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Forums » Bell Faces Class Action Lawsuit for Throttling
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Comments on news posted 2008-05-31 10:59:16: Consumers have come together in Canada in a class action lawsuit against Bell Canada for the company’s practice of throttling traffic. There are two charges involved in the lawsuit. ..

page: 1 · 2
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chronoss2008
Premium
join:2008-03-29
Only in QUEBEC

UM this is only IN QUEBEC
NOT the rest of canada , seems no other lawyers have any balls or any rich kids money to doante to the BS bell has put people though.....


Devanchya
Smile
Premium
join:2003-12-09
Ajax, ON
·Bell Sympatico

It's only in Quebec, because it's a Civil case, which is not possible outside of Quebec in Canada.

Quebec has a completely different legal system than the rest of Canada and the US.

That's the main reason why most contests are not valid in QC.


TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
 Waste of time; lawsuit can't beat legal muscle of Bell

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.


adisor19

join:2004-10-11
reply to Devanchya
Re: Only in QUEBEC

Indeed. Times like these make me proud to be a Quebecker
The little man stand up to the monopolistic practices of Hell.

Adi

geowil

join:2008-04-20
Laveen, AZ
·Qwest.net
·Cox HSI


1 edit
reply to TKJunkMail
Re: Waste of time; lawsuit can't beat legal muscle of Bell

said by TKJunkMail See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
what ever happened to honest to god politics? it makes me ill to think how judges and DA's and etc can be bought. guess it just goes to show how morally bankrupt the world is these days.

then again, isnt that illegal? i know somewhere on this planet it has to be xD.


Kardinal
Canadair CT-114 Tutor
Premium
join:2001-02-04
N of 49th
clubs:

reply to TKJunkMail
said by TKJunkMail See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
This is the same province who's judges just re-wrote the interpretation of law (in the opinion of the majority of legal opinions) with the court of appeal's overturning of a lower court ruling about BCE bondholders and the pending takeover of the company by OTPP. We'll see how the Supreme Court goes on that one, but never underestimate the Quebec court system's ability to interpret the law in new and interesting ways -- it's a bit like the SCOTUS and election results.
--
All of us get lost in the darkness, dreamers learn to steer by the stars
All of us do time in the gutter, dreamers turn to look at the cars -- Peart/Lee/Lifeson
Join Team Helix


n2jtx

join:2001-01-13
Glen Head, NY
·Optimum Online

reply to Devanchya
Re: Only in QUEBEC

said by Devanchya See Profile :

It's only in Quebec, because it's a Civil case, which is not possible outside of Quebec in Canada.

Quebec has a completely different legal system than the rest of Canada and the US.
Only for civil cases, not criminal cases. Criminal code is uniform throughout Canada (which is a hell of a lot better than what we have here in the United States). The rest of Canada and the United States is derived from English Common Law. Quebec is derived from Code Napoléon.


TOPDAWG
Premium
join:2005-04-27
Midland, ON
reply to TKJunkMail
Re: Waste of time; lawsuit can't beat legal muscle of Bell

Ever time this stuff in Canada is talked about you make a post. Have you ever even lived in Canada?


Quake110

join:2003-12-20
Ottawa, ON

2 edits
Only in Québec... as others noted

But it should be interesting because Québec uses the civil law, hence, they are not bound by precedents like in the common law.


Quake110

join:2003-12-20
Ottawa, ON
·Velcom

reply to TKJunkMail
Re: Waste of time; lawsuit can't beat legal muscle of Bell

said by TKJunkMail See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
Just a question, have you lived in Québec to make that assumption?


Manitobain

@shawcable.net
 reply to geowil
Corrupt Judges?

Harper is trying to get the right wing religious nutcase Vic Toews installed as a judge in Manitoba.

Now...THAT is scary.

lrtc

join:2004-06-05
Toronto
Why?

Why just bell I mean rogers does it to?


Jackoxs

@telus.net
Fight The Power.

Its about time someone took a stand!


metalhawk

join:2007-02-06
Nepean, ON

reply to lrtc
Re: Why?

said by lrtc See Profile :

Why just bell I mean rogers does it to?
Because Rogers isn't available in Quebec.

bathurst

join:2005-05-29
Davis, CA
reply to TKJunkMail
Re: Waste of time; lawsuit can't beat legal muscle of Bell

Doing what's right may fail continuously, but this is never a waste of one's time.

Bruce


amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

Contradiction?

I don't understand the part about throttling being inconsistent with constant speed guarantees. If my ISP guaranteed constant speed, to me that would mean making sure some users don't consume all the bandwidth. It would imply throttling to me. Not unlimited bandwidth.

Mark


Jcab

@bell.ca
80% ??

Anyone have the explanation of 80%?? I thought the throttling was only in the evening... How is that 80%??


chronoss2008
Premium
join:2008-03-29
·TekSavvy Solutions..
·Bell Sympatico


4 edits
Boy are you guys stupid

you make it sound like rest of canada has no civil authority
THEY DO
AND BELL CAN BE SUED civilly class action wise ANYWHERE

SONY was sued class action in ontario
and have a look at all the class action google can find
»www.google.ca/search?q=class+act···irefox-a

And i will note that sony class action that resulted in a win, if bell/rogers wish to continue spreading FUD to prevent ontario and other places from suing that is there prerogative but know that the rest of us aren't fooled.

We pleasantly await some nice soul with either the money to start it, or a kind lawyer who will go for it.
------------------------------
About Class Action Lawsuits in Canada

A class action allows one person, called a representative plaintiff, to start a lawsuit on behalf of himself/herself as well as all others who fit into the defined class, subject to the rights of class members to withdraw or opt-out. This means that a single person can commence a class action on behalf of hundreds or thousands of people.

Ontario, British Columbia, Quebec, Saskatchewan and Newfoundland are the only five provinces in Canada with Class Action Legislation in effect. The Supreme Court of Canada has recently ruled that court procedures allowing representative actions can be interpreted so as to allow for class actions.

Class action legislation in Canada allows greater access to justice by permitting groups of people who are similarly affected to join together in commencing legal action.

»www.avalanchesearch.com/classactionlaw/

I am going to call the number will you?

Roop

join:2003-11-15
Ottawa, ON
·Cybersurf Corporat..

reply to amigo_boy
Re: Contradiction?

what is of significant importance is bell is deciding that bittorrent traffic is not as high a priority as other traffic. what's being fought for is to keep telecom companies from prioritizing traffic based on it's content.

they also have bandwidth caps ontop of this.

said by amigo_boy See Profile :

I don't understand the part about throttling being inconsistent with constant speed guarantees. If my ISP guaranteed constant speed, to me that would mean making sure some users don't consume all the bandwidth. It would imply throttling to me. Not unlimited bandwidth.

Mark


amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com


1 edit
said by Roop See Profile :

what is of significant importance is bell is deciding that bittorrent traffic is not as high a priority as other traffic.
It still seems like a stretch to say throttling is inconsistent with guaranteed constant speed. If my ISP made that promise, I would assume this means they are going to throttle things so everyone can have constant speeds.

Also, throttling BT doesn't seem earth shattering to me. If a bunch of people were using http to download files in a batch-like manner, I'd expect it to be lower priority. If they're serving packets they received, I could see even greater reason to throttle it.

If people oppose this, that's ok. But, using "constant speed" as the argument doesn't seem to be the issue. It looks more like they want batch, non-interactive services to be as fast as interactive. And, they want to perform server operations.

Mark
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