RE: Level 3 blames Internet slowdowns on ISPs’ refusal to upgrade networks | Ars Technica

Sat Mar 22 19:16:06 UTC 2014

>I don't see this as a technical problem, but one of business and ethics.
>ISP X advertises/sells customers "up to 8Mbps" (as an example), but when
>it comes to delivering that product, they've only guaranteed 512Kbps (if
>any) because the ISP hasn't put in the infrastructure to support 8Mbps
>per customer. Customer believes he/she has 8Mbps, Content provider says
>we provide 8Mbps content, but ISP can (theoretically and in practice)
>only deliver a fraction of that. That feels like false advertising to me.

The problem is that the consumer is too stupid to own a computer and use a network.  

The consumer purchased a product advertized as "up to 8Mbps" but really wanted "not less than 8Mbps".

It is not false advertizing.  What was delivered is exactly what was advertized and exactly what was purchased.