Patent ID: 8036227

Claim:
A physical computer storage medium storing computer-readable code which when executed by a processor causes a first device adapted to provide streams of data over a network to: associate with a second device adapted to receive a data stream; in response to associating with the second device and during a period of time prior to receipt of a request to transfer a stream of data to the second device, initiate advance measurement of an available bandwidth between the first device and the second device by transmitting probes adapted to measure the available bandwidth; and in response to receipt of a request to transfer a stream of data to the second device: determine whether the advance bandwidth measurement is completed by the time the request to transfer the data stream to the second device is received; and transmit the stream of data using parameters set based at least in part on the determining, wherein, when it is determined that the advance bandwidth measurement is completed, the parameters are set in a first way, at least in part based on the advance bandwidth measurement of the available bandwidth made using the transmitted probes; and when it is determined that the advance bandwidth measurement is not completed, the parameters are set in a second way, different than the first way, and the parameters are recomputed upon completion of the advance bandwidth measurement.