Not that anyone is likely to be prosecuted, but violating AT&T's iPhone data services contract is not just a breach of contract that can be the subject of unilateral action by A&T (like bricking the phone) and of a civil suit. In every state there is a "theft of services" statute that, unsurprisingly, makes stealing $30 worth of bandwidth from AT&T a crime equivalent to shoplifting a $30 item from a store. And just as no judge would even consider an argument that the shoplifting was justified because in Europe they give away the item for free with another purchase, or that the store makes lots of money, or that the store charges too much for what it sells, or that the defendant is just unusually resourceful, no judge will listen to similar excuses for stealing bandwidth. Every seller has the right to define what he will furnish for what consideration, and every buyer has the right to accept or reject those terms. But once the terms are accepted, even in a store, a contract is formed that defines the exchange. If the buyer takes something from the store that is not authorized by the contract, the buyer becomes a thief.
I already raised my son, so I'm not here to preach morality, ethics, or even enlightened self-interest to anyone, but the OP asked whether jailbreaking and using MyWi was stealing. Stealing is both a civil wrong and a crime, and on both counts, as far as AT&T's bandwidth is concerned, the answer to his question is "yes".
Whether anyone's actions are, or ought to be, affected by this fact is another question entirely.
I already raised my son, so I'm not here to preach morality, ethics, or even enlightened self-interest to anyone, but the OP asked whether jailbreaking and using MyWi was stealing. Stealing is both a civil wrong and a crime, and on both counts, as far as AT&T's bandwidth is concerned, the answer to his question is "yes".
Whether anyone's actions are, or ought to be, affected by this fact is another question entirely.
