Skeptical judges ask FCC if Comcast P2P smackdown was legal

[p2p rules]

Skeptical judges ask FCC if Comcast P2P smackdown was legal

Comcast has had its day in court over the issue of "network management." News accounts suggest that the three-judge panel from the DC Court of Appeals was plenty skeptical that the FCC had the proper authority to sanction Comcast's BitTorrent blocking in 2008.

It can be difficult to guess judicial decisions based on the judge's oral questioning of the lawyers, but it's certainly possible to see where judges are having trouble with an argument. In today's case, judges repeatedly went after the FCC's contention that it was acting legally in the Comcast case. Because Comcast's behavior ran afoul of an "Internet Policy Statement" rather than an official rule, the company claims that the FCC had no grounds for action until it made the Policy Statement into actual policy (which FCC Chair Julius Genachowski is trying to do right now).

arstechnica
Court to FCC: You Don’t Have Power to Enforce Net Neutrality

[GhostShip]

This matters little if the folks who suffered from the fraudulant sevice declarations of Comcast enjoin to act as a single body and sue them into the ground with a class action, so which is the cheaper option here for Comcast ?  pay a little now or pay heavily and lose tens of thousands of customers.

What Comcast did was wrong, paying for it is what the rest of us are told when we do wrong so why should Comcast be any different.