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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.

23 of 218 comments (clear)

  1. Wha? by ichthus · · Score: 3, Insightful

    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?

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    sig: sauer
    1. Re:Wha? by suutar · · Score: 3, Insightful

      Some streaming content. Not all (though it will throttle all. Yeah, slowed down and still counts against data). not really "neutral".

    2. Re:Wha? by ichthus · · Score: 3, Insightful

      So it would be better if they metered everything?

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      sig: sauer
    3. Re:Wha? by Anonymous Coward · · Score: 4, Insightful

      Better? No.
      Neutral? Yes.

      That's the point of net neutrality, show no favoritism. For good or ill.

    4. Re:Wha? by BradleyUffner · · Score: 3, Insightful

      It would be fine if they didn't slow down (throttle) the streams on non-participating content providers.

    5. Re:Wha? by allquixotic · · Score: 2

      It would be better if they lowered the cost per gigabyte of metered data to something reasonable, so you can use your phone for something other than watching Netflix and checking your email.

    6. Re:Wha? by rahvin112 · · Score: 3, Insightful

      It would be better if they were tampering with the video streaming market by favoring one group over another. That's the point of net neutrality, we don't want the phone and cable companies deciding the winners and losers in the video streaming market.

      I doesn't matter if this is good for some consumers, it's bad for the market. Your support only means you are willing to sell out future use of the network for an immediate short term benefit.

    7. Re:Wha? by BradleyUffner · · Score: 2

      It has been repeatedly proven that BingeOn throttles all video streams all the time. It just doesn't charge you for the one on their white-list.

    8. Re:Wha? by ichthus · · Score: 2, Interesting

      No, I believe a byte is a byte, no matter where it comes from, and should be charged as such. But, I recognize the necessity to meter a limited resource like wireless bandwidth. This effort by T-Mobile is not a way for choosing winners and losers -- it's a way of giving their customers added benefit of not having to limit their binge watching (I torrent, so this doesn't even affect me, anyway) during each month.

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      sig: sauer
    9. Re:Wha? by jonnythan · · Score: 4, Interesting

      The customers don't benefit when the entire industry is harmed. Imagine Comcast and Time Warner metering Netflix to 1 GB/month while letting you use their own video services without metering. Netflix would basically cease to exist, and take their programming along with them.

      This is why net neutrality as a concept exists - so that the delivery companies don't get to decide which content providers are allowed to exist.

    10. Re:Wha? by l0n3s0m3phr34k · · Score: 2

      "Can't handle the mail"? What does that even mean? I've got an older S3, using the K9 mail app, and have never had an issue with my email. I've been using this phone for almost four years...the only annoyance was getting attachments. But your not forced to use the built-in mail app, there are numerous other apps you can get. With the MX Player almost all video works, although a small screen really isn't much fun to watch anything but short clips, web videos, etc.

    11. Re:Wha? by BronsCon · · Score: 2

      T-Mobile doesn't charge per gigabyte for metered data, they give you unlimited 2g speeds and an LTE allotment, or unlimited LTE.

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      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  2. Then AT&T Uverse is also illegal by jetkust · · Score: 2

    Uverse Internet/Video is on same pileline. But U-verse video doesn't count against data cap while all other streaming services do.

  3. That is utterly stupid by SuperKendall · · Score: 2, Insightful

    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
    1. Re:That is utterly stupid by mechtech256 · · Score: 5, Insightful

      It's not about users, it's about the massive transfer of control to the carriers with net neutrality violating programs like this. All content providers now have to conform to Tmobile's throttling rules in order to qualify for special status, and these rules are subject to change at Tmobile's whim.

      In addition, video services NOT INCLUDED IN BINGE-ON are also being throttled while other types of traffic are not throttled. This is a textbook violation of net neutrality.

      It's about control. Users and content creators should have control of the internet, and carriers should be blind carriers of data. That's the entire point of net neutrality.

    2. Re:That is utterly stupid by rahvin112 · · Score: 2

      Binge on allows T-Mobile to have a say in who wins the video streaming market. In time that ability to influence will be worth money and they will start charging for it.

      The reality is the Binge on is T-Mobile using it's status as network provider to decide who will win the most video streaming business. That's bad for everyone, even if helps some of their customers.

    3. Re:That is utterly stupid by slinches · · Score: 2

      Binge on allows T-Mobile to have a say in who wins the video streaming market

      How so? There are simple rules for inclusion in the program which are applied equally to all and not inherently unfair as far as I can tell.

      Please let me know when there are any services that have been excluded after requesting access and I'll listen. Until that happens, the perception of possible abuse is insufficient to prove this is anything other than an effort by T-Mobile to better serve their customers.

      --
      Knowledge Brings Fear
    4. Re:That is utterly stupid by amRadioHed · · Score: 2

      Except that's not the same situation at all. This is more like if Comcast let their own video feeds though for free, as well as Netflix's and any other services who chose to participate.

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  4. Re:That is still stupid by vel-ex-tech · · Score: 3

    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).

    To quote an EFF article:

    T-Mobile's Binge On service could have been great. Giving customers a choice about how to use their data so that they can stream more video without hitting their data cap is a wonderful idea. Unfortunately, T-Mobile botched the roll out. Without asking, they made it the default for all of their customers.

    I also found a The Verge article that confirms that throttling goes away once Binge On is disabled:

    T-Mobile was throttling all video traffic over its network, including video downloads, for all customers who had not disabled the Binge On feature that the company automatically enabled for everyone in November.

    All in all, I think this is a mountain out of a molehill. The biggest problem was how T-Mobile rolled it out. If they would have made it opt-in at roll out instead of opt-out, the issue would be much more clear, and I don't think it would have become a net neutrality matter.

    I'm not sure if it's a bugbear that non-Binge On videos get throttled when Binge On is active. I could go either way on that one. (Or better yet, T-Mobile should have made it an option.)

    Actually, what I really want to know is why T-Mobile doesn't just apologize and disable it for everybody. Problem solved imho.

  5. Re:Tough Shit by meadow · · Score: 3, Insightful

    You are full of it. They are not fucking up anything. They simply have provided a feature to be able to limit videos being watched on the phone at a ridiculously high bitrate such as 2k or 4k which would be overkill for such small screens. And it can easily be toggled on or off.

    Please stop crapping your pants about this.

  6. Re:Tough Shit by davester666 · · Score: 2

    First, it defaults to ON, and includes companies that aren't part of binge-on
    second, from t-mobiles site, it's 480p.
    third, for the typical end user, they would go "oh, the video quality in netflix is crap, even though I set the quality on the netflix service to 720p and then 1080p" which is more likely for the end-user to say
    a) "I guess Netflix has crappy video quality"
    b) "The internet is slow right now"
    or
    c) "Oh, T-Mobile is throttling Netflix, I have to figure out how to make T-Mobile stop throttling it"

    --
    Sleep your way to a whiter smile...date a dentist!
  7. Re:Tough Shit by meadow · · Score: 3, Insightful

    480 is exactly what I would want on a 5-inch display phone. Even on a 15-inch laptop I often watch videos at 480 p.

    As for your comments, if you are too stupid to read the communication the carrier sent to you notifying you of it, that's your problem.

    And I'm sure if you were having an unwarranted crap-fit about your resolution because you ignored the communication, and called their support number, they would have immediately told you what was going on and given you the same information that was in the communication you failed to read.

  8. Re:Tough Shit by gfxguy · · Score: 3, Insightful

    I have T-Mobile, and it sounds like you don't even understand the problem. I get 6GB a month. If I watch anything from list of providers supported with binge on, it counts as ZERO bandwidth that I've paid for. Why exactly do you think I should complain about not having netflix counted against my data?

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    Stupid sexy Flanders.