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The main problem is that Comcast has gone on record denying they do this yet it has been proved they do. They say they offer unfettered (release from restraint or inhibition) access to the internet which if they are limiting a users download ability is a false claim. They are going to lose this lawsuit.
From their site:
Do you block access to peer-to-peer applications like BitTorrent?
No. We do not block access to any Web site or applications, including BitTorrent. Our customers use the Internet for downloading and uploading files, watching movies and videos, streaming music, sharing digital photos, accessing numerous peer-to-peer sites, VOIP applications like Vonage, and thousands of other applications online.
Do you discriminate against particular types of online content?
No. There is no discrimination based on the type of content. Our customers enjoy unfettered access to all the content, services, and applications that the Internet has to offer. We respect our customers' privacy and we don't monitor specific customer activities on the Internet or track individual online behavior such as which Web sites they visit. Therefore, we do not know whether any individual user is visiting BitTorrent or any other site.
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