Quote:
Originally Posted by Rob
The real debate here, at least in England and Wales since Scottish Law can be slightly different, is whether or not, since Virgin Media are selling their services to consumers, the terms of their contract are fair.
Yes, Virgin Media aka Telewest / NTL have had terms in their contract purporting to allow revisions. But does that term muster scrutiny to the courts?
On the same principle, the concept of STM, capping, throttling or indeed restricting certain types of communications on a service purported to be unlimited, might also be considered by the courts to be an unfair term of contract.
As far as I know these are not matters yet tested in court. People can argue what they like about the wording of contracts and their merits. However legislation, particularly contract law can require the courts to look more closely. One would hope that the legal people at the likes of Virgin Media have thoroughly vetted their contracts, and other practices, against consumer and other case law.
I applaud the OP for his efforts towards bringing some legal clarity via the courts to the UK broadband industry as a whole. Whatever the outcome, the concerns over legality of caps, throttling and similar resurface periodically and it's time both consumer and provider had a definitive view so this can finally be put to bed.
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Well, Rob has identified the principle ethic of the case.
As with all branches of philosophy, an initial rule arises from a proposed theory. The rule is evolved by those who would stand on the shoulders of precedent makers. On the same basis, there sometimes arises in society a wrong so plainly apparent that it needs some sort of dispute resolution. These days, government intervention or courts are preferred over drawn swords and ale-house fisticuffs.
This forum has adeptly exposed dissatisfaction with the VM approach: viz, unilateral variance of contract and service restrictions sold as unlimited. Too many people have complained.
The principle ethic of the case is to explore in legal terms for the first time the rule or rules of law by which ISPs should abide by in the light of fairness and consumer protection. Win or lose, the result is that those coming after me[1] can evolve the principles of what is and is not fair practice within, after all is said and done, supply of a new technology of remarkable scope and power.
[1] I do not mean armies of disgruntled VM staff
