New SERO Oct 1st

[x10guy]

Originally Posted by nerys

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I am also shocked at so many who side with sprint for some unknown reason I can not possibly understand.
...

I think that "unknown reason" are your posts.

[gullzway]

Nerys, give it up dude. Yeah it would be great to use an EVO/Epic for $30/month but Sprint definitely has the right to say "no you can't." They are providing the Service as you said. If you want a Higher Performance phone they have taken the stand that the service WILL cost you more.

You can use a dumb-phone for a $10 data pack on AT&T. Can you use a iphone or Tilt2 or Android phone for that price? No They obviously use more data so they want more money.

I do see the argument though. Since I've "activated" my Samsung Moment on my SERO plan I have actually used less DATA than I was using on my Touch Pro2. Easily checked on Sprint's website.

But your argument that they "changed the terms" of your "2+year old" contract is clearly explained in the fine print, as stated many times in this post "they have the right to do that."

So you can cancel service(dumb, as any other provider costs more,) pay the $10 or $20, or do some research like I did and figure out how to get an Android phone to work on SERO!

[8rotor8]

usually when you are the odd one out, you're in the wrong, not all of us with a sense of logic and understanding of contract terms.

[nerys]

"The language is quite clear. If your contract requires that you keep an active connection with a phone (and all SERO contract did; they were standard 2-year contracts),"

I am sorry you are simply wrong. Its very clear this is talking about a connection with a SPECIFIC PHONE for which no such condition exists with SERO or any other "normal" sprint account that I am aware of.

You are simply misreading it.

Lets look at your quote again

"If your Agreement requires you to keep a phone active/maintain a line of service for a minimum Term, the Term begins on the phone activation date"

IF did you miss the very first word of your own quote? IF. my contract does NOT require me to keep a phone active or any specific kind of phone active. I can destroy this phone active NO OTHER PHONE and just keep paying my bill if I wish.

and this quote has absolutely positively utterly NOTHING to do with changing phones and any limitations on whatever phone you choose to use.

SO once again. try again.

[blackangst]

Originally Posted by nerys

I have not been wronged. I still have my original account at my original price.

I am saying this kind of behavior from a company is wrong.

I am also shocked at so many who side with sprint for some unknown reason I can not possibly understand.

these are corporations. its a privilege to be a corporation not a right. CITIZENS have rights not corporations. This is why you need the PERMISSION of the state to incorporate.

there are LIMITS on what corporations are permitted to do. This is one thing they are usually "NOT" permitted to do and they are bypassing those restrictions with this some phones not allowed policy.

Sorry, but you're wrong on this one too. The Supreme Court ruled in Dartmouth College v. Woodward that corporations have the same constitutional rights as people. Try again.

So when are you filing your lawsuit against Sprint?

[nerys]

I am not the odd one out. its a very small few of you who are the odd ones out actually.

"Nerys, give it up dude. Yeah it would be great to use an EVO/Epic for $30/month but Sprint definitely has the right to say "no you can't." They are providing the Service as you said. If you want a Higher Performance phone they have taken the stand that the service WILL cost you more."

Could care less about the epic or evo as while still dirty and unethical there is precident for the new tech (4g) of which I am not arguing (it may have seemed so in this debate so lets be clear my primary issue is NOT with the 4G charge)

My primary issue is with the Premium SERO upgrade charge for NO upgrade. a "because we can" fee.

Sprint does not have the right. Again privilege not right. They have the POWER yes but not the right.

"I do see the argument though. Since I've "activated" my Samsung Moment on my SERO plan I have actually used less DATA than I was using on my Touch Pro2. Easily checked on Sprint's website."

Correct. anyone who thinks a Pixie or an 8530 or a tour or a Pre is going to use more data with the SAME USER as a TP2 or even my PPC 6700 (which btw ALLOWED tethering under TOS !!) is just insane or just lacks knowledge on this issue.

If ALL PHONES were dumb phones and suddenly these smartphones come out OK you would then have a valid point. YES all smart phones will "typically" use more data on average than a dumb phone.

but they had DOZENS of smart phones out that are NO DIFFERENT (sorry OS is not a difference as far as data usage no matter how many times you proclaim it as such)

If sprint had said ok if you want us to foot some of the bill we need an account change. But they have declared this across the board even if I buy the phone outright.

I simply can not understand why some think this is ok.

it is absolutely positively no different than gas stations simply declaring OK these new cars have to pay more per gallon.

if the gas station subbed part of the purchase price of the car it would be one thing.

they don't and neither does sprint.

I am paying sprint for a SERVICE not HARDWARE.

sprint should have NO SAY in what hardware I use for my service. How anyone can think otherwise it just ALIEN to me. Preposterous.

The Evo and the Epic use a DIFFERENT service (4g) and sprint has the right to charge for that (what is unethical is not them charging for 4g its them charging for 4g where there is no 4g or even if you don't want 4g)

the issue is them charging more for phones that use the SAME EXACT SERVICE as your paying for now. NO DIFFERENT.

JUST LIKE charging more for gas just because its a nicer car. I won't let that analogy go because IT WORKS. its a PERFECT FIT to what sprint is doing to the letter.

The fact that you all agree charging more for gas because of the car you drive is NUTS and do not think the EXACT SAME THING sprint is doing with cell phones is not also nuts is nothing but PURE EGO. There is NO logic in the matter.

[nerys]

Originally Posted by blackangst

Sorry, but you're wrong on this one too. The Supreme Court ruled in Dartmouth College v. Woodward that corporations have the same constitutional rights as people. Try again.

So when are you filing your lawsuit against Sprint?

Sorry your wrong. Those rights do not apply until YOU ARE a corporation (and that decision by the SCOTUS was WRONG and will eventually be overturned but for now its law)

to GET to that point you must first BECOME incorporated and that requires the PERMISSION OF THE STATE.

and those are not RIGHTS in the same sense as YOUR RIGHTS. those are still privileges or "powers" since the state can still DISBAND your incorporation thereby revoking those "rights"

If your going to go quoting law at least have some idea of what your quoting.

One of my personal goals in life is to see that SCOTUS decision overturned. it is singularly responsible for a lot of the problems we are having today. Alas its not likely seeing the direction out courts are going lately at least not in this generation.

as to your second issue? asked and answered therefore ignored.

[blackangst]

Originally Posted by nerys

Sorry your wrong. Those rights do not apply until YOU ARE a corporation (and that decision by the SCOTUS was WRONG and will eventually be overturned but for now its law)

Oh really? When do you foresee this happening since this decision was made almost 100 years ago? Can you list a SCOTUS case challenging it?

I didnt think so.

Originally Posted by nerys

to GET to that point you must first BECOME incorporated and that requires the PERMISSION OF THE STATE.

OK, and so? Sprint IS incorporated, therefore afforded said rights.

Originally Posted by nerys

and those are not RIGHTS in the same sense as YOUR RIGHTS. those are still privileges or "powers" since the state can still DISBAND your incorporation thereby revoking those "rights"

Not according to SCOTUS. Also, people's constitutional rights can be legally withdrawn. i.e. when under incarceration.

Originally Posted by nerys

If your going to go quoting law at least have some idea of what your quoting.

One of my personal goals in life is to see that SCOTUS decision overturned. it is singularly responsible for a lot of the problems we are having today. Alas its not likely seeing the direction out courts are going lately at least not in this generation.

as to your second issue? asked and answered therefore ignored.

If one of your personal goals is to overturn SCOTUS rulings, I would suggest a law degree first (which I doubt you have) and the wherewithal to challenge it (which you dont. You're just an internet crybaby at this point. Hell, you cant even properly use "your/you're correctly).

Rage on bro

edit:

You said:

My primary issue is with the Premium SERO upgrade charge for NO upgrade. a "because we can" fee.

Sprint does not have the right. Again privilege not right. They have the POWER yes but not the right.

What? If a SERO plan holder doesnt upgrade there's no change in contract terms. Did you intend to imply this?

And also, as previously discussed, a corporation has every "right" to change terms and conditions as afforded by law. Which is behind them.

[nerys]

"Not according to SCOTUS. Also, people's constitutional rights can be legally withdrawn. i.e. when under incarceration."

No they can not. They can be infringed but not withdrawn. Once you serve your time the infringement (is supposed) to go away.

"What? If a SERO plan holder doesnt upgrade there's no change in contract terms. Did you intend to imply this?"

that is PRECISELY what I said. not implied. There is NO requirement to upgrade to cause them to compel you to change your plan. You need merely attempt an ESN change to a "restricted" device and they will tell you NO or you must alter your plan ie contract terms.

no upgrade has occurred in this scenario.

that is my core problem. If I asked sprint for an upgrade I might not like it but I have no problem with them commanding a terms change for that upgrade. but I 100% WILL have to change my hardware at some point if I remain with sprint long enough (15 years and counting)

Assuming I won't tolerate a hardware downgrade at some point they WILL compel me to change my account terms EVEN IF I DO NOT UPGRADE.

[blackangst]

Originally Posted by nerys

"Not according to SCOTUS. Also, people's constitutional rights can be legally withdrawn. i.e. when under incarceration."

No they can not. They can be infringed but not withdrawn. Once you serve your time the infringement (is supposed) to go away.

How about the constitutional right to vote? It is forever taken away if convicted of a felony. You really need to brush up on civics 101.

Originally Posted by nerys

"What? If a SERO plan holder doesnt upgrade there's no change in contract terms. Did you intend to imply this?"

that is PRECISELY what I said. not implied. There is NO requirement to upgrade to cause them to compel you to change your plan. You need merely attempt an ESN change to a "restricted" device and they will tell you NO or you must alter your plan ie contract terms.

no upgrade has occurred in this scenario.

that is my core problem. If I asked sprint for an upgrade I might not like it but I have no problem with them commanding a terms change for that upgrade. but I 100% WILL have to change my hardware at some point if I remain with sprint long enough (15 years and counting)

Assuming I won't tolerate a hardware downgrade at some point they WILL compel me to change my account terms EVEN IF I DO NOT UPGRADE.

"Compel" is the key word. "Force" isnt. End of story.