Comcast, FCC and throttling (2)

In July, FCC ordered Comcast to stop throttling P2P connections ( See Comcast throttling BitTorrent: trouble). On Thursday, Comcast challenged the decision at in the U.S. District Court of Appeals in Washington. Nevertheless, Comcast will comply with the FCC order. Comcast has to stop discrimination before end of the year.

Meanwhile, two consumer interest groups and a company seek an order of court to have Comcast stopping immediately the throttling. The company is Vuze Inc. that distributes a software Vuze formerly known as Azureus. Azureus is one of the P2P software built on top of BitTorrent. Azureus has a serious “market share”.

Comcast has prepared its next move. On 1st October, Comcast will install a monthly maximum download capacity of 250GB for residential customers. This remains a rather high capacity. It represents 300 SD DiVXed movies and around 100 HD movies. Not too bad.

We could have expected Comcast to announce throttling policy in the usage conditions. This limitation is another answer. What will other ISPs do?

FCC ruled against Comcast

Comcast was throttling BitTorrent. On Friday 1st August, FCC ruled against Comcast. Comcast is not allowed to block or throttle any P2P traffic. FCC pushes for strict net neutrality (regardless of the legality or illegality of the transferred data). Nevertheless, FCC did not fine Comcast.

FCC’s message is clear. Illegal activity on P2P cannot be fought through throttling or any other type of bandwidth shaping.

Comcast throttling BitTorrent: trouble

ISP throttling P2P networks is not new. But often, they just control the bandwidth once they identified P2P packets. It is why encrypting the transfer (BitTorrent has an encryption mode) often cures throttling. Comcast uses a new method, deployed by Sandvine, of throttling. When a comcast peer seeds a non-comcast user/peer, after a few seconds Comcast issues a reset (RST) packet to the non-Comcast user. This has two consequences:

  • The non comcast-user losses its seed
  • The comcast-user losses some upload bandwidth. This may have an impact on the transfer ratio in case of private P2P. In these P2P network, the more you seed, the more and faster you receive

Of course, the community immediately reacted and worked on the problem. The nicest solution is based on the use of Linux Firewall. It is possible to filter the RST packets, thus stopping the throttling. Some sites provide all the information to setup the filtering for different Linux distributions ( For instance Tux training)

But was is more interesting is the reaction of the FCC. It is expected that FCC will order Comcast to cease throttling. According to a majority of members of FCC, they believe it is illegal to throttle without informing customers. Decision to be announced in the coming days.

We may expect some ISPs soon to change their licensing conditions and put in it that they may throttle. If there is an obligation to announce clearly throttling, this will be an argument for choosing his/her ISP (with or without throttling).

Some notes about Broadband World Forum Asia 2008

I chaired the Hot Session at this conference. The topic was “Peer To Peer: opportunity or threat?” The two panelists were rather in favor of P2P although they highlighted some threats. The best quote from Shashi: “P2P means also People To People” I love this one.

Two sessions were interesting from the security point of view. The first one was “VoIP security: Myths and Realities”. The papers were not technically detailed. The most interesting part was the discussions and Q&A. Final conclusion: “Encryption for VoIP is probably useless from the security point of view, nevertheless it makes people feel more comfortable.”
The risk of eavesdropping in a cafe the unsecure wireless transmission is probably not serious. There are easiest ways to listen the speakers such as being near or high quality microphones. The risk of a eavesdropping by government wiretapping is balanced by the legal requirement asking for such feature. In other words, if you want it to be secure, either use an independent scrambling codec, or use a VPN.

The second session was “Monetizing Content: 360 degree view of the customer”. Two speakers were extremely interesting. Daniel Brody VP of Tudou (The Chinese YouTube), and Ringo Chan VP of Tuner International. Some interesting comments/facts. According to Mr CHAN, the release window of VOD will soon coincide with the release window of home rental, i.e., the DVD sales. Currently, VOD occurs one to 3 months after DVD release. The future of VOD will be difficult in China when you find high quality DVD for 1$ at each corner street months before the official DVD release. Tudou succeeded to have a commercial agreements with Chinese content providers. It was far easier than with Western content providers. Chinese content providers do not have complex business models such as windows release. An interesting revelation from Dan. User Generated Content (UGC) is about buzz. And it is extremely easy for UGC sites to create the buzz on the clips they want to promote. He revealed that they are very good at this game.

Mininova will reach the 5 billions downloads

Many torrent tracker sites compete. Thus, they publish data such as number of available torrents, of registered users, of seeders and leeches. One of the most important sites, mininova publishes the number of downloaded torrents: 4.918.964.636. At their current pace, mininova will reach the threshold of 5.000.000.000 downloaded torrents in a few days.

I find this figure more interesting than the other ones. For instance, the number of available torrents is not really meaningful. Many torrents are not active (thus the health bar on any site). Mininova publishes other data. The distribution of the type of downloaded contents is interesting. 39% are on TV series, 22% on movies, and 20% for music. The most downloaded torrent is episode 17 of Heroes’s first season. This craze torrents of TV series is extremely interesting and should be carefully analyzed by broadcasters.

In any case, BitTorrent is really the protocol of choice. Many progresses have been done both by the software themselves and by tools allowing search (BitCHe, TorrentFinder toolbar, …), making them easier to use.

TorrentSpy: second round for studios

 End of March, under the pressure of studios TorrentSpy ceased to work (see TorrentSpy: first round for studios. A Californian federal judge knocked down for a second time TorrentSpy. The judge ordered TorrentSpy to pay 111M$ (72M€) to MPAA. This high penalty is mostly due the accusation that TorrentSpy destroyed evidences. TorrentSPy refused to gave information about its “customers” and destroyed the corresponding data.

Having ceased any activity, TorrentSpy will not be able to pay MPAA. But the message is a strong warning for tracker sites based in the United States. Will it have any impact on the other tracker sites (for instance The Pirate Bay, or Mininova)?

P2P: is giving access illegal?

Two US judges gave a different answer to the question: “Is putting a copyright content in a folder accessible to P2P share illegal?” According to Judge Kenneth Karras of New York, it is illegal, whereas for Judge Nancy Gertner of Boston it is not an infringement until the content has been downloaded by someone. Nevertheless, both judges agree that downloading copyright content is an infringement. The judgments are not final.

Would Judge Nancy Gertner confirm her decision, then it would open new perspectives in future trials.

  • Content owners will not have to prove the exposure of copyrighted content, but would have to prove the actual download of the exposed content by someone else.
  • Content owners should probably also have to proof that the exposure was deliberate. Known examples have illustrated that people may inadvertently expose data to peer to peer networks. See Confidential data and P2P

An interesting issue to be followed.