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Steven J. Vaughan-Nichols

Tethering Thief Nonsense

By | April 4, 2011, 10:14am PDT

Summary: One of my colleagues argues that if you use tethering–using your smartphone as a Wi-Fi access point–without your carrier’s permission you’re stealing. I disagree.

My ZDNet comrade James Kendrick argues that if you tether–use your 3G or 4G phone as a Wi-Fi hotspot without permission–that you’re a thief. Please. No. Just no.

When AT&T can charge users who have jail-broken their phones, such as an iPhone, to use them as mobile potshots, with a tethering fee, I don’t see how that turns such users into thieves. At the end of the day, they’re still stuck with the bill.

As a lawyer friend of mine put it, “The fact that it may be violation of the Terms of Service is merely a contractual breach; it’s not necessarily ‘illegal’ to jailbreak a phone or to use it as a hotspot, never mind calling it ‘thief.’”

Indeed, if I were going to throw the word ‘thief’ around, I think charging an additional a $20-$30 monthly fee for mobile hotspot service is the real thief here.

I’m not sure what the point is. As I understand it, carriers can now figure out if you’re sharing a phone’s 3G/4G connection anyway. The request for an additional Internet Protocol (IP) from your smartphone would be one dead simple way to spot it. Therefore, no matter how you do it, the carrier finds out and slaps you with an additional charge. You’re not ’stealing’ anything.

The carriers, who control all, are the one getting away with murder here. Unlimited data plans are rarer than hen’s teeth, and like Verizon’s January 2011 unlimited iPhone data plan they come with other limitations. The bottom line is that you pay a flat fee for some data and then additional, and usually horribly high, rates for anything over your limit.

I don’t see why it matters if I use gigabytes of data on my phone or on my phone and laptop. At the end of the day, I still pay for it.

To me a data service is lot like my water line. I pay for what I use. Now I can drink that water, use it on my phone; wash clothes with it, use it on my PC; or shower with it, use it on my iPod Touch. Whatever. When all is said and done, I’ve still paid for the water or service and I’ve not stolen anything.

No, the real problem here isn’t users. It’s the carriers who charge us extra for the ‘privilege’ of deciding how we’re going to use the data/water we receive from them. And, let’s not even talk about how these carrier money-grubbing policies completely break network neutrality.

Related Stories:

The truth about tethering: Pay up or you are a thief

The tethering police are coming, unroot your phones

Paying for a data plan DOESN’T mean you can use it any way you want!

Net Neutrality alert: Verizon to throttle data speeds for heaviest users

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Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system

Disclosure

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols is a freelance writer. He does not own stocks or other investments in any technology company.

Biography

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system; 300bps was a fast Internet connection; WordStar was the state of the art word processor; and we liked it.

His work has been published in everything from highly technical publications (IEEE Computer, ACM NetWorker, Byte) to business publications (eWEEK, InformationWeek, ZDNet) to popular technology (Computer Shopper, PC Magazine, PC World) to the mainstream press (Washington Post, San Francisco Chronicle, BusinessWeek).

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RE: Tethering Thief Nonsense
JACOBSONR 14th Oct
Good day to confirm this comment I would appreciate T h e b e s t o f Z D N e t d e l i v e r e d your website very nice to everyone Yes, Oracle is the only one with shared-disk architecture, but that is there advantage. It means you can add or remove nodes and the database lives on. In a shared nothing architecture, if you lose a node, you lose the system. I'm sure Oracle appreciates EMC highlighting their advantage.I also desire to signal in your RSS feeds. Thank you as soon as once again and maintain up the great operate Awesome post! Thank you very much || thanks for nice content this is really benefit to me.
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bc3tech Updated - 4th Apr 2011
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Governement solution
Dukhalion 5th Apr 2011
In my country tethering is allowed, and beginning this year, You may use other people's unencrypted wifi spots. It was decided that just as insurancecompanies require You to lock Your door to keep thieves, unwanted visitors, animals, rain, storms etc. on the outside, in the same way You must lock Your internetconnection from outsiders. (If You are too stupid to do this, then You should not use computers etc.) But if You so choose to do so, You can let anyone in / use Your net, too. The only caveat is that You are responsible for what they do in Your house / with Your connection. If malware or hacking is done through Your open connection then You are held responsible. So, solutions exist, will You use them?
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RE: Tethering Thief Nonsense
ZazieLavender Updated - 6th Apr 2011
It's pathetic really. The metaphor of water is also just the same. Why should it seriously matter how you use your data plan?

As for the requesting of another IP, this doesn't need to happen thanks to the private IP address space like 192.168.1.x. However carriers CAN inspect packets to see if your device is acting like a NAT device...and the packets the devices you've tethered with your phone will have it's internal IP address in the header anyway.

All of that being said, it's senseless that the wireless carriers have been allowed to act in this way about their service.
I can understand CAPPING users. This is not new, nor is it unreasonable so long as these caps are not buried in legalese in the TOS.
I can understand THROTTLING users, especially heavy users who routinely exceed their cap.
I can even understand a definition of FAIR USE even on an "Unlimited" plan, because you've got other customers' experiences to worry about, and a fair use clause isn't playing dirty if you make it obvious in advertising. Example of this would be "UNLIMITED DATA!" (Slightly Smaller text on next line says "Subject to fair use terms") They would make it obvious when you signed on with the service that, it's subject to some idea of fair use, and this definition of fair use would be made painfully obvious before any contracts are signed. This way it would give the consumer a chance to know that the carrier would not be able to fill their needs appropriately, consider a different plan, or a different carrier. Otherwise it's just deceptive business practices, which is actually illegal in the US

Still, on the matter of tethering, it's outrageous that they insist upon forcing users to pay for tethering. It would make more sense to simply throttle people who don't pay for tethering plans when the system detects that you've tethered, or exceeded normal usage patterns excessively.
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RE: Tethering Thief Nonsense
Aerowind 4th Apr 2011
It's a sad day when I agree with sjvn.
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RE: Tethering Thief Nonsense
Rich Miles 4th Apr 2011
@Aerowind I was thinking the exact same thing.
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RE: Tethering Thief Nonsense
jorjitop 4th Apr 2011
@Rich Miles

Me too!
  • Flagged
@Aerowind

...because why would you put water anywhere near your phone, PC or iPod Touch!

"To me a data service is lot like my water line. I pay for what I use. Now I can drink that water, use it on my phone; wash clothes with it, use it on my PC; or shower with it, use it on my iPod Touch"
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RE: Tethering Thief Nonsense
Hallowed are the Ori 5th Apr 2011
@DevJonny

It was humorous, not realistic. Geez.
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RE: Tethering Thief Nonsense
tatiGmail 4th Apr 2011
Carriers, Music Industry, Apple... have all something in common.

They hate to see users have a free choice when it comes to using the products they spent their hard earned cash on.
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RE: Tethering Thief Nonsense
Yensi717 4th Apr 2011
@tatiGmail So don't spend your hard earned cash on them!
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Mectron Updated - 6th Apr 2011
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RE: Tethering Thief Nonsense
tom@... 5th Apr 2011
@Mectron ... Uhh, you really should use both hands to type such close miinded nonsense.
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Dang them Crminbals!
boomchuck1 5th Apr 2011
You did mean Cannibals, right?
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RE: Tethering Thief Nonsense
kitkimes41@... 5th Apr 2011
@Mectron

And of course the same thing goes for Verizon.
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RE: Tethering Thief Nonsense
Pete "athynz" Athens 4th Apr 2011
This had got to be the first article you've written that I fully agree with. This is not about some fictional tethering bandwidth that the carriers have set up just for data but using the SAME allocated amount of data that any other function of the phone uses. IF there is any theft going on here it is on the carrier's side for double charging someone for a data plan and then tacking on a tethering plan... it all comes from the same amount of data.
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RE: Tethering Thief Nonsense
Rama.NET 4th Apr 2011
@athynz
+1
I second you.
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Its all about contracts
cornpie 4th Apr 2011
Yes I know there are pages and pages of fine print...but if you agreed to it, you are bound by it. Its like any other contract. If you can't live with the terms, the solution is not to sign it anyway and then ignore it. The solution is to not sign it in the first place.

How can you morally justify signing on the dotted line and then ignoring the terms? How would you react if the situation were reversed?

This is a childish mentality that says "I want it and therefore I should have it".
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RE: Tethering Thief Nonsense
KBot 4th Apr 2011
@cornpie

Simple. If, in order for you to eat, you have to sign a contract that makes you pay 1.5 times your salary for the proivaledge to do so, you're going to do it. This analogy is far fetched to say the least, but the point is clear. I do not have an option that tells me exactly in laymens terms what I can and can't do for the very reason specified in the article: business want to bilk money out of their customers. If I know I'm going to be somewhere with no wifi for an extended period of time and i need to be connected, (family emergency, work, whatever), than a data plan might be necessary. Now something comes up and I need to tether my phone to my laptop but I don't have a plan, oh wait, the greed police say I'm breaking the law, but it's ok for a phone company to say unlimited is not unlimited. How many "unlimited" plans exist that have data caps? TONS. You can't re-define the term and an asterix doesn't change the def either. The corporations are breaking the lay with their fine print and lawyer speak. Fact is you are paying for the bandwidth usage, double-billing is illegal and that;s exactly what the phone companies are doing. If I don't use all the bandwidth I don't get money off my bill, but they can double-bill me for tethering while staying under my cap, that, by the way, shouldn;t be there because the plan states unlimited? No, illegal, pure and simple. There is such a thing as implied use and tethering to a phone is an implied use when you stay within your data cap.
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RE: Tethering Thief Nonsense
Norm76 4th Apr 2011
@cornpie

'This is a childish mentality that says "I want it and therefore I should have it".'

Yes, and multi-billion dollar corporations and multi-million dollar lawyers should be held to a higher standard and be called to the carpet for that kind of behavior long before the average citizen.

If they are allowed to double-dip charge for the type of data you attempt to download with your data plan it will very quickly degenerate to the point where they will charge you extra for downloading e-mail to your phone that is not handled by the carriers servers so they can screen it an serve up advertisements by 3rd parties that they've sold your keywords to...and it will all be "in the contract."

'Yes I know there are pages and pages of fine print...but if you agreed to it, you are bound by it. Its like any other contract. If you can't live with the terms, the solution is not to sign it anyway and then ignore it. The solution is to not sign it in the first place.'

Valid point. Which one of the carriers doesn't have pages and pages of fine print? In nearly any job higher than stock boy, your work will expect you to be reachable by cell phone in case of a supposed 'emergency,' so you have to pick one or severely limit your income potential. In fact, my kid applied for a not-much-better-than-minimum-wage summer job and they asked her for her cell phone number.
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RE: It's all about the contracts
bobiroc 4th Apr 2011
@cornpie

And as long as we do not question them and sit around and take it the carriers will continue to nickle and dime their customers on trumped up charges that really are not justified.
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RE: Tethering Thief Nonsense
Pete "athynz" Athens 4th Apr 2011
@cornpie And again I'm asking you if you are so smart and so adult (to be the counter to our so-called childishness) then what US carrier includes tethering as part of their data plans? NONE!

Using YOUR logic then I guess the US would still be under British rule...
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RE: Tethering Thief Nonsense
deadly_dodo@... 5th Apr 2011
@athynz Probably not such a bad thing, the Brits don't get tethering charges.
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RE: Tethering Thief Nonsense
yipsalon 5th Apr 2011
@cornpie
It's not childish, it's grown-up.
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RE: Tethering Thief Nonsense
yipsalon 5th Apr 2011
@cornpie
It's not childish, it's grown-up....
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RE: Tethering Thief Nonsense
yipsalon 5th Apr 2011
@cornpie
It's not childish, it's grown-up....
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Might Have Read His Article
WebSiteManager 4th Apr 2011
It would have refuted some of your "arguments."
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RE: Tethering Thief Nonsense
KBot 4th Apr 2011
There's only 2 ways to settle this, class action lawsuit, and if that doesn't air on the favor of users than everyone drop a data plan. When phone companies aren't selling data plans because they lie to their customers about them maybe they'll switch their tune. I hear sprint's unlimited is really unlimited, anyone know if they allow tethering for free too?
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The simplest solution
oncall Updated - 4th Apr 2011
@KBot

Is for cell phone companies to sell data on a per MB scale. Each MB costs x-dollars and you can use it however you want. How internet access used to be sold. However, that is not what customers want. Customers vastly favor the "all you can eat" menus even if they know there are restrictions or that it'll cost them more in the long run. Cell phones, land lines, television, soda pop, salad bars it's all the same. Sold as "unlimited" or "free refills" but with restrictions. Because they know people perceive the value of the supposedly unlimited thing as greater even when we all know there is only so much soda you can drink in one sitting.

Don't kid yourself about Sprints "unlimited" data. It's only unlimited while Sprint is desperate for customers. The moment the data hungry start to tax Sprints network that will be gone as well.
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Who's a liar?
rock06r 5th Apr 2011
@KBot Um.... pretty sure the terms of your cell phone contracts spell all that legal stuff out in at least two languages (like english and bad english). If you want a class action suit, I would recommend first starting with all our 3rd grade English teachers.... imagine the waste of time teaching us script and writing those HUGE letters on a blackboard. They should have taught us to write in dot-matrix format and no larger than 1/8" tall letters. That would be soo much more useful now. Sigh.
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RE: Tethering Thief Nonsense
RichHalvor 4th Apr 2011
This reminds me of broadband in the early days. Does anyone remember friends/relatives being charged more for the priviledge or accessing the internet on more then 1 computer at the same time. I wish someone would take the providers to court and argue this same principal. We pay for a certain amound of data per month and should be able to use it how we see fit. The carriers don't want to be just dumb pipes, but if they would and would stop competeing to see who can add the most stupid widget to our phones, I think they might see growth of people ready to deal with straightforward plans and no tricks.
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RE: Tethering Thief Nonsense
bobiroc 4th Apr 2011
@RichHalvor

I remember comcast trying to pull that crap on me back in the day. I added a router and somehow they knew. Well I used the Mac Cloning feature in the router and told them I removed the router.

I think tethering is the same. Unless the carrier's can prove it costs them more to supply data through tethering than it does when used straight from the phone then I think it is all BS. They already put unjustified caps on what they call unlimited anyway.
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I agree
bobiroc 4th Apr 2011
If you pay for a data plan that is already capped then as long as you stay under that number it shouldn't matter how you access the internet. Data is data right? How can the difference of a person using the web built into the phone or tethering the phone to a computer cost the carrier any different? If it does not cost them a thing then how can they charge?
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RE: Tethering Thief Nonsense
notme403@... 4th Apr 2011
Like the protection game in gangster movies. You pay for a "service" to protect you from the service providers.
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RE: Tethering Thief Nonsense
kurt@... 4th Apr 2011
@notme403@... I think you just hit the nail on the head.
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RE: Tethering Thief Nonsense
jgemberton@... 4th Apr 2011
So I can buy a dedicated mobile hotspot from VZ and pay the same data rate as a phone, and connect up to 5 devices to it. But I can't use my existing phone to perform the same function??? I don't get it. Actually, I do. It's called a money grab.
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Whine, argue, justify
oncall 4th Apr 2011
It's a simple matter of breach of contract. If you don't like the fine just ignore it like my father did and spend the next several years using disposable no-contract phones because no one will sign you up. He loves to tell me how he will never let them have the satisfaction and I'm like "whatever dad just be sure to let me know what your up to date throw away number is."
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RE: Tethering Thief Nonsense
KBot 4th Apr 2011
@oncall

well if more people like your dad did that than this would be a non-issue, because the phone companies would go "$hit, I guess the customers do care that we were treating them like crap," and they'll remove the nonsense that is double-billing.
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Yes, money talks
oncall 4th Apr 2011
@KBot
And you know what walks. I am pretty sure 90%+ of the big talkers here would pay the money rather than go a single day without their cell phones. Like I said "whine, argue, justify" but actually turn off their service to teach the "evil" corporations a lesson? Yeah when pigs fly.
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If the war had ended differently they would have been shot or hanged maybe even both and our history books might have a single chapter about them which they would be described in the vilest of fashions. The point being go ahead and call me a thief. To be honest I never read a single contract that is over a single page long, nor do I struggle with lawyer speak. If the contract is not clear I consider it the fault of the provider not me and I only agree to what I was shopping for the features and services I signed up for any small print or lawyer speak is not my problem nor does it trouble me in the least. To be totally honest I pick and choose what laws, rules, and regulations I follow on an almost daily basis. Thief maybe? Like I said technically our founders were dyed in the wool traitors:P

Pagan jim
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RE: Tethering Thief Nonsense
ALISON SMOCK 4th Apr 2011
The reason they make you pay extra is simple. If you're on your phone, they expect you to use a relatively small percentage of what you actually pay for. But if you've got a computer tethered to it, you'll be more likely to use more of it. It's simple overcommitment, just like in the bad old days of one modem for every fifteen dialup customers.

That doesn't make it any less ********.
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RE: Tethering Thief Nonsense
timspublic1@... 4th Apr 2011
They are just learning from the government. They tax you on earning money, they tax you when you spend it and if you have any left they tax you if you die having any.
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RE: Tethering Thief Nonsense
DeusXMachina 5th Apr 2011
@timspublic1@...

Which is just how Adam Smith envisioned it.

"Every tax, however, is, to the person who pays it, a badge, not of slavery, but of liberty."

-- Adam Smith
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RE: Tethering Thief Nonsense
ALISON SMOCK 5th Apr 2011
I really like the water usage analogy.

But if what you say is true, that tethering asks for another IP (address?) in addition to the one the phone is using, then that does potentially create an issue. A company has a limited number of IPs. Tethering your laptop to your phone means needing another IP--needing another water line (here the analogy starts to break down if you look too closely). So if that's the case, I can see a need for a _reasonable_ fee for that privilege.

On the other hand, if tethering is the same as me using several computers through a router, each with a unique LAN IP address, and only taking up one WAN IP, I don't see a justifiable cost increase.

Honestly, I'm not sure the technical details of what goes on with tethering. I can't justify the cost of a smartphone, so I haven't done any reading on the topic.
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RE: Tethering Thief Nonsense
mm71 5th Apr 2011
Wow, SJVN can write an article without badmouthing Microsoft. Surely hell's freezing.
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Faulty belief system
rock06r 5th Apr 2011
"I don?t see why it matters if I use gigabytes of data on my phone or on my phone and laptop. At the end of the day, I still pay for it."

It's very simple, and you should know better and report the whole truth, not just your own side. The fact of the matter is that major carriers pay for data by the Gigabyte. Yes, that's right. All those companies that give you unlimited data usage for your computer system are in fact getting charged for every single bit and byte that make it through their wires. Add to that the staggering costs of upgrades. 3G is too slow. We all want 4G. Guess what? We get to pay for that too. Now with 4G you can consume ever more data in less and less time. Again... someone needs to pay for that too. Not a big deal when two or three hackers do it. But it is a big deal when 10%, 20%, or 45% (I'm lookin' at you, limewire) of users are doing it. It's a free economy. If you disagree, you have every right to cancel the service, give 'em back their phone/modem/carrier pidgeons (can you say A.T.& T.) and call it a day. Sheesh, I think people forget their rights ... you know, that stuff that some old fart wrote down on that little old parchment paper that they now call "the constitution". Pretty sure there's nothin' about internet access and free stuff anywhere in that there paper. Although... you do have the right to remain silent...?! :P
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RE: Tethering Thief Nonsense
DeusXMachina Updated - 5th Apr 2011
@rock06r

There most certainly is. It is called the tenth Amendment. Many of the founders were against the ENTIRE idea of a Bill of Rights, exactly because of people like you. They feared that if you enumerated rights the government was obliged to protect, that some fool would come along decades later and claim that those were the ONLY rights the founders intended to protect. They were very prescient.

It is fine to point to the Constitution and say, "these rights are protected." It is not fine, as idiots like that paragon of legal buffoonery Scalia and other strict constructionists are wont, to do the opposite, claim "these rights are not enumerated, so they are NOT protected." This is NOT what most of the founding fathers intended, and they SAID so, quite vociferously.
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RE: Tethering Thief Nonsense
paul613 5th Apr 2011
Here's why AT&T holds that tethered data is a value-added service that warrants a surcharge. When AT&T sets a monthly price on a 5GB data plan, it's calculating that the mean use will be, say, 2GB. When more subscribers tether, more of them max out their 5GB data plans, causing AT&T to require more infrastructure.

I used to hear this same argument in the college cafeteria. If you were on the meal plan, you weren't allowed to let someone else use your meal card if you were, say, out of town, or decided to eat at a restaurant. "What's the difference," cheaters would indignantly huff, whether the meal is consumed by me or by a friend?" The difference is that the plan has been priced as low as it is because the school coud count on students missing some meals.
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RE: Tethering Thief Nonsense
DeusXMachina 5th Apr 2011
@paul613
No. No one is talking about others using your plan. It is more like schools forcing you to skip a few meals if you have a huge appetite or your eating habits deviate from the statistical norm.
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RE: Tethering Thief Nonsense
mdvansickle 5th Apr 2011
So how can we join our voices and get these companies to stop this additional tethering charge?
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RE: Tethering Thief Nonsense
mdvansickle 5th Apr 2011
So how can we join our voices/opinions to get these phone providers to remove the tethering charge? The data cap covers it. And for the water anlogy. I do wash my phone, mp3, etc with water and cloth occasionaly.
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RE: Tethering Thief Nonsense
JACOBSONR 14th Oct
Good day to confirm this comment I would appreciate T h e b e s t o f Z D N e t d e l i v e r e d your website very nice to everyone Yes, Oracle is the only one with shared-disk architecture, but that is there advantage. It means you can add or remove nodes and the database lives on. In a shared nothing architecture, if you lose a node, you lose the system. I'm sure Oracle appreciates EMC highlighting their advantage.I also desire to signal in your RSS feeds. Thank you as soon as once again and maintain up the great operate Awesome post! Thank you very much || thanks for nice content this is really benefit to me.

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