Warez Vs. Tethering

[crazychef]

absolutely agree! and im on the wrong-doer side of all this.. i just wondered why its allowed/tolerated is all..

glad to see some people agree

[edufur]

It is an interesting point, but I certainly can tell you the following difference. When you pay for the service, you are paying them to do something that you could have done yourself. The extra service is just that... extra and voluntary. Your data usage is covered in your plan. How you consume that data is irrelevant. They could certainly reserve the right to shut you off if they feel you violated the TOS... but that isnt likely if you arent abusing it... especially if you are paying for a better than basic plan. You ARE paying. Warez is not paying for anything.... it is blatant stealing.

[schettj]

Wares = theft of software = copyright infringement. vs tethering = violation of TOS. Does that help the law student?

[crazychef]

Originally Posted by edufur

It is an interesting point, but I certainly can tell you the following difference. When you pay for the service, you are paying them to do something that you could have done yourself. The extra service is just that... extra and voluntary. Your data usage is covered in your plan. How you consume that data is irrelevant. They could certainly reserve the right to shut you off if they feel you violated the TOS... but that isnt likely if you arent abusing it... especially if you are paying for a better than basic plan. You ARE paying. Warez is not paying for anything.... it is blatant stealing.

again, not a valid point, if u have to point out the violation of TOS, it only further proves my point..

just because you buy the gumball machine, doesnt mean the bubble gum is free..

im not asking people to stop, im nt asking people to feel bad.. just pointting out were commonly talking about a ware.. if we use wmwifi, pdastatus, or ics hack, without a PAM plan(which ics hack blantly goes around, to get a FREE service that should be PAID for) wereall doing wrong..

im just asking for it all to stop.. if we have it, we know how to use it by now.. so we dont need old posts about it... and future posts should be banned

[crazychef]

Originally Posted by schettj

Wares = theft of software = copyright infringement. vs tethering = violation of TOS. Does that help the law student?

copywrite infingement is trying to pass something off as your own works and not giving due credit to the originator.. ie..recording a song ad using a music sample in your chorus,beat,whatnot and not getting permission and giving proper credit in the liner notes...

what u would need to be reffering to, to even sound halfway right is Royalties and Publishing Right/laws, that what devlopers get upset over, this is also the argument in p2p sharing of mp3(which i absolutely DONT DO), NOT GETTING PAID, not people trying to pass it off as their app/program(or song in the p2p case), though im sure they dont want that either

so again i ask, how are you not Thieving, by intentionally avoiding PAM?? r u paying for it? no were illegally using/abusing a service that we dont pay for and it should be..

[popdog54]

With Sprint tethering is clearly a violation of the TOS according to the Subscriber Agreement (highlighted portion by me):

Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections. We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. If your Services include unlimited web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with "phone as modem" plans, Sprint Mobile Broadband card plans, wireless router plans, etc.).

From a legal standpoint I think the only thing a user is guilty of is breach of contract which would result in paying extra service fees and/or termination of service. From a moral standpoint I guess it's up to the individual user.

[crazychef]

Originally Posted by popdog54

With Sprint tethering is clearly a violation of the TOS according to the Subscriber Agreement (highlighted portion by me):

Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections. We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. If your Services include unlimited web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with "phone as modem" plans, Sprint Mobile Broadband card plans, wireless router plans, etc.).

From a legal standpoint I think the only thing a user is guilty of is breach of contract which would result in paying extra service fees and/or termination of service. From a moral standpoint I guess it's up to the individual user.

thanks i was just looking for that lol.. warez is all about the "crack" part of it.. well were all "cracking" their prog/app/system

[edufur]

Originally Posted by crazychef

again, not a valid point, if u have to point out the violation of TOS, it only further proves my point..

Ummm. NO! You are wrong.

You OWN your phone. And you OWN the right to install software on your phone. You OWN the right to modify your registry. ICS and PAM are two different things. Comcast would prefer that you PAY for every device that connects to their internet whether on one modem or not. But the fact is that a router allows you to SHARE the one connection you have and essentially make it one. This is PERFECTLY legal. Comcast can also decide to shut you off if they dont like how you are using the bandwidth. Same holds true with your phone service. ICS is basically allowing you to pass the data that you PAY for in your plan... down a usb wire to your PC. This is not theft. It is just cleverness. And it is functionality that is being provided within the OS. If it was illegal, MS would not make it easy. And if your phone carrier was concerned, they would encrypt and key the PAM service in such a way that it would be impossible to use without paying.

[rstoyguy]

And back in the day when that one guy tried to get/stir up donations for them new video drivers for the vogue (can't remember his handle now or then) but we also had a thing going on with tethering as well. So I applied all the current anti-tethering technology, and called sprint and asked. They know your tethering just by data-volume, and other things. You don't need your phone to tell them. It's just they're not willing to enforce it and lose customers to other carriers. It will either be a carrier-wide thing, or it will cause the price of data to go up for everyone...

[popdog54]

Originally Posted by edufur

Ummm. NO! You are wrong.

You OWN your phone. .

True, but Sprint or whoever owns the network and they have final say on how you use their service as I posted above in the TOS.