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AT&T Notifies Unauthorized Tetherers to Knock It Off

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To anyone who tries to hide behind the T&C:

mycool

Mar 19, 2011, 1:59 AM
I always notice a lot of people, for many companies and many situations, siding with companies on the premise of contracts and T&C.

Whether in free-market industries or industries that are heavily regulated (or have difficult barriers of entry), contracts (as well T&C) can be contested. If everyone simply accepts them on the premise "you signed it, therefore you are bound to it" then things will go south very fast.

In this instance, it comes down to challenging whether or not AT&T has the right to stipulate how you can use the data. It isn't as simple as "you agreed to not use it this way, so you can't tether." It is more on the lines of, are they allowed to stipulate this. The only real way to know this is to push the envelope ...
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daxdcagain

Mar 19, 2011, 7:53 AM
mycool said:
The only way I'd side with the carrier on this issue is in the instances of people tethering their device on an Unlimited data package.

In fact, the closest analogy I could come up with:

Some restaurants charge a different price for all-you-can-eat for children (smartphones) and adults (laptops) on the assumption that a child will not be able to eat as much as an adult. That isn't always the case, but it usually is. I agree that this is fair to do so.

Now, that same restaurant decides that it wants to charge a flat $10/lb fee instead of all-you-can-eat. So, if you're paying $10 for 1 pound of food, it really shouldn't matter who is actually eating that food: child (smartphone) or adult
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texaswireless

Mar 19, 2011, 10:29 AM
The second part of your post is very logical and I appreciate the analogy.

The first part is plain nonsense.

You DO have choices in this industry, regardless of whether or not you like your choices. As the poster tether pointed out in another thread, you do have choices of carriers who are not nearly as agressive in their enforcement of tether policies.

Second, you say you cannot "hide" behind the T&C; I say you don't have much legal experience. Until such time as a lawsuit happens and (possibly) the T&C change they are what they are, which is an important legal document on what can and cannot be done. It is mostly one sided, absolutely. While there have been many issues in the past; threats of government involvement have helped...
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pickles

Mar 19, 2011, 5:37 PM
texaswireless said:
The second part of your post is very logical and I appreciate the analogy.

The first part is plain nonsense.

You DO have choices in this industry, regardless of whether or not you like your choices. As the poster tether pointed out in another thread, you do have choices of carriers who are not nearly as agressive in their enforcement of tether policies.

Second, you say you cannot "hide" behind the T&C; I say you don't have much legal experience. Until such time as a lawsuit happens and (possibly) the T&C change they are what they are, which is an important legal document on what can and cannot be done. It is mostly one sided, absolutely. While there have been many issues in the past; threa
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mycool

Mar 19, 2011, 11:59 PM
pickles said:
well said, tex. i couldn't agree with you more. if you wanted to start a lawsuit with AT&T over this matter, any lawyer worth his salt would laugh you straight out of his/her office.


I would simply disagree. It isn't impossible to argue against the verbiage in the T&C. The T&C are not law, and even if it didn't merit enough ground to be argued as a class action lawsuit, it could very well draw enough attention that the FCC steps in and ends this practice of double-dipping.

Oh, and in case you wish to rebut my argument, please understand that this is targeting a fixed-amount data scenario (not the unlimited data scenario). I don't believe carriers can be challenged on charging additional fo...
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dalaketh

Mar 21, 2011, 3:30 PM
So if I tether on AT&T its "wrong" and I'm "stealing" the data because its against the T&C. But you say I have a choice! That choice would be going to another carrier and "stealing" data from them.. brilliant. 😛
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Troll-Bait

Mar 20, 2011, 9:22 AM
You mean I can essentially hire someone to do something for me (provide my cell phone voice and data service,) agree to the terms they give me for the service and then complain when they ask me to not break the agreement?

Its reaching a little far to believe that don't you think?

A pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device required. An Activation Fee may apply for each data line.


I don't think there is any way to view this statement, included in EVERY Att service agreement, other than in the favor of the carrier.

You make a statement above

"If everyone simply accepts them on the premise "you signed it, th
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mycool

Mar 20, 2011, 12:04 PM
Troll-Bait said:
There are a thousand reasons you are 100% wrong, mainly because US contract law says you are, as well as common sense.


Contract law is not black and white all the time. A good example is this real situation (it truly did happen):

Company A signed a contract with Company B to provide a service. In the contract it stated that company B was to pay for said service on the 1st of every month. Company B did not pay on the first, but instead paid on the 15th. A did not contest this late payment or charge additional for it. This went on for about 2 years and Company A finally got fed up and tried to sue Company B for breach of contract.

Outcome: Company B won the lawsuit. Even thou...
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