T-Mobile chief John Legere rejects EFF's throttling charges

International non-profit digital rights group, Electronic Frontier Foundation, (EFF) on Monday published a report that said T-Mobile throttled all HTML5 video streams to around 1.5Mps, even when a phone was capable of downloading at higher speeds.

"T-Mobile is artificially reducing the download speeds of customers with 'Binge On' enabled, even if they're downloading the video to watch later," the EFF said.

The study further said, T-Mobile's video "optimisation" does not alter or enhance the mobile stream, as advertised. In fact, running content higher than 480p on a server that can't reduce or adapt the video bitrate results in stuttering and uneven streaming -"exactly the opposite of the experience T-Mobile claims their 'optimization' will have," EFF said.

Legere responded with a Thursday blog post and video that took issue with the EFF's allegations.

T-Mobile CEO John Legere responded, "There are people out there saying we're 'throttling.' They're playing semantics," he said. "Binge On does NOT permanently slow down data nor remove customer control."

However, EFF pointed out that this was not semantics, 'slowing down all video content - Binge On or otherwise - was the very definition of throttling.

The EFF this week called on users to flood Legere with questions about the mandatory feature during a Twitter Q&A session on Thursday.

Binge On, which was announced in November 2015, features content video from major providers, such as Crackle, DirecTV, Encore, ESPN, Fox Sports, Fox Sports GO, Go90, Hulu, HBO NOW, HBO GO, Major League Baseball, Movieplex, Netflix, NBC Sports, Showtime, Sling TV, Sling Box, Starz, Univision Deportes, Ustream, Vessel, Vevo, VUDU a formidable line up.

However, there is a catch, the Binge Watcher video quality was limited to 480p or better.

Legere stated in a letter and video that T-Mobile optimised the video content to fit neatly on mobile screens.

"Anyone can join, there is no charge or extra fee, and you don't have to do anything to get it, NOTHING," Legere, said.

Legere also pointed out that users could shut down the service, whenever they wanted and return to HD quality for videos.

However, opting out of the Binge On service allowed users to watch videos in mint quality, but there was a price to pay. HD video weighed heavily on the data plans of those who wanted the extra crisp videos on their T-Mobile devices.