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« Color me impressed...  
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TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast

reply to major marco
Re: Business As Usual

The judge made the decision - not Comcast.

And Comcast comments on the subject:
A Comcast spokesperson denied there was any contradiction "What we have argued in the Hart case is that the FCC believes it has jurisdiction here, and the court should wait to see what action the FCC takes," the spokesperson said.

At the same time, federal judges in Washington, who would decide any appeal of the FCC's actions, won't necessarily come to the same conclusion as a federal judge in California.

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major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA
clubs:

said by TKJunkMail See Profile :

The judge made the decision - not Comcast.

The judge did, in fact, make the decision, however Comcast's attorneys made the argument. You make it out like the California judge made it entirely on his own without either side having said anything and that's just not accurate. It is your one-sided opinion.
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garmst

join:2000-09-17
New York, NY
·Speakeasy

It is the job of COMCAST's lawyers to defend COMCAST's interest in court. It is the complaintants lawyers to argue its case as well. The judge applies the law to the process.

I expect and want COMCAST to pursue its interests in court. Its job is not to lie down and be trampled by the litigants. COMCAST's lawyers made a good argument and the judge accepted it. Good job!

The case is suspended, not dismissed. It will come back another day.

moonpuppy

join:2000-08-21
Glen Burnie, MD
·Verizon Online DSL

said by garmst See Profile :

It is the job of COMCAST's lawyers to defend COMCAST's interest in court. It is the complaintants lawyers to argue its case as well. The judge applies the law to the process.

I expect and want COMCAST to pursue its interests in court. Its job is not to lie down and be trampled by the litigants. COMCAST's lawyers made a good argument and the judge accepted it. Good job!

The case is suspended, not dismissed. It will come back another day.
The problem becomes when Comcast jumps sides.

If Comcast argues that the FCC has no jurisdiction and wins, then if they ever argue that the FCC does have jurisdiction, the precedent only hurts them.

What are Comcast's lawyers going to say? They were mistaken the first time? That they were for it before they were against it?
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Forums » Comcast Flips, Flops Way Around Throttling Lawsuit« Color me impressed...  


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