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Mark my words, this will end up as a Class Action Lawsuit.
AT&T, Verizon and T-Mobile have all enforced the "no tethering" and "device eligibility" (i.e. using a smartphone on a cheaper, usually unlimited data plan that was intended for a dumbphone) policies multiple times before, over the last several years.

Maybe this time will be different, but in the past, they've never been sued for enforcing policies like this, AFAIK.
 
Just wondering how they are monitoring this. How do they know if you are tethering? I average 6-8GB a month in data usage. I never use Wi-Fi because TWC sucks in NYC and have been streaming videos to my iPhone over 3G. I tether once in awhile to my Dell Streak, but not enough to stir up a red flag. Am I going to get this message?

i have TWC as well in NYC and can't remember the last time i had a problem with the internet part
 
Let's try explaining it this way...

When you subscribe to cable, you pick a package that provides you with the channels that you want. There are various packages, but ultimately it's all just video streaming over a cable (bits in this day and age, not analog)...

This is a poor analogy. This would be correct if we were talking about AT&T preventing you from viewing porn sites, and if you were circumventing the system to go to porn sites; then what you are describing would be analogous.
 
You have used more data than you have paid to use. AT&T sets their data usage prices based on average usage of customers. Customers who tether absolutely use more data. That is why they charge more.

I agree with your sentiment, but the bright side is that while heavy unlimited data users will impact network performance, there is little direct cost that needs to be diverted to limit plan users.
The cost of high data usage is indirect. Once the towers become overloaded -> service suffers -> reputation suffers -> customers leave.

AT&T's cost for the RAW data is probably quite low. Their costs are primarily on the tower infrastructure, which they need regardless of the amount of data pushed. The issue for cell providers is that the technology only allows for a finite amount of bandwidth to be provided within a physical area. It's a physics limitation. In most cases of overloaded towers, they can't simply spend more money to increase capacity. All they can do is limp along waiting for the 4G roll out to extend the real capacity and try to keep data usage down.

The high charge for data is meant as a deterrent to reduce usage, not to simply recoup costs. It's ironic that the only/best way AT&T can increase network reliability is to just charge users more for data. They are using accounting to address an infrastructure limitation.
 
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Funny, I signed a contract when tethering wasn't even an option, nor was it even thought of by most people.
You're saying essentially the same thing. You bought the plan w/o the intention of tethering. Why would you expect the feature to be included now?
 
I don't really care about people's opinions about the ethical question (I'm on a limited, 2GB plan and will not be convinced that I am doing anything wrong by tethering). What I want to know is if there are any MyFi users that have low data usage that are being sent this message (I doubt I'll spend 500MB a month tethering).

Where should I go if I'm only looking for facts about who is receiving these messages and theories as to who exactly will be threatened thusly? I don't want to have to sift through these opinions that I care nothing about.
 
figure we can post a list of things that AT&T can used to know for sure if someone is tethering.
You have TTL flags which they can nail you on.
Another is look at what type of data you are using. For example it is not hard to know if someone is using bit torrent by looking at how the data packets are going 2 and from. They know bit torrent does not work on any phone. That is a computer only.
Massive amounts of uploads. Again limited to only a computer.
Connecting to gaming network that do not have any games for phone (iffier here on false positives).

the TTL flags will create no false positives. The bit torrent one will not create any false positives.
 
Where should I go if I'm only looking for facts about who is receiving these messages and theories as to who exactly will be threatened thusly? I don't want to have to sift through these opinions that I care nothing about.
Take the effort and start a separate thread that tracks specifically that, if one doesn't already exist.
 
The foundation for contract law is consideration. There is consideration given here... There is nothing out of bounds here or nothing for a judge to make a decision on other then dismissing any relevant lawsuit.

What are you going to sue them for? Giving you exactly what they agreed to give you for the price they agreed to give it to you for?

That is an unlikely foundation for a succesful legal challenge.

You could likely sue AT&T for unilaterally modifying your contract if they actually change your plan to the tethering plan. The damages are difficult to prove, the modification clause is punitive, and there is no liquidated damages clause.
 
You could likely sue AT&T for unilaterally modifying your contract if they actually change your plan to the tethering plan. The damages are difficult to prove, the modification clause is punitive, and there is no liquidated damages clause.

Yeah you could and of course you could balance that against them trying to pursue getting criminal charges filed against you for theft of service... So the likelihood you are going to steal from AT&T and then sue them for modifying your contract unilaterally is pretty slim, and they know that.
 
Take the effort and start a separate thread that tracks specifically that, if one doesn't already exist.

Well I suspect that others might be privy if such a thread exists already (here on on another forum); I typically don't like hedge discussions on such matters. But I was planning on making just such a thread if no one gave me a good answer.

Oh, and to others, I do not steal apps and I would not be using the tethering for torrents, etc. As I believe I already said, I expect my tethered data usage would be below 500MB, and I am already on the 2GB LIMITED plan.
 
So im just wondering....If you are using mywi..i assume you are stealing?

AT&T would arge that the only reason you are using said program is because you are bypassing (illegally) their plan requirements for having a tethering plan that you obviously do not have. They could argue that since they have the contract that you agreed to along with any terms of service that you agree to.

AT&T would argue that if you have a legitimate tethering plan, you would use the built in tethering systems and not a third party app that you can only get via a jailbreak. That would imply that you knew that it was not an allowable action.
 
How much would it cost me to add tethering to my unlimited data plan? Would I be able to keep unlimited data plus unlimited tethering??

You can't. You missed the train when you didn't do it prior to the release of 4.0.

You can't! And thats my beef with At&t:cool:

You had an entire year to add unlimited data tethering for $20 a month and you did not do so. It's your fault and not AT&T's. Why should AT&T pay for your stealing (free tethering) or other users for your lack of actions or thought? Your angry because you can not tether your unlimited data plan legally?


AT&T needs to take the unlimited data plan off the table, thats the bottom line. When users upgrade to the iPhone 5 (or another phone), they should be forced to change data plans, that way all the data is capped. You want to tether, buy the plan (with the extra 2GB of data) or pay $10 for each aditional GB over the allowed 2GB of data.

Not happy go to another network. Unlimited data is coming to end. AT&T did it, Verizon is going to do it over the summer, T-Mobile will most likely be a part of AT&T so thats done, and Sprint just sucks.

I look at it like this:

Using free tehtering, is like someone taking advantage of government assistance progrms that do not truly need it.
 
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Yeah you could and of course you could balance that against them trying to pursue getting criminal charges filed against you for theft of service... So the likelihood you are going to steal from AT&T and then sue them for modifying your contract unilaterally is pretty slim, and they know that.
Theft of wHat?

You pay for unlimited data
You use the data

Again what can you prove? At&t will say:
On day 1 they used Data on the phone
On day 2 they Used Data on the Phone and "We believe" from a connected laptop.

They used 10mb day one
They used 100mb day two

so 110 of unlimted data was used.

I would insist on a Jury because I'm a geek, most of them or all of them will barely know how to install a program......... Your going to expect them to agree At&t is hurt by tethering? Really?

as a Lawyer I would point out that Tethering is a function and not Data.
Its like flipping a light switch in your home to turn on a light, if you use fluorescent or incandescent or you put an air conditioner on electrons are used. At&t wants to charge extra for flipping a switch to use the same electrons. Silly and double charging.

Your assuming At&t has the right to double charge, I assume they do not, its for a court to decide in the end.:cool:

In the same understanding, only a small percentage know how to JB and enable tethering anyway, most pay for it because they do not know how.
I did self help and turned it on so I save the "Fee".


You had an entire year to add unlimited data tethering for $20 a month and you did not do so. It's your fault and not AT&T's. Why should AT&T pay for your stealing (free tethering) or other users for your lack of actions or thought? Your angry because you can not tether your unlimited data plan legally?
When and if so when was it Grandfathered? I never saw it............ If your going to be judgmental please do so with facts.

Also
I look at it like this:

Using free tehtering, is like someone taking advantage of government assistance progrms that do not truly need it.
Its not free I pay for my Data. Your comparing what people do not pay for with what people pay for.:eek:
 
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I was only curious because wouldn't using mywi kinda be the same as using any cracked app?

MyWi is a PAID app on the Cydia store.

(!!! AGAIN, I am completely uninterested in anyone's opinion about how wrong I am, or whether AT&T is or isn't justified in charging me for the service.)
 
MyWi is a PAID app on the Cydia store.

(!!! AGAIN, I am completely uninterested in anyone's opinion about how wrong I am, or whether AT&T is or isn't justified in charging me for the service.)
Read my new post, ;)


marksman
macrumors 68040

You have used more data than you have paid to use. AT&T sets their data usage prices based on average usage of customers. Customers who tether absolutely use more data. That is why they charge more. If they didn't then they would have to charge everyone more money for their access to compensate for the increased cost of usage. Personally, I don't want to pay more per month for you to tether. I am fine with YOU paying for you to tether. I know for some reason some of you who get riled up about this can not comprehend the idea of companies setting their prices on average usage, but I promise you it is extremely common. I have done it in my own businesses for well over 20 years............Why do companies choose to do this? Because it allows them to price things more affordably as the lower usage customers subsidize the higher usage customers. If everyone got charged exactly for how much they used, or if everyone got charged for the potential of using all their bandwidth every month, then the price for service would be much more. In this case 2 gigs of data from AT&T where you were guaranteed to use all that data every month, you would probably be looking at paying $75-$80 a month.

However since AT&T does price based on average usage, and say the average user might use 300 megs a month, they are able to sell that 2 gig package for only $25.00. If they include tethering for free the average will go up, because nobody who adds tethering will start using less data overall. With this addition, say the average monthly usage goes up to 600 megs a month. AT&T's expense for providing that data has now doubled. To make up for it, AT&T has a few options. They could just eat it and potentially lose money, or have significantly reduced profits, at the very best.

Secondly they could raise the price for everyone and perhaps raise the price to $35 a month for everyone and it would include tethering. Even the person who uses 250 megs a month would be paying $35 a month.

This makes no logical sense, Unlimited Data and using more Data then you paid for?..................... Again this logic is based on emotions not facts.

Fact Unlimited
Fact cannot overuse Unlimited

And I read your statement about Data usage, you contend that all Unlimited plan users are using too much data when they go over 2gb?
Because At&t expects the average user to use 300mb? I'm not sure we are talking about Unlimited then? What are we talking about?

Fact 2gb
Fact if you tether and are 2gb or less you have stayed within the data limit.


Fact arguing is useless when its emotional...............


We disagree lets not make it more then that.

As far as calculating what you make and what your customers use has nothing with providing a service and what in reality people use. If you run a service business they may or may not use it. If you sell plans to at $100 a pop on computers that would fix them for free or replace them knowing that over 90% will not use the plan in the end based on years past, then 6 months from that figure rose to 70% using the plan to fix and or replace, its not the customers fault you have provided the plan. that is comparable to people using unlimited, if At&t wants people to stop using 50gb a month, then At&t must discontinue the plan. Its At&t's fault not theirs.

I Hurt no one by tethering it can't be proven because no one has proven it.

At&t want to collect more money and more fees thats all it is.

I feel there are some At&t employees posting on here these days.
 
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You could likely sue AT&T for unilaterally modifying your contract if they actually change your plan to the tethering plan. The damages are difficult to prove, the modification clause is punitive, and there is no liquidated damages clause.
It's a modification to a plan in order to account for actual services consumed. Keep in mind that your contract authorizes them to modify your plan with with sufficient prior notice.

You're looking at a long uphill legal battle, with potentially severe consequences for loosing
 
Also Its not free I pay for my Data. Your comparing what people do not pay for with what people pay for.:eek:

YOU PAY FOR THE DATA THAT IS USED ON THE PHONE ONLY AND NOT THROUGH TETHERING!!!

IT STATES IN THE CONTRACT THAT YOU NEED A TETHERING PLAN TO TETHER!!!

YOU ARE BREAKING THE CONTRACT AND STEALING BECIASE YOU ARE USING A FEE BASED SERVICE FOR FREE!!!!

I really cannot believe that there are this many people that do not undersatnd contracts, laws, and binding agreements... Whether it is just plain stupidity or you are just oblivious.
 
MyWi is a PAID app on the Cydia store.

(!!! AGAIN, I am completely uninterested in anyone's opinion about how wrong I am, or whether AT&T is or isn't justified in charging me for the service.)

I understand that. But if they are saying you "require" a plan to tether..and you dont have one....then...it looks like its kinda stealing. Doesnt matter to me what anyone does. I don't use mywi. Just wondering how people that are against cracked apps because its stealing feel about this.
 
YOU PAY FOR THE DATA THAT IS USED ON THE PHONE ONLY AND NOT THROUGH TETHERING!!!

IT STATES IN THE CONTRACT THAT YOU NEED A TETHERING PLAN TO TETHER!!!

YOU ARE BREAKING THE CONTRACT AND STEALING BECIASE YOU ARE USING A FEE BASED SERVICE FOR FREE!!!!

I really cannot believe that there are this many people that do not undersatnd contracts, laws, and binding agreements... Whether it is just plain stupidity or you are just oblivious.
I understand the contract, I can't believe that what I write is ignored so much. I said

I disagree with the contract
tethering is not an option
I have unlimited data.

I hurt no one.


Also because its in a contract does not mean its legal and binding.......been over this so many times,
(Do not write in caps its shouting on the internet).
 
I understand the contract, I can't believe that what I write is ignored so much. I said

I disagree with the contract
tethering is not an option
I have unlimited data.

I hurt no one.


Also because its in a contract does not mean its legal and binding.......been over this so many times,
(Do not write in caps its shouting on the internet).

I think it is more you are ignoring what we have been telling you time and time again. Also it is pretty clear YOU DO NOT UNDERSTAND THE CONTRACT.
Usage of charge for the unlimited data usage is based off of a model. That model is assumed data usage of the PHONE ONLY. Tethering increasing the average usage of a person so it throws off the model on how they charge which is why there was always an increased fee to teather to account for the higher average usage of the person.

Also you are wrong on the fact that you hurt other people because of your higher usage you are sucking down more of the the very limited bandwidth that others can no longer use.
The contract clearly states that is data usage is ONLY and I REPEAT ONLY for data on the phone. Not routed to other devices.

Also from an earlier post it where you say it can not be proven if you are teathering multiple ones of us has shown it is very easy to do to figure out with out any question if you are tethering your phone. You just look at the data for example and see if there is an extra hop in there. and if there is an extra hop boom you are teathering. there are other ways as well.

Also your entire argument is based on emotion and you are trying to justify the fact you are breaking your contract and stealing data.
 
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