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Comcast Flips, Flops Way Around Throttling Lawsuit
Now says the FCC does have authority over them....
by Karl Bode 10:16AM Thursday Jul 10 2008
A federal judge in California has granted Comcast's request to suspend a lawsuit in California over their traffic shaping practices until the FCC has finished their investigation. Ironically, while Comcast has argued on the federal level that the FCC lacks the authority to punish them, they're arguing in California that the FCC does in fact have that authority, making these localized lawsuits unnecessary. From Comcast's filings in California:
quote:
Click for full size
This issue – i.e., the reasonableness of a broadband provider’s network management practices – has, however, been firmly placed within the jurisdiction of the Federal Communications Commission (“FCC”), an administrative agency whose authority to regulate internet broadband access companies’ services is well-established.
Yet earlier this month Comcast insisted the FCC had no authority over Comcast's network management, Comcast Executive VP David Cohen even going so far as to hint that they'd sue the agency should they try to prove otherwise:
quote:
"The congressional policy and agency practice of relying on the marketplace instead of regulation to maximize consumer welfare has been proven by experience (including the Comcast customer experience) to be enormously successful," Cohen says. "Bearing these facts in mind should obviate the need for the Commission to test its legal authority."
While initially denying the practice, Comcast currently throttles upstream BitTorrent traffic for all users 24/7 using forged TCP packets. This tactic will be scrapped at the end of the year in favor of hard 250GB caps, increased DMCA enforcement, and targeted throttling. It's unlikely that the FCC's investigation into Comcast will end with anything more than a wrist slap over transparency (or the lack thereof) and a small fine.

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POB
Res Firma Mitescere Nescit
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join:2003-02-13
Stepford, CA

1 recommendation

Business As Usual

while Comcast has argued on the federal level that the FCC lacks the authority to punish them, they're arguing in California that the FCC does in fact have that authority, making these localized lawsuits unnecessary.


Just another case of yet another giant American corporation (1) Cherry-picking as to when it wants to be regulated vs. not, and (2) Demonstrating what a complete and utter joke the FCC is.
--
The Toll

Tracking Lord Stanley

FFH5
Premium
join:2002-03-03
Tavistock NJ
kudos:5

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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POB
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Stepford, CA

2 recommendations

Re: Business As Usual

said by FFH5:

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.
--
The Toll

Tracking Lord Stanley
garmst

join:2000-09-17
New York, NY

Re: Business As Usual

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

Re: Business As Usual

said by garmst:

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?
TIGERON

join:2008-03-11
Pacifica, CA

1 recommendation

Company is run by liars.

newview
Ex .. Ex .. Exactly
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Parsonsburg, MD
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Re: Business As Usual

said by TIGERON:

Company is run by liars.

Bingo

meister_sd
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La Mesa, CA
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said by POB:

Just another case of yet another giant American corporation (1) Cherry-picking as to when it wants to be regulated vs. not, and (2) Demonstrating what a complete and utter joke the FCC is.
Amen, Brother!

cork1958
Cork
Premium
join:2000-02-26

Re: Business As Usual

said by meister_sd:

said by POB:

Just another case of yet another giant American corporation (1) Cherry-picking as to when it wants to be regulated vs. not, and (2) Demonstrating what a complete and utter joke the FCC is.
Amen, Brother!
Yep, double that amen, brother. Just another way for the rich and mighty to payoff whoever they may need to, to trample whomever they may need to.
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DaveDude
No Fear

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New Jersey
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Hammer Grannie should be there new logo

Comcast we will hammer you, just like grandma did to us.

Dogfather
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Laguna Hills, CA

Re: Hammer Grannie should be there new logo

I prefer the sleeping tech.

dvd536
as Mr. Pink as they come
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Re: Hammer Grannie should be there new logo

said by Dogfather:

I prefer the sleeping tech.
Exploding house could be nice too.
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Rob
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2 edits

1 recommendation

Picture..

Is DSLReports paying Mona Shaw a royalty fee everytime they use her picture?

POB
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Re: Picture..

said by Rob:

Is DSLReports pay Mona Shaw a royalty fee everything they use her picture?
(1) What exactly does that have to do with the subject matter?
Go off topic much?

(2) Not every image used in the public domain gets a royalty fee, whatever that is. At least try reading Copyright 101 first when you decide to go OT to sound intelligent.
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whoosh

@verizon.net

Re: Picture..

said by POB:

said by Rob:

Is DSLReports pay Mona Shaw a royalty fee everything they use her picture?
(1) What exactly does that have to do with the subject matter?
Go off topic much?

(2) Not every image used in the public domain gets a royalty fee, whatever that is. At least try reading Copyright 101 first when you decide to go OT to sound intelligent.
Whoosh...........

Rob
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Reviews:
·Comcast
said by POB:

said by Rob:

Is DSLReports pay Mona Shaw a royalty fee everything they use her picture?
(1) What exactly does that have to do with the subject matter?
Go off topic much?

(2) Not every image used in the public domain gets a royalty fee, whatever that is. At least try reading Copyright 101 first when you decide to go OT to sound intelligent.
I'm sorry you don't know what a royalty fee is. Maybe you should look it up before you try to sound intelligent and troll my posts.
SilverSurfer1

join:2007-08-19

Re: Picture..

said by Rob:

I'm sorry you don't know what a royalty fee is. Maybe you should look it up before you try to sound intelligent and troll my posts.
LMAO. No, you're not. You're just ticked because someone called you out on your usage of royalty fees which BTW has nothing to do with copyright. A royalty fee is a payment made for the usage of a Patent. Two entirely different items, there, champ.

LeftOfSanity
People Suck.

join:2005-11-06
Dover, DE

Re: Picture..

said by SilverSurfer1:

said by Rob:

I'm sorry you don't know what a royalty fee is. Maybe you should look it up before you try to sound intelligent and troll my posts.
LMAO. No, you're not. You're just ticked because someone called you out on your usage of royalty fees which BTW has nothing to do with copyright. A royalty fee is a payment made for the usage of a Patent. Two entirely different items, there, champ.
Well songs arent patented are they?

Why do artists get paid royalties when a tv commercial uses thier song?
SilverSurfer1

join:2007-08-19

Re: Picture..

said by LeftOfSanity:

Well songs arent patented are they?
Bzzt. Nope. Copyrighted. That's what the little "C" with the circle means after the title.

said by LeftOfSanity:

Why do artists get paid royalties when a tv commercial uses thier song?
Because the word "royalty" has been used and abused ad nauseum by writers who didn't bother to determine what the definition of the word actually was before they used it.

ReformCRTC
Support Your Independent ISP

join:2004-03-07
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Re: Picture..

Copy WRONG. It's a copy WRONG law.

jt4

@comcast.net
he is asking a question not making a statement. and your the stupid*ss if you get made when people ask questions.

hopeflicker
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said by Rob:

Is DSLReports paying Mona Shaw a royalty fee everytime they use her picture?
who gives a f_ck!
--
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Scarrier

join:2007-03-11

Re: Picture..

said by hopeflicker:

said by Rob:

Is DSLReports paying Mona Shaw a royalty fee everytime they use her picture?
who gives a f_ck!
I don't

ReformCRTC
Support Your Independent ISP

join:2004-03-07
Canada

Re: Picture..

Not even a standing still fuck, let alone a flying one.

fruhead

join:2002-01-29
Mosquito,NJ

Color me impressed...

well, so far this conversation sure has shown a great deal of intelligence.