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Old 09-04-2009, 09:52   #382
Gary L
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Re: Legal action taken against Virgin Media throttling practices

Quote:
Originally Posted by beeman View Post
I suspect the reason we havent heard any updates is because the case is now in court http://www.cableforum.co.uk/board/12...ttish-law.html

and it appears hes already won a partical victory (scottish custmers are coveed by scottish law not english law as VM claim)
I think the thing that will help this case in court is the proof that they originally said that it was due to 5% of people that were affecting other users and the reason for STM. this was changed within a month to just 3%, and then changed again within a month back to 5%.

Any higher than 5% is when questions can start being asked of Virgin by OFCOM etc, you could argue that 5% isn't the true figure as it has been claimed to be just 5% since May 2007 when STM was introduced.

That's almost 2 years at just 5%. no higher, and never over the questions being asked level. even though speeds have since got faster and the STM rules have been changed. that plus the many thousands of additional customers taken on adding to the load.
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