router goes from about 8 ms to 80 ms, and stays that way until 12:00 am. So if I connect to any game servers, that 80 ms adds to all the other latencies in between and gives me pings of about 120-140 ms. Obviously this is due to a saturated local router. I called my provider about it and they sent a tech guy to make sure my modem was working properly, and that is all they are going to do about it. They said that my download bandwidth is within an acceptable range.


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