Does jailbreaking + MyWi violate any terms of my AT&T contract

Contributor

Does jailbreaking + MyWi violate any terms of my AT&T contract

I've been waiting for an app to turn my iPhone into a mobile hotspot. I've known that MyWi was available for jailbroken iPhones, but up until about a month ago, jailbreaking was in a gray legal area. Apple claimed had claimed it was illegal, but as I'm sure you're all aware, a court ruling said it is not (but it will void your warranty with Apple). An alternate solution would have been tethering provided by AT&T. Well that too was finally announced, but it is only available if I leave my unlimited data plan. So I called AT&T customer support and asked if jailbreaking my phone and installing MyWi would violate any part of my contract with AT&T and/or kick me off the unlimited data plan and she put me on hold. Later she came back and said that it didn't appear that it would, but that I should read my contract. I perused that while she was on the phone and found nothing that would seem to indicate a violation. She next suggested that I post a message on AT&T's forms... and so here I am. Basically, I'm planning on jailbreaking my iPhone and using MyWi to turn it into a mobile hotspot. Can anyone point out what part of the contract I would be violating if I do this? Thanks in advance, Darren
Message 1 of 55 (19,869 Views)
Expert

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


Darren2 wrote:
I've been waiting for an app to turn my iPhone into a mobile hotspot. I've known that MyWi was available for jailbroken iPhones, but up until about a month ago, jailbreaking was in a gray legal area. Apple claimed had claimed it was illegal, but as I'm sure you're all aware, a court ruling said it is not (but it will void your warranty with Apple). An alternate solution would have been tethering provided by AT&T. Well that too was finally announced, but it is only available if I leave my unlimited data plan. So I called AT&T customer support and asked if jailbreaking my phone and installing MyWi would violate any part of my contract with AT&T and/or kick me off the unlimited data plan and she put me on hold. Later she came back and said that it didn't appear that it would, but that I should read my contract. I perused that while she was on the phone and found nothing that would seem to indicate a violation. She next suggested that I post a message on AT&T's forms... and so here I am. Basically, I'm planning on jailbreaking my iPhone and using MyWi to turn it into a mobile hotspot. Can anyone point out what part of the contract I would be violating if I do this? Thanks in advance, Darren

1. it was not a court ruling

2. JB your phone can void your warrenty, if anything occurs to damage the phone and Apple cvan determine this, they will not honor a warrenty or apple care extended. Read the warrenty papers on the iphone

3. Would not trust a tier 1 csr toexplain anytihng on the terms of serivce. It stae planly in the tos that tethering is a violation of the tos unless you have a plan the specificly is worded for tethering - the unlimited plan specificly excludes it and the tethering plan for the iphone specificly staes the 2gb plan is required and the additional 20.00 for tethering

 

read the contract and the warrenty papers, if it sounds like you are violating the terms, you probably are. This answer and AND other answer on this forum is opinion and is in no way shape or form a official apple or att policy, they will decide in the end

Message 2 of 55 (19,806 Views)
ACE - Professor

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

You're only allowed to tether if you pay the extra $20. Otherwise, you're breaking the TOS.

 

 

 

 

*The views and opinions expressed on this forum are purely my own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party.
Message 3 of 55 (19,778 Views)
Master

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

1. JB is not illegal as determined by a ruling of the Library of Congress (LOC) on the DMCA.

2. Apple still does not have to honor a warranty should you need help and you JB your iPhone.

3. Since the LOC said JB is not illegal, Apple cannot take you to court as some speculated they might but never have.

4. ATT can tell if you are tethering and not using their plan.

5. You may not like the price of the tethering plan but ATT could at some point charge you per MB regardless of having any form of Data plan since the Data plans that are sold are not authorized for tethering without the add-on.  Again we may not like the price but those are the TOS we agree to when we sign our contract for service.

 

No offense to ATT reps on the boards here but they may very well be the last to know what management is thinking or planning to do.  We all expect them to know everything ATT is thinking but until it is passed down as a formal policy with training, they really are not going to know.  I would not take their word on it unless they are willing to put that in writing and potentially their jobs on the line for authorizing something they may not be allowed to do?

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Message 4 of 55 (19,747 Views)
Professor

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


Darren2 wrote:
I've been waiting for an app to turn my iPhone into a mobile hotspot. I've known that MyWi was available for jailbroken iPhones, but up until about a month ago, jailbreaking was in a gray legal area. Apple claimed had claimed it was illegal, but as I'm sure you're all aware, a court ruling said it is not (but it will void your warranty with Apple). An alternate solution would have been tethering provided by AT&T. Well that too was finally announced, but it is only available if I leave my unlimited data plan. So I called AT&T customer support and asked if jailbreaking my phone and installing MyWi would violate any part of my contract with AT&T and/or kick me off the unlimited data plan and she put me on hold. Later she came back and said that it didn't appear that it would, but that I should read my contract. I perused that while she was on the phone and found nothing that would seem to indicate a violation. She next suggested that I post a message on AT&T's forms... and so here I am. Basically, I'm planning on jailbreaking my iPhone and using MyWi to turn it into a mobile hotspot. Can anyone point out what part of the contract I would be violating if I do this? Thanks in advance, Darren

Under 2) WIRELESS DATA SERVICE TERMS AND CONDITIONS (applies to all customers) > Prohibited and Permissible Uses, you would be vioalting this:

 

"Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose."

 

Using MyWi is a method of tethering.

 

 

Message 5 of 55 (19,639 Views)
Expert

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


youngjm wrote:

1. JB is not illegal as determined by a ruling of the Library of Congress (LOC) on the DMCA.

2. Apple still does not have to honor a warranty should you need help and you JB your iPhone.

3. Since the LOC said JB is not illegal, Apple cannot take you to court as some speculated they might but never have.

4. ATT can tell if you are tethering and not using their plan.

5. You may not like the price of the tethering plan but ATT could at some point charge you per MB regardless of having any form of Data plan since the Data plans that are sold are not authorized for tethering without the add-on.  Again we may not like the price but those are the TOS we agree to when we sign our contract for service.

 

No offense to ATT reps on the boards here but they may very well be the last to know what management is thinking or planning to do.  We all expect them to know everything ATT is thinking but until it is passed down as a formal policy with training, they really are not going to know.  I would not take their word on it unless they are willing to put that in writing and potentially their jobs on the line for authorizing something they may not be allowed to do?


technically jail breaking can still be considerd to be against IP laws, but you are right they cannot prosecute for violating the Digital Millennium copyright act of 1998

 

 

Message 6 of 55 (19,606 Views)
Guru

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

 


wingrider01 wrote:

technically jail breaking can still be considerd to be against IP laws, but you are right they cannot prosecute for violating the Digital Millennium copyright act of 1998

 

 


But if i remember correctly it can only be against IP laws if it contains original OEM properties. Such as original Apple code. A program written to modify someone elses code could not be considered IP violations if the code is 100% unique. If included even in the smallest amount OEM code it could be considered a IP violation. This was went over many times by companies like Blizzard trying to shut down the free realms. Most free realms could not be shut down because the server/client modifiation code was 100% unique and did not contain Blizzard code. But the same applies to jailbreaks if the code is unique and original you can not claim a IP violation.

 

Message 7 of 55 (19,587 Views)
Expert

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


Neihn wrote:

 


wingrider01 wrote:

technically jail breaking can still be considerd to be against IP laws, but you are right they cannot prosecute for violating the Digital Millennium copyright act of 1998

 

 


But if i remember correctly it can only be against IP laws if it contains original OEM properties. Such as original Apple code. A program written to modify someone elses code could not be considered IP violations if the code is 100% unique. If included even in the smallest amount OEM code it could be considered a IP violation. This was went over many times by companies like Blizzard trying to shut down the free realms. Most free realms could not be shut down because the server/client modifiation code was 100% unique and did not contain Blizzard code. But the same applies to jailbreaks if the code is unique and original you can not claim a IP violation.

 


I don;t argue the technicalities of IP laws that is why I employ lawyers that are specialists in things like that to protect my companies interests. As far as the blizzard issue - the courts just found in favor of blizzard to the tune of a 88 million dollar lawsuit against a company for profiting off of IP

Message 8 of 55 (19,497 Views)
Guru

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

There is a very good legal argument that a per se refusal to honor your warrantly is a violation of the Magnuson-Moss Act.  According to some interpretations of the Act, you need to have a nexus between the jailbreaking and the defect.  E.g. jailbreaking could not be used to deny coverage for a faulty screen.  Most jailbreaking, however, is fully reversible.  Just plug your iPhone into your computer and presss the restore button in iTunes.

 

Good legal arguments only work when you have litigation fund and some patience.  ATT and Apple (combined) have very deep pockets and are looking at limited damages unless you get class certification.  Their lawyers will notice up a few depositions, send you a few dozen itnerrogatories, and file a handful of motions.  Your lawyer will then bill you $300 an hour (on average) to respond to all that stuff. 

Message 9 of 55 (18,163 Views)
Contributor

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

Ok so I have an iphone 4, jailbroken with Miwi. I do not pay for tethering, but I do have an 'unlimited' data plan.

I don't have landline internet access at home so I use my phone as primary internet access (that probably shows up on data usage) but I don't say any harm in what I'm doing, given that streaming netflix to my iphone is probably not much worse than streaming netflix to my laptop via Wifi...?

 

I know technically I might be violating TOS and voiding my warranty, but the bottom line is I pay quite a hefty bill already and expect to be able to utilise the equipment which I have purchased to its full capability.

I equate this, for instance, to buying a car and then installing a trailer hitch so I can use it to tow stuff, the car might have only been designed to haul 4 people and some luggage, but that doesn't mean I should be penalised for wanting to pull a boat trailer or something, right?

 

So, I've just recieved a text from AT&T along the lines of 'did you know tethering requires a data plan? more info at webaddressblahblah'. This means they're onto me! Where do I stand? Basically, I think I am justified, and if they want me to add a fee to the current $180 a month I'm already paying then I'm going to bail and sign up my jailbroken iphone with another network - perhaps Verizon or Tmobile.

Message 10 of 55 (14,224 Views)
Master

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


Peetpeet wrote:

Where do I stand? Basically, I think I am justified, and if they want me to add a fee to the current $180 a month I'm already paying then I'm going to bail and sign up my jailbroken iphone with another network - perhaps Verizon or Tmobile.


You stand in the wrong.  Period.

 

I love how everyone want an analogy. 

Your "trailer/mywi" attached to your "car/phone" doesn't doesn't have the proper tags, title and registration (ATT tethering plan) and is not allowed on the information highway (ATT's Network).  Smiley Happy

 

Moving to a different carrier is a choice but you need to check their TOS on tethering.

Message 11 of 55 (11,776 Views)
ACE - Professor

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

There is no scenario where using either tethering or hotspot functionality without paying for the service isn't a violation of your existing TOS.

 

Jailbreaking violates Apple's AUP, which you agreed to when you opened the shrinkwrap, so your warranty can be voided. The only scenario where that could apply is if you somehow brick your phone during the JB process.

 

After JB, using your data service in a way which is outside the AUP for the data service you're paying for is a violation of the AUP you agreed to with AT&T:

 

http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp

 

This bit, in BOLD, is the one you're looking for

 

"Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose."

 

Any other confusion?

 

*The views and opinions expressed on this forum are purely my own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party.
Message 12 of 55 (11,774 Views)
ACE - Professor

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

 


Peetpeet wrote:
Where do I stand? Basically, I think I am justified, and if they want me to add a fee to the current $180 a month I'm already paying then I'm going to bail and sign up my jailbroken iphone with another network - perhaps Verizon or Tmobile.

 

Yep. Let us know how it works out. VZ charges for tethering, as does TMobile. If you're bringing your iPhone to TMo you'll be looking at Edge speeds (woooo, like dialup!), and $45/mo ($30+15 to tether) for data service, on top of voice and SMS. If you're going to VZ, you're looking at buying a new CDMA phone.

 

 

*The views and opinions expressed on this forum are purely my own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party.
Message 13 of 55 (11,770 Views)

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract


wingrider01 wrote:

1. it was not a court ruling

2. JB your phone can void your warrenty, if anything occurs to damage the phone and Apple cvan determine this, they will not honor a warrenty or apple care extended. Read the warrenty papers on the iphone

3. Would not trust a tier 1 csr toexplain anytihng on the terms of serivce. It stae planly in the tos that tethering is a violation of the tos unless you have a plan the specificly is worded for tethering - the unlimited plan specificly excludes it and the tethering plan for the iphone specificly staes the 2gb plan is required and the additional 20.00 for tethering

 

read the contract and the warrenty papers, if it sounds like you are violating the terms, you probably are. This answer and AND other answer on this forum is opinion and is in no way shape or form a official apple or att policy, they will decide in the end


Was not a court ruling but

 

[quote] The U.S. Copyright Office, a division of the Library of Congress, has authorized several new exemptions to the Digital Millennium Copyright Act (DMCA), one of which will allow mobile phone users to "jailbreak" -- or hack into -- their devices to use apps not authorized by the phone's manufacturer. The new rules will be published on Tuesday in the Federal Register.

[/quote]

 

It will not void the warrenty, its legal and Apple has not right to withold the warrenty since its hardware not software.

If you need service just retore the phone they will never know it was JB

 

Yes the At&t contract does state what you said.

 

Using MyWi and found out can cause you problems.

 

Jailbreak is legal though

 

Message 14 of 55 (11,749 Views)
Highlighted

Re: Does jailbreaking + MyWi violate any terms of my AT&T contract

 


wingrider01 wrote:

youngjm wrote:

1. JB is not illegal as determined by a ruling of the Library of Congress (LOC) on the DMCA.

2. Apple still does not have to honor a warranty should you need help and you JB your iPhone.

3. Since the LOC said JB is not illegal, Apple cannot take you to court as some speculated they might but never have.

4. ATT can tell if you are tethering and not using their plan.

5. You may not like the price of the tethering plan but ATT could at some point charge you per MB regardless of having any form of Data plan since the Data plans that are sold are not authorized for tethering without the add-on.  Again we may not like the price but those are the TOS we agree to when we sign our contract for service.

 

No offense to ATT reps on the boards here but they may very well be the last to know what management is thinking or planning to do.  We all expect them to know everything ATT is thinking but until it is passed down as a formal policy with training, they really are not going to know.  I would not take their word on it unless they are willing to put that in writing and potentially their jobs on the line for authorizing something they may not be allowed to do?


technically jail breaking can still be considerd to be against IP laws, but you are right they cannot prosecute for violating the Digital Millennium copyright act of 1998

 

 


 

Not illegal in anyway no matter what garbage is used to prove it is.......... Jailbreaking is and will be legal.

 

reason? Apple makes the Iphone, Apple suplies an OS for it, Apple has an App store.......... Ah theres the rub, others have programs that can run on the Iphone too, they want to sell the apps through a different vendor, Ah, ok cydia and theme it makes money from selling apps like Apple.

 

OK if Apple shuts down Jailbreaking they ensure a monopoly on apps and put the other vendors out of business.

 

Monopoly........ Illegal in the USA

 

So Jailbreaking will stay.

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