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Forums » Comcast Sued For Traffic Shaping (Again) » Sorry but..
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Mutiny32
Network Security Engineer

join:2000-07-04
Lees Summit, MO

reply to Rick
Re: Sorry but..

You cannot argue in court that these users are using a legitimate (and highly efficient) file-trading protocol that creates a more distributed, dynamic, and therefore resilient environment (think, that's what the Internet was originally designed for) to commit illegal activities. In case you didn't know, There are many, MANY legitimate BitTorrent protocol implementations that you don't even know of. Steam, Vuze, NetFlix, and just plain users/developers of the countless number of Linux distributions that don't have the money to have a dedicated pipe to share a single whole file to thousands or even millions of users at one time.

You cannot prove beyond a reasonable doubt that the protocol is obtrusive and degrading to a network for the sole use of trading and distributing illegal content.

SilverSurfer

join:2007-08-19


edit:
February 21st, @02:37PM

said by Mutiny32 See Profile :

You cannot argue in court that these users are using a legitimate [...]
I agree with your overall general opinion on this matter but, actually you can argue whatever you want...you'll look like an idiot in front of the judge without appropriate cites, but that is a separate matter.

said by Mutiny32 See Profile :

You cannot prove beyond a reasonable doubt that the protocol is obtrusive and degrading to a network for the sole use of trading and distributing illegal content.
Reasonable doubt only applies to criminal cases. This is civil. The significantly lesser burden is the preponderance of the evidence.
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