lperdue
join:2008-03-11
Sonoma, CA
| Re: Comcast Bandwidth Abuse/Limits - Discuss here only well, it's a contractual sort of thing. They promise one thing and they deliver another. The data is very clear that the bandwidth is there and they're throttling it ... They've also made representations that prompted me to rely on those representations ... to the detriment of my business.
Those both fall into tort category which does offer me grounds.
I will probably bring this in Small Claims court which evens the playing field. Sure it limits me to $7,500 PER INFRACTION but that's better than allowing them to escape entirely.
Plus there are class action lawsuits already filed.
And I don't think they -- or the FCC and the FTC -- will be happy with the suit or the YouTube video. | |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs:
| Re: Comcast Bandwidth Abuse/Limits - Discuss here only I think your wrong. I believe their TOS say "Up To" ands make all sorts of disclaimers.
and you have offered no proof of anything actually.
But good luck anyway
--
"A foolish consistency is the hobgoblin of little minds."
- Ralph Waldo Emerson
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 | lperdue
join:2008-03-11
Sonoma, CA
| Re: Comcast Bandwidth Abuse/Limits - Discuss here only Hobgoblin: I'll be posting the video of a dozen sessions showing the throttling in action. Just got to find time to edit down for YouTube length.
And "Up to" legally must approximate the touted speeds, otherwise it becomes false and deceptive advertising.
15 or 2OK is a loooooong way from 150K.
And I've never even seen CLOSE to the "up to" except for the first few seconds of a transfer before the throttling chokes it back by 90% | |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs: | Re: Comcast Bandwidth Abuse/Limits - Discuss here only So what actual PROOF do you have?
Hob | |
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funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
 ·Verizon Online DSL
 ·Skype
| Okay - I looked at the JPG. Let's see if we can strengthen it. This won't get you to "proof," but it does make for better evidence.
1. Can you demonstrate that the destination server can accept uploads at that speed?
2. You said before that you have both home and business accounts. Which account involves this JPG -- more importantly, what are its purchased speeds? Does it include PowerBoost uploads? (note. If it does include Powerboost uploads, this would explain why the speed falls off from the starting higher speed. Now the concern becomes why are both speeds so low?)
3. On that computer, have you performed the "tweaks" test here at DSLReports with a clean result?
4. Is it possible to take the same computer, files, etc.. to a non-Comcast connection and repeat the test in order to compare the results?
5. Have you exhausted the Tech Support resource such that they're sure there isn't a technical problem?
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon
"We don't throttle any traffic," -Charlie Douglas, Comcast spokesman, on this report. | |
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| | | lperdue
join:2008-03-11
Sonoma, CA
| Re: Comcast Bandwidth Abuse/Limits - Discuss here only Sorry to be gone so long ... had to make dinner ... Fettucini with linguica, sun dried tomatoes and a lot of garlic..
Anyway, while I was cooking, I uploaded the following which shows the raw video of the throttling process:
»ideaworx.com/home-comcast-030508···pets.avi
It needs editing (as I said previously) and has about a dozen sessions. The first is like 3 minutes ... the rest are closer to 30 sec.
What they show (look in the lower, right hand corner under "speed") is the transfer starting at the higher speed and then dropping shortly afterwards.
I have another .avi on my office computer that shows the same pattern.
I've had Comcast to both locations three times. The last time I called they said they would charge me $19.95 to have someone come out.
I have performed the tweaks test. I'm good on that.
Both my hosting services are pissed and will give me an affidavit on the minimum 12 Mbits/sec I can have if I can get that connection.
I do not have a way to test on a non-comcast connection. Wish I did. | |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs: | Re: Comcast Bandwidth Abuse/Limits - Discuss here only "Note that the minimum is 5 Mbps ... I pay for more than the minimum."
I am assuming that is download. | |
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| | | | | | lperdue
join:2008-03-11
Sonoma, CA | Re: Comcast Bandwidth Abuse/Limits - Discuss here only both ways. and that's bare minimum. That's to and from my server. | |
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs: | Re: Comcast Bandwidth Abuse/Limits - Discuss here only So for proof....
We need to see something uploading at that speed. | |
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| | | | | | | | lperdue
join:2008-03-11
Sonoma, CA
| Re: Comcast Bandwidth Abuse/Limits - Discuss here only Yeah, which means I need a connection other than comcast.
If you or anyone else has a suggestion on how I might get that, then I am all ears.
I don't need an upload at my paid-for server speed. I just need something better than 17 Kbps from Comcast.
The .avi clearly shows the throttling, the higher speed connection and the down grading over time.
The hosting service will be providing the affidavit regarding the bandwidth for the law suit. | |
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| | | | | | | | | lperdue
join:2008-03-11
Sonoma, CA | Re: Comcast Bandwidth Abuse/Limits - Discuss here only I'm offline for tonight. My day begins at 4:30 am. | |
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funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
·Verizon Online DSL
·Skype
| said by lperdue  :Yeah, which means I need a connection other than comcast. If you or anyone else has a suggestion on how I might get that, then I am all ears. There are several companies that sell VPN services. Most are marketed to travelers who frequently use hotspots in public places. One is called www.hotspotvpn.com -- which I only mention because it comes up first in Google when I search on those two terms. You might also search the terms anonymous VPN -- since Comcast et. al. has declared war on some of its users, such services have become popular.
If Comcast is having undue influence on FTP uploads, a VPN will keep them from being able to detect the protocol you are using.
I would also like to suggest that you hit the "hey mods" button and perhaps get this Topic broken out for some additional opinions. I looked at your recording and I can't explain what I'm seeing. It's not PowerBoost (that would stay high for a while, then drop abruptly -- your speed slows very gradually by comparison. It isn't related to abuse/limits/caps. By sticking it in here, I'm afraid that you're limiting its exposure and people who could help are not seeing it.
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon
"We don't throttle any traffic," -Charlie Douglas, Comcast spokesman, on this report. | |
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