Clever technique to draw attention away from what is most likely a contractual dispute.
Verizon's argument is clear:
> Netflix chose to attempt to deliver that traffic to Verizon through a few third-party transit providers with limited capacity over connections specifically to be used only for balanced traffic flows
Level3 hasn't refuted this point (the imbalance of the traffic flow). If the traffic is not balanced, the contract between Verizon and level3 probably has clauses requiring Level3 to pay Verizon for the imbalance (in this case, since Level3 is pushing more data, they would be the ones paying). That is the real problem, most likely, and the technical argument merely serves to confuse
Verizon's argument is clear:
> Netflix chose to attempt to deliver that traffic to Verizon through a few third-party transit providers with limited capacity over connections specifically to be used only for balanced traffic flows
Level3 hasn't refuted this point (the imbalance of the traffic flow). If the traffic is not balanced, the contract between Verizon and level3 probably has clauses requiring Level3 to pay Verizon for the imbalance (in this case, since Level3 is pushing more data, they would be the ones paying). That is the real problem, most likely, and the technical argument merely serves to confuse