View Single Post
  #1 (permalink)  
Old April 8th, 2006
IPLawyer IPLawyer is offline
Novicius
 
Join Date: April 8th, 2006
Posts: 1
IPLawyer is flying high
Thumbs down Brooklyn NYC Firewall Problem NOT Limited to Limewire

I am in Brooklyn (near Kings Highway/Ocean Pkway area), and I have been having the same 'firewall' problem as described in the other postings. Not reading this forum, previously, I called Optonline tonight (Saturday) and was told the same 'line', that being that Cablevision is NOT blocking any ports nor are they "aware" of such problems. Then I was told about their so-called Terms of Conditions prohibiting file-sharing programs. Of course, being an IP attorney, I replied that such policies were not only nonsense but non-enforceable since unilateral proclaimations on a website is not the same thing as disclosure vis-a-vis a written contract with the consumers.

There are legal remedies, be it with the FCC, the New York State public service commission, the NYS Attorney-General's office, and of course, legal authorities in New York City since Cablevision is operating under an NYC granted exclusive cable internet franchise in their coverage areas.

Now the point of this posting: the firewall issue is NOT limited to Limewire; it seemingly applies to ALL file-sharing programs, be it BearShare, Morpheus and others, to name but a few.

As pointed out elsewhere, technical service insists of tracing data to see if the website is connecting and who's fault it is for not being connected. It seems that the issue is not totally not being able to connect to the program, but in the case of Morpheus--you can see the files but unable to download (e.g., no 'connection').

Others mentioned selective banning or rationing bandwidth, etc to selected, high-usage subscribers and those relying on them via their wireless USB receivers ("hot spots"). Somehow that seemingly is not the case since it would involve limited 'brown-outs' and not consist limitation of services. Such a policy, unmonitored and kept confidential, would risk too many legal issues, so I doubt it is that process.

Any subsequent news since the earlier postings?

IPLawyer
Reply With Quote