Comcast sued for blocking file sharing
p2pnet news | P2P:- California’s Jon Hart is suing Comcast saying its use of sneak blocking technology to impede P2P applications violates federal computer fraud laws, user contracts and anti-fraudulent advertising statutes.
Comcast’s promises of, “providing internet connections that let users ‘Download at Crazy Fast Speeds’ are false and misleading since Comcast limits downloads by transmitting ‘unauthorized hidden messages to the computers of customers’ who use peer-to-peer file sharing software,” he says in a lawsuit, says Wired, going on:
Hart wants the court to force Comcast to stop interfering with the traffic.
He also wants the court to certify the suit as a class action and force Comcast to pay damages to himself and all other Comcast internet subscribers in California
“Defendants impede their customers access to the blocked applications by transmitting unauthorised hidden messages to the computers of customers, who utilise such applications,” says the case document, going on:
“These transmissions severely impair and/or completely block the customers’ use of the Blocked Applications by telling their computers to stop communicating via such applications.”
It also says:
Defendants have disseminated and continues [sic] to disseminate advertising, that they know or should reasonably know is false and misleading. This conduct includes, but is not limited to, promoting and advertising the fast speeds that apply to the Service without limitation, when, in fact, Defendants severely limit the speed of the Service for certain applications.
And >>>
Defendants have engaged, and continues [sic] to engage, in conduct which is immoral, unethical, oppressive, and scrupulous and/or substantially injurious to consumers. This conduct includes, but is not limited to misrepresenting that its customers enjoyed unfettered access to all Internet applications, while at the same time, severely limiting access to certain applications by sending hidden messages to its customers computers. Defendants deceive consumers into purchasing the Service in the mistaken belief that they will be able to utilise the Service for use of the blocked Applications, while actively limiting and/or blocking such applications.
Comcast, meanwhile, recently said it hasn’t actually been blocking file sharing: it was merely delaying it.
But the company was said to have threatened to fire staff who talked about it to reporters.
Also See:
Wired – Comcast Sued Over BitTorrent Blocking, November 14, 2007
merely delaying it – Leave file sharing alone, Comcast told, November 1, 2007
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November 15th, 2007 at 11:11 am
It is about time someone stood up to this company. I have heard nothing but dissatisfaction from this company’s “customers.” I normally an an advocate of applying free market principles to dealing with companies like this, but in this case there is very little free market involvement. Comcast is a MONOPOLY in many areas of the country, and more importantly, they use public property (our roadways) to conduct their business. Companies that use public property or governments to make their money should be accountable to the public to some extent.