"We're watching with growing concern recent announcements by Cox Cable that they'll be taking steps to classify different types of Internet traffic as 'time-sensitive' and 'non-time-sensitive,' and may 'delay' certain traffic deemed to be 'non-time-sensitive,'" General Counsel Jay Monahan wrote on Vuze's blog.

Cox recently said it would test a plan to manage congestion by treating traffic differently, depending on whether it's time-sensitive. The company will prioritize the time-sensitive traffic--including email, instant messaging, games and Web site visits--while occasionally slowing down other traffic, including peer-to-peer traffic.

The news drew sharp criticism from net neutrality advocates, who say that Cox shouldn't discriminate between lawful applications.

Vuze relies on peer-to-peer technology to transmit video, which means its content could be downgraded under Cox's blueprint. "When you're downloading Vuze content using Vuze, whether it's a PBS documentary, the latest episode of "Pink" or some great user published content, it will automatically be classified as 'non-time-sensitive,' and thus may be subject to delay at Cox's sole discretion," Monahan wrote. "Suffice it to say, our 10 million users who access over a petabyte of Vuze HD Network content every month care about 'delay' of their content."

Vuze complained to the FCC last year about Comcast, which also slowed peer-to-peer traffic as part of a congestion management plan. While under investigation, Comcast said it would move to a protocol-agnostic traffic-shaping system. The FCC in August voted 3-2 to sanction Comcast for having violated net neutrality principles by singling out peer-to-peer traffic.

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