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Originally Posted by dr wadd
But they didn`t, did they? If you were with NTL from the early days of cable modem roll-out there weren`t any caps, so how could they have told customers about them from the beginning? Not to mention the fact that NTL actually did their best not to tell customers by slipping the changes out quietly on a Friday afternoon, and not to mention the fact that the manner in which they did it contravenes their own T&Cs and AUP, so if anyone took them to court then from a legal perspective it could be argued that NTL *haven`t* told customers everything they need to know.
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I agree with most of what you are saying but you are missing my point. Right from the start there have been T&Cs that say you should not use your connection for certain activites which included, amongst other things, not using it to transfer copyright material without the copyright holders permission. This term has been overlooked in much of the argument and discussion regarding caps but contravention of it by some customers is the prime reason for caps being introduced.