I have unlimited data and do not tether because i have no desire to since all i use is my phone.
How is this in any way pertinent to any of the conversations going on? I drive an Orange car.
As for your thing about jail breaking vs att .... i dont even know how you get that. You buy the hardware from apple .. the $600+ phone ... so of COURSE they don't charge you per use and you can do what you want. But you could get this with an iPod touch and basically thats what your iPhone is ...
I don't think you understand the argument, so maybe I'll add a point of clarification: It can be argued that's Apple's EULA disallows Jailbreaking (this is a different argument for a different time). IF Apple were to introduce a new "jailbreak option" for the iphone where for the one-time nominal fee of $400, they would sell you jailbroken phone (or jailbreak it for you) and change your EULA to specifically allow this
and, upon discovering that you had a jailbroken iPhone, Apple would send you a bill for $400 because you have the jailbreak option, would you be as supportive? If so, then great, at least you are consistent.
UNTILL you add the wireless CONSISTANT service... this is what you pay for ... and you have to agree to their terms...
You are correct in that I pay for the service and I also pay for, say, 4GB of
data to my phone. The data definitely goes to and from my phone as this is the nature of how the network works, so no problem there. What my phone does with it from there is none of their business. It could transform and send that data to my eyes and ears in a form they can understand or it could transform that data into something my computer understands.
Ultimately, ATT and other carriers will probably run into a problem where they will find that this particular term of their service agreements is also unenforceable as the cat-mouse game of hiding data usage could culminate in a tethering app that uses some form of fully encrypted proxy connection where the traffic could not be fully analyzed without the carrier breaking the law. Heck, for all I know, they might also already think this and may not take "tethering" detection that far -- just milk it for all the double revenue they can get right now from unsophisticated users.
Get real in your argument. Thats like saying you buy a car and they keep charging you .. no you paid the full price. Wireless service you can't start your own unless your freaking rich and can get the network up so you have to agree to their terms. Go ask for a credit card why do you with 1% interest because you feel you shouldn't pay them or agree to their terms and lets see what happens
Not to belabor the point, but using you analogy's framework, it is more like this: It is like saying that I bought a car, but have since modified it to do something that the seller also offers (for a small fee, of course). They find out I've done this, so they decide to charge me that fee as well because when they sold me the car, they also said I could not add a vegetable juicer to it (or whatever).
I do have to agree to their terms, and they are fully within their rights to terminate our relationship if they so desire. I also have no problem with violating their terms which I view as unenforceable (not to mention reprehensible) just the same as if one of their terms was that I could not think about purple elephants. If they do somehow determine that I was thinking about purple elephants, that is the risk I run.
I also look forward to having this conversation with them at some point:
Me: What is this charge on my bill for tethering service?
ATT: Oh, we added that because you are using tethering.
Me: Oh, well then, please cancel my tethering service.
ATT: OK. Hmmm, it says here you have cancelled the tethering service 10 times before this.
Me: That's right. Please do not allow my phone to tether in the future.
ATT: Mmmm... The only way we could do that is if we no longer offered you service.
Me: Are you saying you would like to end our contract? OK, lets do that then.
ATT: But the contract....
Me: You can send your contract early termination fee to me at this address...
ATT: We... That's not how that works.... Let me transfer you to my supervisor....
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Just so that there is something on topic in this post as well: I do have some anecdotal evidence that ATT doesn't currently detect PDAnet hidden tethering as I have been using it for a couple months now at ~100-150MB a day or so and haven't heard a word from them.