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Chris Castle is an extremely smart guy and a great music lawyer; in his posts to the Pho list, he has consistently impressed me. But this post is pretty far from the mark. BitTorrent doesn't use a lot of bandwidth because it has high overhead; it uses a lot of bandwidth because it's efficient. Does Mr. Castle just want the bandwidth to sit there unused? He then notes that many BitTorrent and p2p connections are excruciatingly slow as it is. But how does this move his argument forward?
Furthermore, even if you believe, as Castle seems to, that encryption is a sure sign of dastardly deeds, it certainly isn't "a form of hacking." What a curious thing to say.
His central point -- that net neutrality is bad because it doesn't let us make the legal packets go faster than the illegal packets -- is not a crazy one, though it is mistaken. But his rhetoric is awfully overblown.