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	<title>Comments on: Bell Canada throttling, DPI fight isn&#8217;t over</title>
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		<title>By: Charles</title>
		<link>http://www.p2pnet.net/story/22033/comment-page-1#comment-974395</link>
		<dc:creator>Charles</dc:creator>
		<pubDate>Fri, 22 May 2009 08:25:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/?p=22033#comment-974395</guid>
		<description>I have a different legal angle that nobody has taken and that is all people such as myself with a Bell telephone line but use a 3rd party ISP for high-speed Internet sue Bell in a class action lawsuit! This is simply based on contract law, I have a Bell home phone line that I pay strictly for local calling even for long distance I use a different company. When I switched from dial-up Internet access many years ago to high-speed, I went with a 3rd party ISP, I&#039;ve never been with Bell and my ISP contacted Bell on my behalf to get my local line connected to Bell&#039;s high-speed line. So then in my next Bell bill under monthly services a new item appeared it said: 1 High Speed-up to 4.0 Mbps and there was no extra charge for this service!

So by contract law, Bell isn&#039;t charging anything for my residential line to be connected to this high-speed line, so please tell me where is it written in the contract that Bell can interfere with this service? Because essentially the bottom line to throttling ends with the final consumer and not with the ISP&#039;s who have rented Bell&#039;s line&#039;s to resell it to people like me. The CRTC is irrelevant here because 3rd party resellers of Bell&#039;s capacity aren&#039;t truly being capped with so much bandwidth or aren&#039;t being throttled; it&#039;s the last few feet of the line that Bell still is trying to control that connects the end customer! My 3rd party ISP isn&#039;t being capped, I&#039;m paying for a high-speed package with no monthly upload/download limits. Just as my 3rd party ISP isn&#039;t being throttled, they&#039;re offering me a high-speed line but it&#039;s only Bell that is throttling me!

Thus my suggestion or rather my plea is for one law firm to launch a massive class action lawsuit (publicize it and get people to sign up) that acts on the behalf of all Bell residential customers who have high-speed Internet through a 3rd party ISP. The legal case is based on contract law, just as people like me pay a 3rd party ISP for high-speed Internet, we as Bell customers get our residential lines connected to Bell&#039;s high-speed service to complete the transaction. Where is it written in the contract that just because Bell completes the high-speed connection between 3rd party resellers of Bell&#039;s capacity with Bell&#039;s final few feet of line that connect its residential customers to the Internet that Bell has the right to interfere with the flow of information?

By contract law, either Bell has a legal right to interfere with this Internet content or they don&#039;t--period! And that&#039;s the reason to sue them because I don&#039;t believe they have the right because what Bell is saying is that they can break in to my private communication, determine what is being sent/received and at will Bell can choose to vary the speed of my communication! This makes no legal sense! If I&#039;m sending/receiving them same type of information at 8 PM as I am at 8 AM, everything being equal except the time, where does Bell have the legal right to deliberately interfere and slow down my connection speed at 8 PM but not at 8 AM? Please show me in writing where it says that Bell can do this just because they connect my Bell residential line to their high-speed line? I&#039;m paying a 3rd party reseller of Bell&#039;s capacity, I have a written contract with them regarding my Internet access, all that Bell is doing is allowing me to connect my Bell residential line to Bell&#039;s high-speed line so that I can connect to my 3rd party ISP. All Bell is doing is making the connection between my ISP and my home phone line but I&#039;m paying my ISP for Internet service not Bell, I don&#039;t have any written contract with Bell other than the terms to my Bell residential phone line. Thus Bell has no legal legs to stand on in terms of contract law! Just show me where in my contract it says that Bell has control over Internet content and speed of service just because it completes the circuit between my residential phone line and my 3rd party ISP.

And that&#039;s the crux of my legal argument, the throttling issue can only be legally determined between Bell and it&#039;s residential customers who use 3rd party ISP&#039;s. All Bell is doing is completing the circuit, its residential customers aren&#039;t paying Bell directly for access, they are paying 3rd party resellers of Bell&#039;s capacity. At present there is no contract that allows Bell the legal right to interfere between 3rd party ISPâs and its residential customers. Therefore Bell can&#039;t at will comb through private transmissions, determine the type of data being transferred and set a predetermined limit on that data (especially select specific future time frames to restrict certain types of data); all Bell is doing is completing the circuit--that&#039;s it! They have no legal right to control the rate of flow of data being sent/received just because they are connecting the end user to the 3rd party ISP.

I therefore ask for a law firm to represent all Bell residential phone customers who have high-speed Internet via a 3rd party ISP and sue Bell in a class action lawsuit solely based on the merits of contract law. Just because Bell connects its residential customers to its high-speed service so that these consumers may use 3rd party ISP resellers of Bell&#039;s capacity; does that give Bell any legal right to sift through this private data, set parameters of access to Internet speed based on the type of data being sent/received and set predetermined time frames in order to restrict the flow of data? I say sue the bastards and let it be settled in a court of law!!</description>
		<content:encoded><![CDATA[<p>I have a different legal angle that nobody has taken and that is all people such as myself with a Bell telephone line but use a 3rd party ISP for high-speed Internet sue Bell in a class action lawsuit! This is simply based on contract law, I have a Bell home phone line that I pay strictly for local calling even for long distance I use a different company. When I switched from dial-up Internet access many years ago to high-speed, I went with a 3rd party ISP, I&#8217;ve never been with Bell and my ISP contacted Bell on my behalf to get my local line connected to Bell&#8217;s high-speed line. So then in my next Bell bill under monthly services a new item appeared it said: 1 High Speed-up to 4.0 Mbps and there was no extra charge for this service!</p>
<p>So by contract law, Bell isn&#8217;t charging anything for my residential line to be connected to this high-speed line, so please tell me where is it written in the contract that Bell can interfere with this service? Because essentially the bottom line to throttling ends with the final consumer and not with the ISP&#8217;s who have rented Bell&#8217;s line&#8217;s to resell it to people like me. The CRTC is irrelevant here because 3rd party resellers of Bell&#8217;s capacity aren&#8217;t truly being capped with so much bandwidth or aren&#8217;t being throttled; it&#8217;s the last few feet of the line that Bell still is trying to control that connects the end customer! My 3rd party ISP isn&#8217;t being capped, I&#8217;m paying for a high-speed package with no monthly upload/download limits. Just as my 3rd party ISP isn&#8217;t being throttled, they&#8217;re offering me a high-speed line but it&#8217;s only Bell that is throttling me!</p>
<p>Thus my suggestion or rather my plea is for one law firm to launch a massive class action lawsuit (publicize it and get people to sign up) that acts on the behalf of all Bell residential customers who have high-speed Internet through a 3rd party ISP. The legal case is based on contract law, just as people like me pay a 3rd party ISP for high-speed Internet, we as Bell customers get our residential lines connected to Bell&#8217;s high-speed service to complete the transaction. Where is it written in the contract that just because Bell completes the high-speed connection between 3rd party resellers of Bell&#8217;s capacity with Bell&#8217;s final few feet of line that connect its residential customers to the Internet that Bell has the right to interfere with the flow of information?</p>
<p>By contract law, either Bell has a legal right to interfere with this Internet content or they don&#8217;t&#8211;period! And that&#8217;s the reason to sue them because I don&#8217;t believe they have the right because what Bell is saying is that they can break in to my private communication, determine what is being sent/received and at will Bell can choose to vary the speed of my communication! This makes no legal sense! If I&#8217;m sending/receiving them same type of information at 8 PM as I am at 8 AM, everything being equal except the time, where does Bell have the legal right to deliberately interfere and slow down my connection speed at 8 PM but not at 8 AM? Please show me in writing where it says that Bell can do this just because they connect my Bell residential line to their high-speed line? I&#8217;m paying a 3rd party reseller of Bell&#8217;s capacity, I have a written contract with them regarding my Internet access, all that Bell is doing is allowing me to connect my Bell residential line to Bell&#8217;s high-speed line so that I can connect to my 3rd party ISP. All Bell is doing is making the connection between my ISP and my home phone line but I&#8217;m paying my ISP for Internet service not Bell, I don&#8217;t have any written contract with Bell other than the terms to my Bell residential phone line. Thus Bell has no legal legs to stand on in terms of contract law! Just show me where in my contract it says that Bell has control over Internet content and speed of service just because it completes the circuit between my residential phone line and my 3rd party ISP.</p>
<p>And that&#8217;s the crux of my legal argument, the throttling issue can only be legally determined between Bell and it&#8217;s residential customers who use 3rd party ISP&#8217;s. All Bell is doing is completing the circuit, its residential customers aren&#8217;t paying Bell directly for access, they are paying 3rd party resellers of Bell&#8217;s capacity. At present there is no contract that allows Bell the legal right to interfere between 3rd party ISPâs and its residential customers. Therefore Bell can&#8217;t at will comb through private transmissions, determine the type of data being transferred and set a predetermined limit on that data (especially select specific future time frames to restrict certain types of data); all Bell is doing is completing the circuit&#8211;that&#8217;s it! They have no legal right to control the rate of flow of data being sent/received just because they are connecting the end user to the 3rd party ISP.</p>
<p>I therefore ask for a law firm to represent all Bell residential phone customers who have high-speed Internet via a 3rd party ISP and sue Bell in a class action lawsuit solely based on the merits of contract law. Just because Bell connects its residential customers to its high-speed service so that these consumers may use 3rd party ISP resellers of Bell&#8217;s capacity; does that give Bell any legal right to sift through this private data, set parameters of access to Internet speed based on the type of data being sent/received and set predetermined time frames in order to restrict the flow of data? I say sue the bastards and let it be settled in a court of law!!</p>
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		<title>By: Judge Rico Dredd</title>
		<link>http://www.p2pnet.net/story/22033/comment-page-1#comment-974392</link>
		<dc:creator>Judge Rico Dredd</dc:creator>
		<pubDate>Fri, 22 May 2009 04:53:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/?p=22033#comment-974392</guid>
		<description>The CRTC is a sick sham, staffed by shills and ex (and even current) employees of the incumbent duopoly of Bell and Rogers.

It should be torn down and replaced with a panel made up of members of the general public chosen at random and advised by independent technical experts.

How is it you can explain the situation, that Bell is being allowed to interfere with a fundamental level of the service of a direct competitor, to the man on the street, and they understand instantly that this is anti-competitive not to mention against the public interest and should be obviously and very clearly illegal? Yet the panel of the CRTC cannot see something that should be self evident?

These people are either too stupid, or more likely, too corrupt to be allowed to wield any kind of executive power and need to be removed, preferably permanently.</description>
		<content:encoded><![CDATA[<p>The CRTC is a sick sham, staffed by shills and ex (and even current) employees of the incumbent duopoly of Bell and Rogers.</p>
<p>It should be torn down and replaced with a panel made up of members of the general public chosen at random and advised by independent technical experts.</p>
<p>How is it you can explain the situation, that Bell is being allowed to interfere with a fundamental level of the service of a direct competitor, to the man on the street, and they understand instantly that this is anti-competitive not to mention against the public interest and should be obviously and very clearly illegal? Yet the panel of the CRTC cannot see something that should be self evident?</p>
<p>These people are either too stupid, or more likely, too corrupt to be allowed to wield any kind of executive power and need to be removed, preferably permanently.</p>
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		<title>By: Devil's Advocate</title>
		<link>http://www.p2pnet.net/story/22033/comment-page-1#comment-974377</link>
		<dc:creator>Devil's Advocate</dc:creator>
		<pubDate>Thu, 21 May 2009 17:47:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/?p=22033#comment-974377</guid>
		<description>&quot;The throttle and DPI fight is not over.&quot;

Indeed, not by a longshot!

Back when the CRTC announced its intention to take input from the Public, supposedly on &quot;Net Neutrality&quot;, it also inadvertently made known its ignorance of many facts involved in awarding judgment to Bell in the first place.  I wondered then when this incongruency would surface.

This ignorance by the CRTC has been abetted by everyone for far too long to be explanable.
It time the CRTC was &quot;schooled&quot;!
(I&#039;d prefer &quot;expelled&quot;, but that&#039;s another argument.)</description>
		<content:encoded><![CDATA[<p>&#8220;The throttle and DPI fight is not over.&#8221;</p>
<p>Indeed, not by a longshot!</p>
<p>Back when the CRTC announced its intention to take input from the Public, supposedly on &#8220;Net Neutrality&#8221;, it also inadvertently made known its ignorance of many facts involved in awarding judgment to Bell in the first place.  I wondered then when this incongruency would surface.</p>
<p>This ignorance by the CRTC has been abetted by everyone for far too long to be explanable.<br />
It time the CRTC was &#8220;schooled&#8221;!<br />
(I&#8217;d prefer &#8220;expelled&#8221;, but that&#8217;s another argument.)</p>
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