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Lawsuit against Comcast network management unlikely to go anywhere; court likely to defer to FCC

A San Francisco Bay subscriber of Comcast, Jon Hart, has filed a lawsuit against Comcast, for interfering with his file sharing, prompted by the AP story that alleged "Comcast Blocks some traffic."

  • Given that the AP was the first to file this story on its own story, (how convenient) it will be interesting to learn what ties, if any, Mr. Hart has to the AP reporter, or to the pressure groups behind the FCC petition, like's FreePress, Public Knowledge et al.

I doubt the court will waste much time on this lawsuit given that the normal avenue of recourse, in the appropriate governmental venue, is already being pursued by the petitioners at the FCC.

  • Usually courts are more than busy enough -- than to look for time-consuming, complex, minutia-laden cases, when normal established procedure and process (and Supreme Court doctrine) provide the court an easy way to defer to the expert government agency empowered by Congress specifically to deal with this type of issue.
  • Going immediately to court, and not waiting for FCC action, undermines Mr. Hart's case tremendously.  

I guess that Mr. Hart and his lawyer are aware that this case will likely go nowhere, but viewed it as helpful to the "cause" -- since net neutrality pressure groups are in constant search of "news hooks" to push their net neutrality crusade.

  • And people wonder why our courts are so clogged...