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Comcast tries to dodge fraud issue in P2P throttling lawsuit

Written by Rich Fiscus (Google+) @ 09 Jul 2008 15:59 User comments (9)

Comcast tries to dodge fraud issue in P2P throttling lawsuit Since last year's revelation that Comcast was indeed throttling BitTorrent traffic from customers of their broadband internet service it brought them to the attention of the FCC, where they're already vigorously defending themselves. They've cited a lack of specific rules outlawing their "network management" techniques as proof they've done nothing wrong. They're also being sued in California, where a judge has granted them a stay, pending the FCC's decision.
The California lawsuit does make claims of illegal interference with network traffic, but it also alleges false advertising. The plaintiffs claim that Comcast is advertising more than they're actually delivering when it comes to high speed internet service. The judge has indicated that only the FCC has jurisdiction over traffic management, agreeing with an argument made by Comcast attorneys who wrote the following.

"Because these issues are within the subject matter jurisdiction of the FCC, and because the FCC is actively investigating them, this Court should stay its hand under the primary jurisdiction doctrine."

Here's where things get complicated. Even though the FCC doesn't have jurisdiction over false advertising claims the judge is waiting to issue a decision on thiem until the FCC investigation is concluded. He writes that they're "sufficiently interrelated with the network management issue such that it cannot be said that the FCCs consideration and determination of the network management issue will have no impact on resolution of these claims."

Although there's been some noise around the internet about how this is a reversal of Comcast's earlier position in an FCC filing, it's actually not. In fact they've always acknowledged the FCC's authority to regulate network management practices. And of course Comcast representatives have been quick to point this out, but they conveniently dodge the issue of false advertising.

It's perfectly legal to sell a car that's limited to a top speed of 60 miles per hour. That doesn't mean you can claim it will keep up with a Ferrari.

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9 user comments

19.7.2008 16:37

Quote:
It's perfectly legal to sell a car that's limited to a top speed of 60 miles per hour. That doesn't mean you can claim it will keep up with a Ferrari.
Word.

29.7.2008 17:00

*point laugh* HA HA!

39.7.2008 19:15

Quote:
It's perfectly legal to sell a car that's limited to a top speed of 60 miles per hour. That doesn't mean you can claim it will keep up with a Ferrari.
I have a jeep that that has top speed 80klm per hour, and yes it is way faster than a ferrari can go........on ice!

49.7.2008 22:30

Originally posted by ZippyDSM:
*point laugh* HA HA!
Lol.

Sums it up. :)

510.7.2008 17:58

I hope comcast gets what they deserve...

611.7.2008 20:44
1bonehead
Inactive

Originally posted by B33rdrnkr:
I hope comcast gets what they deserve...

Me too.

The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The IFPI Are: The same anti consumer lot as listed above!
The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX.

712.7.2008 3:47

THey already lost here

http://forums.afterdawn.com/thread_view.cfm/682270


And now they are trying to escape again ?


"The flimsier the product,the higher the price"
Ferengi 82nd rule of aqusition


814.7.2008 10:17

I agree with 7thsinger, Zippy you have done it again!

I only thing I can add is they are being more fair than that. According to all my neighbors they have been throttling them as well. They do not know what is going on but they all claim their service is much slower than it used to be. Some do not have networks and their kids are too young for p2p (I think). They are reaming anyone that is in an area with only one carrier. They only get one barrel. If you do ANY p2p you get both.

I bet they are much more afraid of this judge than the FCC. I know I would be!

917.7.2008 13:51

they're crooks, alright. if you cancel their service, they keep billing you. if you refuse to pay for service you don't receive they sic the bill collectors on you. I'll never give those sob's another dime.

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