BitTorrent Users Seek Compensation from Comcast
Written by Ernesto on July 23, 2008Comcast is facing a nationwide class action lawsuit for cutting off the BitTorrent traffic of their subscribers. The lawsuit aims to stop the misleading advertising used by Comcast, and to compensate BitTorrent users for the disruption to their service.
August last year we reported – based on findings from network expert Robb Topolski – that Comcast actively disconnected BitTorrent users. Comcast initially denied our allegations, even though we had proof to back up these claims, and they continued to do so for months. Now, a year later, there is no doubt that Comcast offered a degraded service to BitTorrent users, and they now face a nationwide class action lawsuit (doc).
“Comcast surreptitiously installed receiver packets to keep people from using file-sharing programs when it promised it wouldn’t,” Alyson Foster, an associate at the law firm Gilbert Randolph alleges. “Of course the competition is fierce in telecommunications, but they were trying to get an unfair leg up.”
Robb Topolski, who is now the plaintiff in the nationwide class action lawsuit against Comcast, told TorrentFreak at the time: “We have had two Comcast techs confirm Sandvine in use, but neither confirmed or denied its connection with the RST interference. For me, seeding is possible. I can reach my upload speed limit, but there sure is a lot of interference. Since your article came out, I too have received many reports of seeding being impossible. I’m not sure if it’s regional, or what!”
These reports however, were soon picked up by the mainstream press, and eventually led to an investigation by the FCC. Two weeks ago, the FCC announced that it will order Comcast to stop interfering with BitTorrent traffic. FCC chairman said that Comcast slows down BitTorrent users independent of the amount of traffic they use, and that the company failed to communicate their network management practices to their consumers.
It is now up to the federal court to decide if Comcast’s BitTorrent users deserve to be compensated, and whether the company need to stop their misleading advertisements. Foster said the amount of the damages has yet to be estimated, but the alleged damages are expected to exceed $5 million.
Previously: Does BuckCherry Think The BitTorrent Community is Stupid?
Next: ISPs To Send “Hundreds of Thousands” of File-Sharing Warnings
71 Responses
Something tells me the courts aren’t going to compensate file sharers…
@ Johnny Neurotic – There are legitimate businesses using bittorrent (not just “file sharers”). The courts might have to rule in favor of those affected.
Something tells me you are wrong. If those who sue can prove content shared was legal, they can win. Plus the FCC called Comcasts tactics illegal. This is a win for file-sharers, and I’ll bet the suit will win as well.
Finally the FCC does something right.
i hate comcast and america, fucking ruining every country. hopefully america will hit a depression it cannot get out of and will die
nope . this has nothing to do with p2p or file sharers . this is just a pure simple business crime .
what comcsast did is illegal and will have to pay for they crime
“Receiver packets”? Ok, she’s a lawyer; I’ll cut her a little slack on the techno-mumble-jumble.
#4
you sound like a 12 year old grow up.
P.S. no one care what the hell we do over here until some a-hole such as yourself opens their trap.
How do we claim our reward?
The precedent set in this case will allow for other ISP’s to be sued as secretative bit throttling begins to become illegal.
The idea that only 5 million dollars is enough compensation is a little bit hilarious. There should be major fines for the sort of fraud that was perpetrated by Comcast, as well as full refunds for internet services that were not what the customers were promised. Every single customer should be given a full refund for the period of time in which Comcast was actively committing fraud against them, AS WELL as a compensatory fee for wasting their customers time. Afterall, if their customers had been properly informed of the nature of the service they were pruchasing, they may have selected another ISP. This should be something like $400/year/customer + wasted time compensation + a consumer fraud charge (business crime, like @4 said). Of course, mass payouts like that never happen. 5 million to Comcast is like a gram of coke to Columbia. If all it costs Comcast is 5 million dollars to commit fraud in place of updating their infrastructure, than clearly they will pick $5 million every time. Even a telecommunications CEO can do that cost analysis.
The main thing to remember is that these people have been caught red handed with their pants down.. now to see if they will get away with it or (hopefully) pay a huge fine via a class action suit.
A couple of hundred million would be great.. but then i’m looking at this from a biased point of view. ;-)
Basically a large enough sum so that it will make others scared to ever touch these waters again and a large enough sum to teach (the giant) Comcast a lesson they will never forget.
Cheers!
CJ
http://www.ezee.se
#4
+1
and #7, dude, he got a point, why always USA should start doing same shit ?
F*ckin anti piracy shit started from USA and now they are trying to open their branch in other countries.
They are F**king growing very fast and i am very sure they will sue others also, same like they are doing in USA.
I JUST HATE ANTI PIRACY COMPANIES AND THE USA DUMB WRONG ACTIONS !
THE USA DUMB GOV SHOULD GROW UP ! ! !
I don’t exactly see the courts taking the side of torrents users to the point of compensation but I think it’ll knock ISPs off abit in throttling torrent traffic… hopefully anyways.
I have Comcast and cannot wait until this goes through if it in fact does go through. I’ve noticed quite a drop in my bit torrent traffic speed, but in my area Comcast has a monopoly and there aren’t any real alternatives for highs-peed internet access.
That being said… I would just like to point out #10 “Mr. Afghanistan”… really? I mean I’m not sure if you comprehend the topic or if you are stereotypically and/or jokingly making fun of “foreigners”… or perhaps your just that incompetent with the English language and the grand example of truths in stereotypes… either way your retardedom made my day.
Seeing how the idea that file sharing is the root of all evil has been spread throughout the U.S., I highly doubt we’ll receive compensation. We’ll win the case and nothing else.
The United States has certainly paved the way for battling copyright infringement (I’m pro-filesharing however, don’t get me wrong) but other countries have also thrown in their bids to fight alongside the USA. Canada? Sweden? Ireland? Don’t you guys read any of the articles that TorrentFreak posts or do you just click right to the forum and start complaining about the USA?
What Comcast did was deplorable however, and as one commenter said I think they should be forced to reimburse their customers the entire length of time in which they paid for a service they did not receive, as well as a fine for failure to reveal the true nature of their internet service.
As for proof of legitimate use of Bittorrent, http://www.ubuntu.com should be enough, not to mention all the other uses companies may use.
Oh, and Blizzard (you know, the guys working on Starcraft II?) uses a miniaturized Bittorrent client to distribute their preview videos.
I lawl at you #11.
As a Comcast user, I like the idea of their card being pulled. The $5million doesn’t really matter so long as they are made an example of. An example that shows these big companies that they can’t toy with their users like this. Some common decency and respect would go a long way.
@”The idea that only 5 million dollars is enough compensation is a little bit hilarious.”
$5 million is simply the minimum amount that must be in controversy to get federal jurisdiction — it’s obviously a minimum, as the damages here are huge.
@4 You suck donkey dick.
has newtorrents been shut down and shud rlslog be worried
???????
As a comcast subscriber I would love to be compensated for the last year or so of service due to bandwidth throttling. But if comcast were to pay each of their customers ~$550 would they still be able to do business? In reality if the government could stop comcast from bandwidth throttling I would be happy.
Good luck to them. About time someone stood up to these corp scumbags, gave them a taste of the their own legal medicine. Take ‘em to the effing cleaners!
How much money does Rob stand to make?
I hope they stick it to comcast and they have to pay legal costs, pay somebody to mail out notices of reimbursements to all their customers, pay somebody to sort and respond to replies, pay somebody to mail the reimbursements, pay somebody to deal with the bad PR, the CEO should be terminated with prejudice, terminate senior IT management, stop using outsourcers for phone support, and try to make a quality product instead of basing your business model on the fear potential legal issues.
P.S.
Xbox Live Marketplace puts OnDemand to shame…Comcast’s days are numbered.
5 million.. thats it? Why cant we make up numbers like the industrys do?
I pick… 5 billion… what its just couple more zeros.
Like most any other business these days, ISPs require customers to sign lengthy contracts – often confusing to non-lawyers – that give the company the right to do virtually anything they damn well please, leaving cheated customers with no possibly claims sue over.
So you think the cable contract you’re forced to sign is far too draconian?
Fine, then go find yourself a 56k dialup ISP instead.
It’s obvious that most of the users here are Americans. Any outside party sees us for what we are; the biggest and most powerful enemy of file sharing. Is it that hard to grasp, guys? Their complaints are legitimate.
@27 – to tell you the truth I’d say England is worse.
I HATE america with every part of my body.I hope to the high heavens that UK and US are destroyed through various means in the next few years…and guess what IM BRITISH!If i can admit this so should everyone else!
The reason i file share is simple.1. I refuse to wait for even 1 week after a tv show or movie is released in US. There is no reason for this and only worldwide releases are acceptable to me.2. The US TV shows are some of the best and should be available free online to everyone at the same time with ad support.3. companies like Microsoft think it is ok to announce great new service like Netflix for xbox360 at INTERNATIONAL conference and not mention that it is only available to american scum!that is unacceptable when we all pay the same price!
I will file share forever no matter what. Until dvds are £5 and blu rays -£10 new! afterall the alternative is to pay nothing at all :D
not only did they throttle my line, they shut my internet off completely due to abuse.
‘Foster says it’s too soon to estimate the amount of the damages, but because the case is filed in federal court, the alleged damages must exceed $5 million.’
Hope its more :)
@30 – Yeah, that same American scum that makes the TV shows and movies you love so much that you can’t wait for them in stores.
AT&T also throttles. Every day I’d lose my Relakks connection after about 2-3 hours on bittorrent. Then I got wise and started encrypting everything (I didn’t before cuz I thought it might affect speed). Now the connection never breaks.
Really though filesharing may be “illegal” but as long as you own the original copy you can download whatever the hell you want. I see the court siding in the favor of the people.
AT&T does not throttle, AFAIK. I
always get full speed whenever I
use Azureus (now Vuze). It could be
Relakks doing this, or something else.
I have never encountered any problem
with AT&T, either with their DSL, or
currently with U-Verse (Fiber).
Who the hell is going to be stupid enough to file a clam?
Joe Blow RIAA/MPAA lawyer will be quick to buy up the list of all claimants from Comcast (for cash).
Class action suits make money for the lawyers, good luck with your $1 Comcast coupon, you lucky winners!
http://ladysmooth.com/
finaly some false hope for compensation for the sloooow un fuckin fair internet
I think the comcast users have a real chance winning
If you’ve played World of Warcraft in the past 4 years, and are a Comcast subscriber, than you have been affected by Comcast’s bit torrent throttling. The games patch downloading client is actually a bit torrent client.
Now, only if the FCC will turn it’s eyes towards Time Warner Cable… as they are doing the same thing as comcast, and long before they(comcast) throttled and interfered with BT traffic.
The probability is dim. As Big brother has their pockets lined with investments and corporate profits with Time Warner I am sure.
As far as all the moaning ninny’s that hate America, If it wasn’t for the movies, music, E-books, and basically advanced technology which is brought to you by,and at least 50% developed here in America… You would be without. And hence the stoneage for you?
^^ @Chillax – just to point out that in the 18th century and 19th centuries, the United States was openly stealing European intellectual property on a massive scale. (just like developing countries have always done)
It was only after the US companies actually started creating something worth protecting, such as Edison’s inventions and Hollywood’s movies, that the US policy flip-flopped and instead favored IP enforcement.
To support the US bashers:
I’ve NEVER seen such a wide variation of CRAP LOADED tv programs as on the American television!!
- Dr Phil…
- Extreme Makeover: Home Edition…
…
*sigh*
I am eager to see what will come out of this. As you may know, Canada’s ISPs are also in a big battle as they are being illegally throttled from their upstream provider, Bell! Basically all the DSL providers/resellers are being throttled and filtered, even though the traffic does not belong to Bell in the first place.
The legality issue is slightly different from Comcasts, but the sugject is the same: selective throttling. We need to fight to make the internet back into the free network (as in freedom) that it once was, before these tyrannical ISPs started playing god with our communications.
These comments are hilarious
you are engaging in illegal activity good GOD…
don’t complain! Shut up! You get what you pay for, don’t you understand?
Good lord, oh wait thats me… Please just shut up.
Comcast, you have NO right to control information… oh wait. you chose them as your ISP… you sign their terms and conditions… so they have EVERY right.
In the US, we do NOT have the right to free internet. Getover it you fucking tools.
Down with comcast. wish this was a nationwide lawsuit. Sounds like it’s only CA,NJ and IL…
When will bt users seek compensation for the illegal anti-p2p interference of groups backed by the cartels?
When will we get laws that clearly favour file sharing so all those persecuted, harassed, threatened, and sued by industry vultures can be compensated?
@41 surely you jest. Most technology doesn’t come from the US. It originates from Japan and other Asian countries. People of higher intelligence generally, sorry to say. But the world does benefit from the entertainment side, even though it gets spoiled by copyright nonsense. Being in the spotlight also shows up a lot of ugliness however, and especially what’s happening now since 911, with many believing the Bush admin responsible as a pretense to the evils of the Nazi-like Patriot Act
Whoop! 5 million, and split between every Comcast subscriber, that works out to what, 40, maybe 50 cents a peice? Awesome, I’m gonna buy a gumball (maybe even 2)!
Yeah, 5 million is chicken feed. They need to up it to 50 billion, maybe even 100 billion.
That’ll learn’em to screw with the customers.
LOL, I knew it would just be a matter of time! Unlimited means UNLIMITED not We’ll throttle you once we think youve used enough bandwidth!
JT
http://www.Ultimate-Anonymity.com
@49 surely you jest… not only is your information incorrect but you post follows no logic. Throwing in keywords like 911 and Bush doesn’t help make a point, it only makes you look like an idiot.
Why only Comcast?
Comcasts new slogan-fraud corruption and crappy service=profits
Comcast being busted = Everyone wins.
Anti-US comments = lame, without basis. The US wins.
wait wait
5 million ?!?!?!?
thats it? hahaha what a fucking joke…….
WOW @ #11
Dude, if no country was against piracy and everyone could download whatever they wanted for free and no one payed…well, you get the picture.
Well i’d say every Comcast customer who felt ‘throttled’ should join the party n file for compensation. Come to think of it , its actually a staight-forward case of cheating on the customers , and it must be dealt with severity.
This site has… become quite pathetic. Bunch of children with little idea about how this world works. There is evil everywhere, there is good everywhere, the blames lies at your feet and everyones. Nothing is as it seems.
To put corporate American, the Federal government, and the people of USA in the same boat is as wrong as it is ignorant. Enough anti-intellectual comments please.
The receiver packets trashed the entire swarm, not just comcast customers. Every filesharer deserves a piece of this.
Show off a copy of World of Warcraft and you win. They use torrents to share updates for the game
America pwns all!
Anyone know if Comcast has actually STOPPED throttling bt connections?
Comcast should give the money to Verizon so they can expand FiOS to my neighborhood.
“It originates from Japan and other Asian countries. ”
LOL. It’s might be BUILT there. Because labor is CHEAP.
Yeah, America is full of dumb red-necks, that’s why folks from all over the planet send their kids to university here, because we’re dumb. So dumb in fact that both major CPU manufacturers are based here and do their design work here. I mean, damn, last time I was in San Jose the streets were just clogged with retards wishing they could live in a Chinese slave labor camp building iPods all day.
But carry on. Your posting is so inane you must in fact be an American, by your own definition.
On the topic of Comcast: where I am it seems seeding works. But it still sucks compered to FiOS.
My bittorrent was limited on upload to 40% of my original speed for the past 6 months or so.
Around the middle of June I notice that my upload speed came back to normal again. 105kb/sec. instead of being cap at 40kb/sec.
I called support at the beginnig of the problem but they denied any involtment and told that “other” things could be causing the problem but not them.
I hope they are forced to compensate their customers even if it is a meager amount. I would request my share.
But people sharing even one song are being sued for Megabucks.
5 Million amounts to 6-7 songs if the whole penalty is applied on a file shared . ( 750,000 per song ).
Something tells me that the fairness on the deal is away from us.
Forget compensation. Only one thing matters since the FCC ruling:
Is Comcast still using Sandvine (or anything else) to disrupt my torrent seeding?
I’d really like to know so I can relax some of the settings in my client (i.e. forced RC4 encryption).
@49
Possibly the most ill-informed thing I have ever read. Almost all computer tech comes out of Silicon Valley. If you play video games, many of the worlds best developers are western developers and some of the best games have come out of American devs. TV/Movies/Music… do we really need to even have that debate? If you watch some of the stuff that is on TVs in other countries, you would find them severely lacking in all areas from acting, production values, plots etc. To all those saying down with USA, grow up, because I am sure you benefit from the USA on a daily basis and are too ignorant to realize this. Grow up and educate yourselves… or go kill yourselves and take yourself out of the gene pool.
Many of you are living in the dark about a lot of things. It takes work, effort and money from someone to create many of the files that are illegally being shared via BitTorrent. If you were the one who had their work being stolen en masse you might feel different. That being said, I use BT to trade illegal files and I use Comcast unfortunately. Comcast is in the wrong because they were deceptive about their practices; had they been upfront people would not have signed contracts with them and they know that.
I think Comcast techs report to certain dark friends who has an expensive laptop after connecting it to high speed. The only people to know that a person has a new high dollar laptop is comcast install techs.. then mysteriously those folks are robbed of their new high dollar laptops. coincidence? maybe. Maybe not!
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