Warez Vs. Tethering

[crazychef]

Originally Posted by newone757

I was reffereing to "ICS Control", which is 100% free non commercial software. ICS control is only GUI to make it easier to control a compnent of windows mobile , internet connection sharing. pefectly legal to distribute ICS

as far as posting wmwifi router, yes i agree that is warez

and im sorry no you cant, im sure technically were violating all kinds of copyright laws, redistributing MS products... we're not here debating p2p sharing of things..thats a differnent demon... im talking about hacking a program, to get paid fetures for free... thats textbook warez

Originally Posted by schettj

Is it theft of service though?

You pay for internet. It's not like ICS gets you access to internet if you don't pay for internet.

All it does is let you use that internet you pay for on a different bit of hardware.

I can browse and check email on my phone. I can do the same thing with my phone tethered to my laptop.

Sprint (for example) has a PAM plan, it has smart phones, and it used to have fairly dumb phones that could access the internet.

If you had a dumb phone and started using it tethered, you could conceivably use significantly more bandwidth then just using the phone itself. This was back in '00-06 range.

Today, with sprint tv freely included with every internet plan on every device capable of internet, its entirely possible to burn gigabytes of bandwidth right on your dumbphone just by watching sprint tv.

Likewise, with a smartphone, you can download massive files (I've got plenty of room here on my 4GB card, and download clients for every major protocol) and then move that card from your "phone" to your laptop.

So PAM remains as some weird appendix, mostly as a backup stick to be used to smack the truly insane should they run a porn distribution ring off their vision service (I can only assume...)

You're not stealing a service, you are violating your terms of service without PAM.

That is a different beast then warez (stealing software)

Bottom line (for sprint) if you buy a TP and plug it into a windows box, even *without* launching ICS, it will share the internet to the windows box. It does the same with a linux box (Ubuntu 8.10) - all STOCK, as SHIPPED.

Nothing hacked, nothing changed, nothing installed.

Sprint knows the same either way that you're doing it, and violating your TOS.

But is that the same as cracking (or downloading a cracked copy of) photoshop? Downloading some mp3 music? A TV show? a Movie? Nope. You'll be breaking a law for those. Violation of your TOS is between you and the service provider, not between you and a court of law.

No one ever has been legally found guilty in a court of law of violation of PAM TOS. They (maybe) have had their vision service or entire phone service revoked - that's the right of the service provider if you don't play by their rules.

ok, stock, bare boned sprint TP, if you turn on ICS, viola! nothing happens, you cant connect to the internet on a PC/Laptop, were not using these things to explore our own device, were hacking ICS, to get a desired result, FREE net on a PC and/or Laptop.. which is clearly not the intended uses without an exended data(PAM) plan...

theres nothing stock that allows tethering without a hack, tweak, a PAID FOR PAM PLAN, or a paid or trial license to wmwifi.. nothing..

so i hear the ICS arguments, but were still wrong.. we had to maliciously, and intentionally, do something, a "crack" if you will, you get this paid service for free...

how is it anything other than theft of services??? we all know, its a PAID for service were intentionally abusing, tweaking,hacking, to get a FREE result.. we all know our standard DATa plan, does not include this...this isnt about legal or illegal though, again, this is about getting a paid service/software access for FREE, which by all definitions is warez and theres really no argument to justify otherwise...

i mean hear you go, tell me please, how are we really justifing NOT PAYING.. we can argue all we want, but in the END ARE U PAYING FOR WHAT IS SUPPOSE TO BE PAID FOR??? NO! therefore, i dont really see a suitable counter-argument being brought up... i mean unless someone has a different defintiton of warez, where it doesnt involve non payment, or intentionally hacking,tweaking, or bypassing the prog to obtain it..

[Dr.8820]

chef, you made good points.

[crazychef]

Originally Posted by TreyBeno

Oh for crying out loud. The tethering hack, cracks, and wares are all theft of services. If all rules were all enforced in the same manner then it would be banned from the site. If sprint made a fuss like microsoft is trying to do about its 6.5 leaks, then it would probably be pulled too. Just like shazaam wanted ppcgeeks to pull the music id program. I also find it very weak of others to bash the Op for stating his opinion. This is a forum and thats his right to do so. Especially since he seems to shoot down most comers with logic and sense. I dont use the ics HACK or wmwifirouter or whatever its called. As a matter of fact im probably gonna go with the evrything plus broadband plan es well from sprint. Its just all about common perception. Everybody knows that alcohol is just as addictive and mind altering, and causes just as many or more problems as hard drugs do. Alcohol is probably the greatest drug on the planet but since its commonly accepted it doesnt get labeled as a drug. The same goes for weed. Most people dont care about it and think of it in the same light as alcohol but its illegal. I mean alcohol is a mind altering drug that has no medicinal value just like weed. And many people should stick to the topic as well. I see alot of people with weak arguements trying to get off topoic and bash the OP. Lets chill on that people. Its not about why he was banned or what he does for a living. Its about applying the same set of rules to ALL programs. The ics HACK is just like a wares if its a paid service that youre cheating to use.

why did they care about shazamm so much? which by the way is still on here.. the version we get only IDS the songs, its not a paid app, and its not like we found a way to be able to use the download feature on it, let alone DL for free with it.. i dont see what their fuss would be.. well i guess it did kind get lifted, but then again, i went to shazamms site and downloaded it, it wasnt something i was suppose to pay for..

and sorry u mentioned drugs, kinda a fav topic of mine... caffine and nicotine r the #1 and #2 abused and excepted drugs... and i happen to live in one of the, 13 i think, states where marijuana does appear to have medical use, so apparently there is some value, and as a recovering cancer(testicular) patient, i fully atest to its "slight"(lets be honest lol) benefits over the scripts you get for fighting it, and the recovery periods...

[DarkLord]

a lot of people split hairs over this one. "i pay for unlimited so i use it how i see fit". is a typical statement i've seen over the past year or more. the reality is that anyone altering their phones in such a way that they are able to use PAM without paying the extra $40+ month fee is stealing. their is no grey area. PAM (with Sprint anyway) is an extra service that costs $40+ per month and circumventing the fee is stealing.

i'm not certain i necessarily agree that it's the same as warez but i think they're perhaps first cousins.

[Dr.8820]

Originally Posted by rwcj63

a lot of people split hairs over this one. "i pay for unlimited so i use it how i see fit". is a typical statement i've seen over the past year or more. the reality is that anyone altering their phones in such a way that they are able to use PAM without paying the extra $40+ month fee is stealing. their is no grey area. PAM (with Sprint anyway) is an extra service that costs $40+ per month and circumventing the fee is stealing.

i'm not certain i necessarily agree that it's the same as warez but i think they're perhaps first cousins.

that's why i say chef has a point. if you hack your phone to go around paying, that's theft of service. a sprint phone as a modem plan is only $15/month. if you're not paying that $15 and you're tethering, you are stealing my friend.

[crazychef]

lets try this argument out... ICS is a program/software right? sprint does not own ICS, Microsoft does right? MS IS a company that fights for its rights, just ask juicy... someone mentioned "legal precedence" well there u have it, microsoft has bigger fishes to fry, but i wanna be "actual" we hack, "crack" their ICS software to abuse Sprints service..

so actually we are cracking a lisenced, software companys program.. and as the few forementioned posts regarding "precendence" and sprint not being a compnay that actually fights the pirated software fight.. we have in fact established the correlation now, between abusing a paid service for free use

i mean come on, like a few posts above bringing up the "i pay for internet, and use it how i see fit" argument... thats like saying " i bought the car, i can drive as fast as i want" NO, im sorry, but you cant! theres still rules and proper ways to go about things... Just because were not getting caught, doesnt stop the fact that, were maliciously and intentionally usuing a "crack" to obtain free services.. hence, the definition of warez

[skeegcpp]

***if this point is already posted , just let me know, i just got up and didn't feel like page reading yet, but had something to say***
Peace guys, but i wud like to add, that with sprint, if u have an simply everything plan, you CANNOT even add the PAM plan that sprint provides!!
so..this customer can't even enjoy the feature if they wanted to pay for it. therefore, u work around it, IMHO. so who really is conducting shady business?? the customer with an simply everything plan who cant get a PAM plan added or sprint for preventing them from FULLY enjoying their device. and suppose this customer didn't upgrade, paid SRP for it, so all that "get a device for discounted price so sprint can make money back" is out the window. its their device, why not enjoy ALL it can do????
thanx for listening/reading/giving me the time

[Soaa-]

Accessing the Internet using the phone is the service I'm paying for. Whether I attach something else on my phone to use its connection or not is none of my carrier's business.

'Nuff said.

[Dr.8820]

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.

this is for the last poster. read your tos my man.

[DarkLord]

Originally Posted by mr8820

that's why i say chef has a point. if you hack your phone to go around paying, that's theft of service. a sprint phone as a modem plan is only $15/month. if you're not paying that $15 and you're tethering, you are stealing my friend.

your price is incorrect unless they lowered it within the last few months. the cost of unlimited PAM is $40+. the $15 is for internet, which doesn't include PAM.