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Old 13-03-2009, 21:21   #287
Mike_A
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Join Date: Mar 2009
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Re: Legal action taken against Virgin Media throttling practices

Quote:
Originally Posted by BenMcr View Post
Hmm. From the way I understood it - no.

Virgin have the ability to send whatever config profile they like to your modem - as the speed uplifts show.

So I always assumed that this is all they did - you hit X threshold they send Y config profile which sets your modem to Z speed. After the time period is up they then send the config profile that matches your original tier.
Helpful - thanks. Gives me something of a dilemma though.

Thinking out loud: if this is purely what VM do it means that for node-wide sudden drop then all or most modems are being issued with profile-based speed reductions. Ergo, this infers not just traffic management at client level but that VM actively engage in reducing service not on a personal use basis but for their own reasons. That would imply fraud more than anything else against normal users. Also, it implies direct interference on a one-to-one level with a client's computer system in so far it has access to free use of Internet within a person's home, and that across all clients. Accordingly, there is a wide scale abuse of computer misuse legislation.

Balancing those thoughts, this means that if VM wanted to they could address their overall problem and the dissatisfaction displayed on this forum by taking active measures against high bandwidth users and leaving others free to enjoy their service.

Need to think and research more. It doesn't quite explain the test data I have but could prove to be an additional problem: especially if sales staff know of this and continue selling unlimited service. Crucially, though, it does mean that VM can resolve my action against them immediately and without the inevitable corporate effects of going through court procedure.

Update:
Just seen Broadbandings post following Ben's one I responded to. It makes much more sense and sits within the ambit of the evidence I have. Same legal issues for VM then.
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