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Comcast Cable Sued Over Bandwidth "Throttling"

Comcast Sued Over Bandwidth ThrottlingJon Hart, a Californian who has filed a suit against Comcast, is claiming that not only is the company violating its own "Crazy Fast Speeds" advertising, but is breaking federal computer fraud laws.

When it was speculated that Comcast was doing shady things to limit and even block its subscribers' use of bandwidth-hungry applications, the company responded that the accusations were largely untrue. It then admitted to taking steps that were "temporary and intended to improve surfing for other users."

Hart's accusations stem from claims that Comcast is actively blocking peer-to-peer network traffic. Peer-to-peer traffic is most often used by file sharing applications like Kazaa or BitTorent for sharing music or videos. Comcast is allegedly sending fake signals to these applications that make them stop transmission of data, effectively shutting them down. It could be argued that such fake signals are not altogether different from a hacker taking control of your computer.

Beyond that, the suit mentions that nothing in Comcast's user agreement bars file sharing, and that their advertising claiming "unfettered access" to all of the Internet is misleading. For its part, Comcast has denied blocking peer-to-peer applications, yet also says:
We have a responsibility to provide all of our customers with a good Internet experience and we use the latest technologies to manage our network so that they can continue to enjoy these applications.
We'll be watching this story very closely going forward.

From Wired

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RIAA Defendant Appeals $220K Fine

RIAA Defendant Appeals $220K FineThe trials and tribulations just don't stop for RIAA lawsuit defendant Jammie Thomas -- or at least the trials, anyway. Ms. Thomas has officially filed her appeal to the findings of the lawsuit brought against her for illegal file sharing, citing "unconstitutionally excessive" damages. Jammie is asking that the RIAA fine her any actual damages it suffered rather than the seemingly arbitrary amount of $220,000, which she was earlier ordered to pay.

This appeal is certainly a step back from her initial pledge to fight the notion that simply sharing a song on a P2P network like Kazaa is actually illegal. Now, it seems her plan is simply to reduce the fine that she was assessed by the court. Given the feelings of one juror in the case, who called her a liar and that her "defense sucked," perhaps this is the smartest move.

Thomas' idea of fair? $151.20.

From Slashdot

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