Quote:
Originally Posted by quick99si
1. In using an Epic on a plan meant for a Touch Pro 2, I'm not causing Sprint any harm, or loss.
2. When they changed the rules regarding what devices were allowed on our plans, they weren't playing fair.
3. They were taking our longstanding agreements and saying we had to change.
Each of those statements are fundamental truths only when considered from your biased point of view.
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With that said, I have the same "Epic 3G" and quite frankly, I love it.
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OMG...classic! Nice points.
Quote:
Originally Posted by SweetBearCub
To be fair, what people do to get phones onto plans that do not support them is illegal.***
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That's too broad of a statement. After reading section 1029, it's very clear to me (
this is just my opinion) that illegality under section 1029 requires (1) fraudulent intent, or (2) possession or use of specialized hardware or software used to obtain unauthorized telecommunication service.
There are 10 ways to violate that law, and they're spelled out in 1029(a)(1) through 1029(a)(10). The first 8 ways, and the 10th way specifically require some fraudulent intent.
So, putting an Android device on any (yours, your neighbor's, your friend's, your customer's) legacy plan by cloning the ESN/MEID onto a phone legally owned is not illegal under the first 8 ways or the 10th way because there's no fraud being intended. Basically, you're not trying to steal telephone service here.
1029(a)(9) is the weird section because it doesn't specifically say "intent to defraud" and just requires possession, use, etc. of hardware or software "used
to obtain telecommunications service without authorization." What hardware and software is covered? It must be specialized software or hardware with ONLY one purpose, which is to "obtain telecommunications service without authorization." Why you ask? Simple. If it meant hardware or software that COULD be used as such, then we are all violating this law by using a computer, by executing Windows, etc., since these are all types of hardware/software that COULD be used as such. But I believe this section does have an "intent" requirement, even though it's not stated expressly. But even if it doesn't, at worst, it requires some specialized software or hardware with ONLY one purpose - to obtain unauthorized telephone access.