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 (19,867 Views)
Highlighted

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

 


johninsj wrote:

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?

 


 

Yes, yes, yes and many things are in contracts like this one that may or may not be legal ( no matter if a lawyer helped to draw it up or not)

 

you can post this till the cows come home but the fact is

 

We pay for a data plan

the phone can stream and play music and videos

it surfs the net.

it uses data to do this.

 

If I hook a cable to the phone to hook to the computer but use the connection to go to this site on my laptop instead of on the browser on my phone I must now pay an xtra charge?

 

We are fools to pay for the same data use twice! It should be challanged in court as overcharging for the same service.........until then you are right but it does not make At&t right.

Message 16 of 55 (11,725 Views)
Contributor

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

Well bugger. Guess I'll be signing up for tethering plan then. Not a happy bunny.

Message 17 of 55 (11,715 Views)
ACE - Professor

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

 


Palmbeliever wrote:

 

If I hook a cable to the phone to hook to the computer but use the connection to go to this site on my laptop instead of on the browser on my phone I must now pay an xtra charge?

 


 

Yes, you must. Because you agreed to do it when you accepted the legally binding contract. If you didn't agree to those terms, you should not have signed the contract.

 

They were the same terms before, as now.

 

 

*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 18 of 55 (11,699 Views)
Expert

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


Palmbeliever wrote:

 


johninsj wrote:

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?

 


 

Yes, yes, yes and many things are in contracts like this one that may or may not be legal ( no matter if a lawyer helped to draw it up or not)

 

you can post this till the cows come home but the fact is

 

We pay for a data plan

the phone can stream and play music and videos

it surfs the net.

it uses data to do this.

 

If I hook a cable to the phone to hook to the computer but use the connection to go to this site on my laptop instead of on the browser on my phone I must now pay an xtra charge?

 

We are fools to pay for the same data use twice! It should be challanged in court as overcharging for the same service.........until then you are right but it does not make At&t right.


justify theft of service anyway you like to your own sensibilities - in the end it is still that - theft of service no matter how you try to BHL it.  So put your money where your mouth is - don;t talk about it - challenge it

Message 19 of 55 (11,669 Views)
Scholar

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

It's amazing that there's all these repetitive posts about the same thing. I guess it's a good way to leverage in other possible debates to make. I think there should be unlimited tethering and taco bell shouldn't charge extra for sour cream. It's like wow, something that someone wants and people will pay for it so it's charged. Business 101.
Message 20 of 55 (11,608 Views)
Expert

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

Now ATT will start taking steps on the 03/27

 

 

 

AT&T spokesperson Seth Bloom has confirmed that the carrier is alerting users that are tethering without paying for it that they have three options going forward: stop tethering and keep their current data plan, call AT&T and move to an official tethering plan, or, if the customer takes no action by March 27th, ATT will add the tethering plan for them. Bloom explains that the company has decided to stop unauthorized tethering in an attempt to create "fairness for all of [their] customers." You can find an example of one of the letters that AT&T is sending these users below

 

Message 21 of 55 (11,342 Views)
Professor

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

I guess there goes the argument that there's no way AT&T knows what kind of data you're using.
Message 22 of 55 (11,339 Views)
Expert

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


SLIKRICK wrote:
I guess there goes the argument that there's no way AT&T knows what kind of data you're using.

never was a arguement - just a misconception on peoples parts

Message 23 of 55 (11,335 Views)
Professor

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

[ Edited ]

http://www.engadget.com/2011/03/18/atandt-tells-customers-using-unauthorized-tethering-methods-to-pa...

 


Jailbreaking does not violate your terms of service.

 

Unauthorized Tethering does violate your terms of service if caught, which you will now. Free Tethering and $30 Unlimited Data service is not part of your contract which costs AT&T tens of millions of dollars for free riders.

 

But rather than seeking $80 a month penalty fee (3-10GB) ($800 from July to April) or terminating your contract, it doesn't seem they will and just request that you stop using your MiWi or continue and pay the piper on your April bill for how much you go on data tethering.

 

If you decide to continue with Tethering, it would be $105 a month for 10 Gigabytes following your phone and text bill parts, plus additions you signed up for.

 

Message 24 of 55 (11,312 Views)
Expert

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


josephz2va wrote:

http://www.engadget.com/2011/03/18/atandt-tells-customers-using-unauthorized-tethering-methods-to-pa...

 


Jailbreaking does not violate your terms of service.

 

Unauthorized Tethering does violate your terms of service if caught, which you will now. Free Tethering and $30 Unlimited Data service is not part of your contract which costs AT&T tens of millions of dollars for free riders.

 

But rather than seeking $80 a month penalty fee (3-10GB) ($800 from July to April) or terminating your contract, it doesn't seem they will and just request that you stop using your MiWi or continue and pay the piper on your April bill for how much you go on data tethering.

 

If you decide to continue with Tethering, it would be $105 a month for 10 Gigabytes following your phone and text bill parts, plus additions you signed up for.

 


remember terminating your contract could be an expensive option depending on the ETF that is left for your contract. I really doubt that you could argue they are changing their terms to justify no etf since the no tethering without paying for the feature has been in the base cellular service agreement for years.

 

If you continue to tether after the 27th they will change your data plan to the tethering one, a valid change according to teh TOS

Message 25 of 55 (11,296 Views)
Scholar

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

It's the "I want something for nothing" brigade which is an offshoot of the "If I want it I can have it on my terms because you are a big, greedy corporation who wants my first-born child" group. Grow up people! TANSTAAFL to quote Robert A. Heinlein (There Ain't No Such Thing As A Free Lunch.)

Message 26 of 55 (11,278 Views)
Employee

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

I'm not going to be too happy to see all the calls coming in "I lost my unlimited data plan and got the 4GB play for $45..I want my unlimited back"

 

once the system realizes you continued to tether after the first sms you recieved you will lose your unlimited and you won't get it back.

Employee Contributor*
*I am an AT&T employee and the postings on this site are my own and don't necessarily represent AT&T's position, strategies or opinions.
Message 27 of 55 (11,241 Views)
Professor

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


wingrider01 wrote:

SLIKRICK wrote:
I guess there goes the argument that there's no way AT&T knows what kind of data you're using.

never was a arguement - just a misconception on peoples parts


It has never been a matter of misconception neither. Browser detection and packet sniffing have been discussed on these boards numerous times. It's a matter of the cost of using these methods on all the millions of lines versus what might be recovered in lost revenue. Implementing the above methods to be done automatically for the entire customer base would not be logical at all. Seems like the logical thing to do, on AT&T's part, would be to target those high data users that are on unlimited plans. Without unlimited plans, tethering is really a non issue due to the caps. Even AT&T signaled that when it added the additional 2GB of data to the tethering plan.

Message 28 of 55 (11,183 Views)
Expert

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


sitnsidewayz wrote:

wingrider01 wrote:

SLIKRICK wrote:
I guess there goes the argument that there's no way AT&T knows what kind of data you're using.

never was a arguement - just a misconception on peoples parts


It has never been a matter of misconception neither. Browser detection and packet sniffing have been discussed on these boards numerous times. It's a matter of the cost of using these methods on all the millions of lines versus what might be recovered in lost revenue. Implementing the above methods to be done automatically for the entire customer base would not be logical at all. Seems like the logical thing to do, on AT&T's part, would be to target those high data users that are on unlimited plans. Without unlimited plans, tethering is really a non issue due to the caps. Even AT&T signaled that when it added the additional 2GB of data to the tethering plan.


sorry there are numerous posts stating that "ATT cannot detect if I am tethering". Cost is minor since it is a stock feature on commercial grade Cisco gear and is just a licencse cost for the IOS functionalty.

 

More logical is what they are going to do starting the 27th - you tether and you do not have the tethering plan you get your data plan and feture code changed if you do not stop tethering. Perfect solution.

Message 29 of 55 (11,163 Views)
Professor

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


wingrider01 wrote:

sitnsidewayz wrote:

wingrider01 wrote:

SLIKRICK wrote:
I guess there goes the argument that there's no way AT&T knows what kind of data you're using.

never was a arguement - just a misconception on peoples parts


It has never been a matter of misconception neither. Browser detection and packet sniffing have been discussed on these boards numerous times. It's a matter of the cost of using these methods on all the millions of lines versus what might be recovered in lost revenue. Implementing the above methods to be done automatically for the entire customer base would not be logical at all. Seems like the logical thing to do, on AT&T's part, would be to target those high data users that are on unlimited plans. Without unlimited plans, tethering is really a non issue due to the caps. Even AT&T signaled that when it added the additional 2GB of data to the tethering plan.


sorry there are numerous posts stating that "ATT cannot detect if I am tethering". Cost is minor since it is a stock feature on commercial grade Cisco gear and is just a licencse cost for the IOS functionalty.

 

More logical is what they are going to do starting the 27th - you tether and you do not have the tethering plan you get your data plan and feture code changed if you do not stop tethering. Perfect solution.


Stock feature at a minor cost? LOL. So, why didn't they start a long time ago if it is so cheap? Perhaps you can evaluate on this stock feature. LOL. They can pick up on those that are going through the tethering APN when they shouldn't be, but there are ways around that. Packet sniffing and browser detection would be costly to have as in automated feature. Still more logical to target and evaluate high users. A big part of doing this is scare tactics. That alone will stop many of the minor incidental users, but the intent is to stop the big users.

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