  J D McDorce Premium join:2001-12-29 Westland, MI
1 edit | reply to MrChupacabra Re: [News] Comcast imposing invisible caps again
said by MrChupacabra :Well outside of the obviousness of this link ( » www.comcast.net/terms/index.jsp ) the reason you most likely got those notices is you would have had to have so much going on for your downloading that you started to negatively impact performance for the area you are in. When that happens they'll notify you to calm it down a bit. While it may be a case of that was then and this was now, Comcast was extremely cautious in the past not to cite that specific verbiage of the TOS in their previous bandwidth abuse notifications to customers. Why they didn't is somewhat speculative, however, it doesn't take too much intuitive logic to realize that effecting the performance of other customers is a multi-faceted set of circumstances involving: 1) load placed on the system by an individual user; 2) load placed on the system by other users; and 3) capacity of the system. While it may be easy to single out a single user, capacity of the specific system segment is something wholly within Comcast's control, as is monitoring of the local segment and managing the segment with respect to load.
There is no denying that effecting the performance of other users is a clear provision of the TOS. My point is that Comcast has historically been reluctant to cite this section during abuse enforcement, largely because it infers a negative reflection on their ability to manage the effected network segment. |