T-Mobile's Binge On Violates Net Neutrality, Says Stanford Report (tmonews.com)
An anonymous reader writes: The debate over whether or not Binge On violates Net Neutrality has been raging ever since the service was announced in November. The latest party to weigh in is Barbara van Schewick, law professor at Stanford University.
In a new report published today — and filed to the FCC, as well — van Schewick says that Binge on "violates key net neutrality principles" and "is likely to violate the FCC's general conduct rule." She goes on to make several arguments against Binge On, saying that services in Binge On distorts competition because they're zero-rated and because video creators are more likely to use those providers for their content, as the zero-rated content is more attractive to consumers.
In a new report published today — and filed to the FCC, as well — van Schewick says that Binge on "violates key net neutrality principles" and "is likely to violate the FCC's general conduct rule." She goes on to make several arguments against Binge On, saying that services in Binge On distorts competition because they're zero-rated and because video creators are more likely to use those providers for their content, as the zero-rated content is more attractive to consumers.
Lobby lobby lobby lobby lobby...
Any content provider can sign up to be part of Binge On. You want to participate great! If not well beware the consequences.
So, T-mobile puts a program in place that benefits its customers by keeping streaming content off the meters, and this is a problem? Who was net neutrality supposed to benefit again?
sig: sauer
From TFA:
van Schewick second argument is that Binge On limits user choice because it allows customers to watch an unlimited amount of some services but a limited amount of others. She uses Amazon Prime as an example of a provider that would be limited with Binge On, but that service was added to the free streaming portion of Binge On yesterday.
[emphasis added]
If it weren't for deadlines, nothing would be late.
I hope they make a similar ruling about Comcast and how their own internet streaming options don't count towards the data cap but Netflix does.
FCC Complaint site
And please forward this link so TMobile is smacked down hard and fined. If end-runs around NN are allowed to fly, we're going to see more of these flagrant "opt-out" violations from your ISPs to the point you'll have to hire someone to disable them every month for non-throttled Internet service.
As long as they continue allowing any steaming service to participate without favoritism, it's not a neutrality problem. The instant they deny _any_ streaming provider who meets the same requirements as all others, then it becomes a problem.
See http://slashdot.org/users2.pl?... (Search TMobile).
While utilizing the law to ones own end is nothing new, that basically sounds like other data providers trying to justify their own practices and shoot down competition.
Uverse Internet/Video is on same pileline. But U-verse video doesn't count against data cap while all other streaming services do.
Any company in the world is allowed to offer free services to people. That is not a problem.
The problem was when you charged customers for X, but then refused to give them X because company Y refused to pay you.
By making Binge On free, they have neatly avoided Net Neutrality problems.
No one has the right to charge me for X and then refuse to give me X because company Y doesn't pay you. But if you are giving my X for free, you can limit it however you desire.
excitingthingstodo.blogspot.com
The user always had a limited about of data they could use - all binge on does is EXPAND USER CHOICE by letting some things not count against the data cap.
If you eliminate Binge On and all you have left is the same exact status for watching Amazon Prime that you had with the Binge On service, then Binge On did NOT IMPACT user choice.
In fact Binge On ALSO expands user choice from the sense that now you are not consuming data through Netflix any longer so you have more to use with Binge On....
I absolutely despite Network Neutrality advocates for this kind of idiotic non-think that backwardfies every single thing they talk about. They literally cannot think straight about anything.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Online users choose content providers with web sites over content providers without web sites. Ergo, the WWW distorts competition and should be shut down.
How can I believe you when you tell me what I don't want to hear?
In addition, video services NOT INCLUDED IN BINGE-ON are also being throttled
This is at the users request (the user enables binge on and the throttling setting).
Are you really saying that I as a network user have no right to request a service throttle data for me to a lower amount? Really?
So network neutrality then was never about helping users, but placating control nazis like yourself because someone somewhere might be getting a deal you are not getting. Everyone else must suffer because you cannot be on top. Moronic.
It is about control, but apparently your desire to limit what a network can do for me. Thanks for nothing.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Why?
throttling all video services the same even if they don't have a tmobile arrangement means they comply.
I'm with them: http://www.theregister.co.uk/2...
Net Neutrality is a complicated, sticky bunch of legislation that has some benefits, but also a lot of rough edges, IMO.
This "Binge On" fiasco with T-Mobile is a great example. Here you have a service which is beneficial to the consumer, really. (I have T-Mobile and it's a win for me. I'm not a huge user of video on mobile devices in the first place, but I may as well get the bonus of un-metered viewing of content from any providers on-board with their program, just like they did with unlimited music streaming with "partners".) I do understand how by "the letter of the law", they violate Net Neutrality as it stands currently.
BUT, why are we so worried about this for cellular data at this time? We all know cellular is a very different animal than something like FiOS or cable broadband or even AT&T U-Verse service. Cellular bandwidth is very limited, based on only having so many towers in a given area and only so much capacity each tower can handle. You generally pay for cellular data in a metered fashion, and it's generally understood you use data on it a a supplement to a land-based Internet broadband service. (Heck, that's what the cellular services are really doing in the first place .... picking up Internet connections from land based services and adding value for you by putting it out over the airwaves for your subscribed device to use wirelessly.)
When I'm on an unmetered cable or fiber based circuit, I expect to be able to pull data from any place I can connect to that serves it out, without interference from my ISP (or one upstream) artificially limiting some of it. On cellular? I expect a slow, somewhat unreliable connection that may drop out as I travel around (nature of the beast), and know that I'm probably getting billed by pre-paying for some small allotment of megabytes of data per month. At that point, it doesn't negatively impact me if some carrier is "playing favorites" by forming partnerships to let me stream some of the partner content without it counting against that cap. It just improves my total experience of how much I can do for a given monthly cost.
If there's *anything* T-Mobile might do to be more in line with the law? Perhaps they should make Binge On an "opt in" vs. "opt out" option? When you're not using it, everything works as per usual for all cellular carriers.....
I find the whole concept of Binge On very confusing, and it makes me feel like there's something fundamental I don't understand.
With typical wired service through your cable company, the most limited resource is on the other side of your ISP, and that's why the ISPs want to get websites like youtube and netflix to cache content locally to reduce that expense. With wireless service, of course that same resource limitation and expense still exists, but by far the much bigger resource limitation is between your phone and the cell tower. That's why cellular plans have much lower bandwidth caps than wired service.
So what sense does binge on make (from tmobiles perspective)? Yes, it reduces their outside bandwidth expense, but I thought that's kind of backward. Perhaps they'll save a few bucks on the backbone connectivity costs, but by making that content free from data caps, they're actually encouraging people to start using services they otherwise might not have used due to that caps, thus greatly increasing utilization of the more limited (and much more difficult to expand) wireless bandwidth.
So what am I missing?
I'm a T-Mobile customer too. I could care less about HD video on my el-cheapo LG phone. And yes I can opt out... But I still don't trust T-Mobile. Companies have a nasty way of chipping away at the sorts of protections that Net Neutrality affords.
What I'd really like to see is a 32 hour work week and mandatory voting in the States. Force people to take part in democracy and give them the time and resources to do so. If I felt the public at large had the wherewithal to keep constant vigil over all the shit corporations do I'd be all for it. But until that day I've got to rely on regulatory commodities that have been circumvented since I was a wee lad.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
This article, and too many of the the comments, are completely clueless. I chose to get a T-Mobile hotspot because of Binge On. My responsibility as a consumer requires some due diligence. I learned that I could stream content from providers for free if they participated in a programs that would reduce the quality of my video to that which could be carried at 1.5 Mbps. Great for a mobile device, tablet, and even a laptop. Not so great for a 4K TV.
But I knew this because it was a hotspot from a mobile provider with a clearly stated policy about what to expect for free. If I wanted to use all of the 6GB I paid for at full resolution watching any video service I wanted, then all I had to do was to turn off Binge On. Wow. Such a violation of my rights as a net user.
Let's repeat. T-Mobile offers a free video feed at 1.5mbps. Free net access at 1.5mbps. How Net Neutral can one be?
Success without humility is an indulgence in arrogance