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Netflix Won't Back Down on Blaming ISPs for Congestion
by Karl Bode 10:44AM Tuesday Jun 10 2014
Yesterday in a blog post Netflix stated that the ISP-blaming congestion warnings warnings Verizon is threatening to sue over were part of a test Netflix is running that the company already planned to conclude on June 16. "We will evaluate rolling it out more broadly," stated Netflix. Somehow, this was construed by the media as Netflix agreeing to stop the warnings, though a legal letter sent to Verizon suggests otherwise.

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In a letter to Verizon (pdf) by Netflix General Counsel David Hyman, Hyman says Verizon's recent complaints "mischaracterizes" Netflix's efforts at greater transparency when it comes to causes of streaming performance issues.

The messages, Hyman states, "merely let our customers know that the Verizon network is crowded. We have determined this by examining the difference between the speed at which the Verizon network handles Netflix traffic at peak versus non-peak times."

Netflix again states that the congestion Verizon customers see is intentionally caused by Verizon's failure to upgrade peering capacity in order to nab direct interconnection fees. "We brought the data right to your doorstep...all you had to do was open your door," argues the company. Hyman also notes that Verizon has refused to participate in Netflix's free Open Connect CDN platform, which would improve performance for Netflix users.

"To try to shift blame to us for performance issues arising from interconnection congestion is like blaming drivers on a bridge for traffic jams when you're the one who decided to leave three lanes closed during rush hour," said Netflix.

"Regardless of this specific test, we will continue to work on ways to communicate network conditions to our consumers," states Netflix's lawyer. "We're also happy to work with you on ways to improve network transparency to our mutual customers."

Netflix did not provide Verizon with a list of all impacted customers and a technical justification for each subscriber message received, something Verizon stated would result in legal action. It's up to Verizon whether this proceeds to court, though as noted previously, if Netflix's claim that Verizon's intentionally letting peering points saturate to make a buck is true, the telco may not want the kind of transparency that could come with a court battle.

Netflix struck a controversial direct interconnection deal with Verizon back in April, but consumers have yet to reap any benefits from the deal. Verizon's FiOS Netflix streaming performance actually dropped two spots in the latest ISP rankings.


118 comments .. click to read

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openbox9
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join:2004-01-26
Germany
kudos:2

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reply to Skippy25

Re: So have they signed an agreement or not?

What happens if "net neutrality" doesn't change and the Internet continues operating as it has since inception? Netflix can, gasp, always force its transit providers to uphold their agreements and do what needs to be done to deliver the bits.



Flyonthewall

@206.248.154.x

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reply to ITALIAN926

Re: Cant always apply

Most homes are NOT 200 feet wall to wall, even if you include hallways and rooms, that's the dimensions of a store. Maybe 60 or 70 feet, but not 200. And most routers can operate in that distance adequately. If not, you re-position the router to place the center of the circle closer to midpoint.

This sounds like grasping for any excuse to avoid laying blame where it should be laid. If an ISP customer can't connect to any ONE content location on the NET its a problem, be it EBAY, AMAZON, GOOGLE, or NETFLIX: it's kind of odd that only NETFLIX suffers from this situation. I never hear people can't get their FACEBOOK farm game to work. Just the places that provide an alternative to incumbent broadcast television.


AVonGauss
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Boynton Beach, FL

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reply to nothing00

Re: So have they signed an agreement or not?

Nice theory, but that's just not how corporations work. If they wanted to do as you suggest they would have most likely offered a transit deal for NetFlix's in-house CDN that NetFlix would be unwilling to accept (i.e. jack up the price astronomically).



nothing00

join:2001-06-10
Centereach, NY

2 recommendations

reply to AVonGauss

Maybe they'd rather see Netflix "go away" than collect money from them.


AVonGauss
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Boynton Beach, FL

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reply to UnnDunn

To keep with the conspiracy theory that the ISPs are holding poor little NetFlix hostage for the hoards of cash the transit deal is going to bring them...

Why would Verizon drag their feet when they likely don't get paid fully until a certain SLA level is reached?



nothing00

join:2001-06-10
Centereach, NY

3 recommendations

reply to tpkatl

Re: Hilarious letter!

It may be more of a threat. Consider the dirty laundry that would come out and how people would feel about Verizon if what they were doing became general public knowledge supported by internal evidence.

To me, it reads, "keep it up Verizon and you're going to have a huge PR distaster on your hands". Similar to the bridge scandal.


tpkatl

join:2009-11-16
Dacula, GA

2 recommendations

Netflix's lawyer got in a great dig - great analogy to the Christie bridge scandal (closing three lanes on the bridge and then blaming the drivers for a traffic jam)



morbo
Complete Your Transaction

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reply to ITGeeks

Re: Congestion

said by ITGeeks:

Well if the real issue is congestion, VZ could start a sign-up block and really put a damper on Netflix. But then again; they'd cry about that too.

Consumers are hoping for that extreme action as it would be the last straw and realization by everyone that net neutrality is needed else the guys that own the pipes decide who wins and who doesn't. Dumb pipe providers should remain dumb pipe providers.

norm

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Pittsburgh, PA
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reply to ITALIAN926

Re: Cant always apply

said by ITALIAN926:

In circumstances that the customers smartTV or blu-ray is 200 feet from a router, or there is wireless interference, giving them poor throughput, how does Netflix justify stating that the problem is VERIZONS NETWORK? Just sayin...

It's my understanding that they only use the customer's connection as a trigger and then go on to see if a large number of other customers in the area are having similar problems in addition to some other metrics. If only a small subset of customers are having problems because of their home connection, they shouldn't receive a message stating that it's the ISP.


ITALIAN926

join:2003-08-16
kudos:2

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In circumstances that the customers smartTV or blu-ray is 200 feet from a router, or there is wireless interference, giving them poor throughput, how does Netflix justify stating that the problem is VERIZONS NETWORK? Just sayin...