While they may very well win in court - their business will be destroyed. Why on earth was their CDN built around a single provider? Had they had multiple providers,this would have ended in reduced capacity, with buffer time to re-deploy elsewhere. Sounds like a good lesson learned - when I need bandwidth X for Y years, I make sure I have solid contracts to that effect - not just relying on a simple clause about seve…
It looks like they built it around two: UK2 (under multiple brands of theirs too) and Softlayer. But both colluded to shut down SimpleCDN at the same time. The main problem is they went to the datacenter providers first, not the network providers. DCs make their money over the long term by selling hardware cheap up front (just a monthly fee) and hoping ongoing costs remain low. CDNs put a high operating cost on the s…
By DC's - do you mean some kind of web-hosting provider instead?
Even the VM providers I use all have soft & hard limits on traffic stated clearly - in practice, anyone offering "unlimited" anything is automatically excluded from any kind of critical business hosting decision - because that's not realistic or maintainable.