Geek rage is strong in this discussion.

Seriously, it seems that some users have a weird sense of entitlement. They probably do not understand the real cost of bandwidth. They seem to forget about one of life's own axioms "There is no such thing as a free lunch". Comcast's home accounts are not "guaranteed" services.

I still do not see the problem with recent change that denies users from seeding their torrents. Comcast's TOS clearly states that they can change the policy if users are abusing their service. It is a shame that minority of legit users are screwed over by the majority who abuse bit torrent.

Comcast took the perhaps the most sensible route to solve the bit torrent problem. They could have impose some draconian bandwidth caps (common practice in some foreign ISP) or complete denial of the service. Instead, they just limited the ability of seeders = less available bandwidth available = less bandwidth is consumed = far less strain on their networks.

You know, people who are not lawyers arguing legal issues with other people who are not lawyers is about as entertaining as people without technical knowledge arguing technical issues with other people without technical knowledge. Which is to say, it gets old pretty quick.

This guy is gonna lose his lawsuit. He should really read the terms and limitations of service agreements he checked off on when he signed up for Comcast.

http://www.comcast.net/terms/use.jsp

You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of Comcast) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Comcast's ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

Note: Comcast reserves the right to immediately terminate the Service and the Subscriber Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the Comcast Equipment or Service in a way which is contrary to any Comcast policies or any of Comcast's suppliers' policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.

And here: http://www.comcast.net/terms/subscriber.jsp

4. CHANGES TO SERVICES
Subject to applicable law, we have the right to change our Services, Comcast Equipment and rates or charges, at any time with or without notice. We also may rearrange, delete, add to or otherwise change programming or features or offerings contained in the Services, including but not limited to, content, functionality, hours of availability, customer equipment requirements, speed and upstream and downstream rate limitations. If we do give you notice, it may be provided on your monthly bill, as a bill insert, in a newspaper or other communication permitted under applicable law. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s). We are not liable for failure to deliver any programming, services, features or offerings except as provided in Section 11e.

And here, under abuse: http://www.comcast.net/terms/abuse.jsp

Bandwidth, Data Storage and Other limitations Use of the Comcast network infrastructure in a manner that (i) exceeds the then current bandwidth, data storage or other limitations on the Comcast High-Speed Internet service or (ii) puts an excessive burden on the limitations of the network. Examples include: Using the Comcast network to run a Web-hosting server or any other commercial enterprise.

IANAL, but that should about cover it.

I know everyone is going say fault advertisement arguement. However, I do not see everyone's argument. It says very specifically in the second line of the terms and agreements which a customer signes the following:

"Many factors affect speeds. Actual speeds may vary and are not guaranteed."

This is standard for every type HOME Internet service from high speed to modem based. I also have no sympathy for users who are being filtered/restricted. The type of service being offered is for home uses. If you have a need for reliable and guaranteed service to the Internet, call Comcast and start paying for a buisness class level of service. Of course you will be paying 500-1000 dollars per month for service, however it will guaranteed service in the contract.

I believe this issue can be summed up with one axim.

"You get what you pay for"

Later..

I am not sure if this can go very far. These ISPs usually have a paragraph in the TOS agreements that say they can "take measures" to ensure the network to be operational. They can probably weasel out on this point.

If the suit proceeds and is ruled against them, then these draconian TOSes will be shot down. That can be a good thing though.

So, is there a way for a user to know that they are being "hampered", other than slowness? Is there a site like Speakeasy that can sniff out this junk on the line?

With a sensible network neutrality law, it would be the DOJ or FTC taking them to court (or, perhaps more likely, they wouldn't be doing this in the first place). Without that, it's going to be up to individual customers, and their trial lawyers, to do the suing. And if the cable companies get smart about how they advertise, those suits will go nowhere.

I hope Comcrap looses and they have to invest $$ in their infrastructure instead of investing in traffic shaping crap from Sandvine.

Adi

One word describes this entire article.

Finally.

Ownage at its best..... I hate Comcast and their monopolistic practices.... MS can get blown out over including software but not limiting other software but when a very large (no. 1) cable company secures a franchise that last for a decade and prevents any other cable company from moving in??? how is that not been shutdown!!? Oh that's right, the mayor and the police departments of said such franchise gets free cable services.... oh that makes since... /sarcasm