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AT&T Changes TOS, Limits Streaming, Tethering

MojoKid writes "Just one day after announcing plans to subsidize netbooks, AT&T wised up to the fact that those netbooks and connections could be used to download movies and enjoy other bandwidth-intensive applications. Apparently trying to avoid bogging down their network, the company revised its data plan service terms to single out and prohibit 'downloading movies using P2P file-sharing services, customer initiated redirection of television or other video or audio signals via any technology from a fixed location to a mobile device, and web broadcasting...' The license agreement further prohibits tethering the device to PCs or other equipment. That's a pretty strict set of rules. After all, the new terms of service seems to limit applications such as SlingPlayer, Qik, Skype, and Jaikuspot, which many AT&T customers are currently using without issue." Update — April 4, 02:50 GMT by SS: Reader evn points out an Engadget report that AT&T quickly retracted the changes.

24 of 86 comments (clear)

  1. Already been reversed by evn · · Score: 5, Informative

    Engadget is saying the terms have already been retracted

    The language added on March 30 to AT&T's wireless data service Terms and Conditions was done in error. It was brought to our attention and we have since removed it. We apologize for any inconvenience this may have caused.

    1. Re:Already been reversed by jcr · · Score: 2, Interesting

      Wow, that was quick. I'm very surprised that AT&T didn't even try to tough it out.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Already been reversed by syousef · · Score: 4, Insightful

      Perhaps they realised that people pay for Internet access so they can fucking well use it.

      --
      These posts express my own personal views, not those of my employer
    3. Re:Already been reversed by ElectricTurtle · · Score: 2, Informative

      That is a very, very isolated scenario. There isn't anything like that in my entire time zone.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
  2. Well, you need to use the internet the right way by tkrotchko · · Score: 5, Insightful

    In AT&T's world, you can have unlimited access to the Internet, provided all you want to do is look at static web pages and check your email.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  3. Already retracted and Apologized. by cwrinn · · Score: 4, Funny
    --
    Here's a cookie... *psst* it's MAGIC
  4. To Avoid Bogging Down Their Network? by Greyfox · · Score: 2, Interesting

    Is this the same slower-than-hell network the iPhone connects to? 'cause I got news for them, it's already bogged down. Perhaps they should worry less about the 3 guys who can be bothered to figure out how to tether their netbook and add some more pipes instead...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:To Avoid Bogging Down Their Network? by Anthony_Cargile · · Score: 2, Funny

      Perhaps they should worry less about the 3 guys who can be bothered to figure out how to tether their netbook and add some more pipes instead...

      I believe the correct term is "tubes".

    2. Re:To Avoid Bogging Down Their Network? by sjames · · Score: 2, Insightful

      I notice that all of the broadband providers advertise endless about how studly their network is while constantly whining to regulators about how it's coming apart under load.

  5. Existing customers? by JSBiff · · Score: 4, Insightful

    First, yes, I know people have posted that ATT has already retracted this particular TOS.

    But, I have a more general question. When I sign a contract with any mobile company for service, shouldn't the TOS be fixed at that point? If ATT (or whoever the mobile co is) wants to require me to accept new TOS in the future, does that entitle me to get out of the contract without an early-termination fee?

    Seems to me that a contract where one party can change the terms at any time and I must accept those terms without being able to terminate the contract, is a pretty darn aweful contract. So aweful, I would think it would be illegal?

    1. Re:Existing customers? by Ceiynt · · Score: 4, Informative

      In general, yes, you can cancel your contract free of charge at that point.

    2. Re:Existing customers? by Hadlock · · Score: 3, Informative

      Yes you have (typically) 30 days from when they change the TOS to terminate your contract at no charge. My friend and his GF both terminated their phone contracts to go with a third provider so they could talk to eachother for free based on the fact that they'd upped thier SMS fees three times in the last six months without giving them written notice. If you need to dump your provider jan-feb is the time to do it, which is when your TOS are usually changed. Only noobs pay early termination fees.

      --
      moox. for a new generation.
    3. Re:Existing customers? by dfm3 · · Score: 4, Insightful

      Ever notice how just about every contract/eula has some statement to the effect of "we reserve the right to change these terms at any time without notice"? When that happens, you have the option of dropping the service at that point, but that's about it. Continuing to pay your bill after the company changes their terms is considered "acceptance" of the new terms.

      Of course, they'll do everything in their power to prevent you from noticing the changes while doing the bare minimum required to "notify" you. My credit card company is notorious for this. Whenever there's a change in the terms of service or interest rates, they mail you the notice as a tiny slip of paper with 5-point legalese text buried in an envelope that looks deceptively like a piece of junk mail, then cram the envelope full of glossy fliers advertising related "services" in hopes that you toss the whole thing out without giving it a second look.

      If you find out about a pending change and you want to get out of a service contract without any fees, that's the time to do so. Of course, I'm sure if they could legally keep you from backing out without a fee, they would.

  6. Re:Well, you need to use the internet the right wa by wraithguard01 · · Score: 5, Insightful

    Yes, it's quite ridiculous. Their terms of service are like not letting a fat person into a buffet, because they will eat more. Quite frankly I think terms like that are preposterous. I hope their TOS will get challenged at some point.

  7. Re:Slashdot editors need to learn how to edit. by perryizgr8 · · Score: 2, Informative

    It's JoikuSpot, very interesting software that makes your 3G cell phone into a WLAN access point. JaikuSpot seems to be some kind of Twitter.

    --
    Wealth is the gift that keeps on giving.
  8. Re:Well, you need to use the internet the right wa by fuzzyfuzzyfungus · · Score: 4, Funny

    As soon as Bell Labs perfects a time machine, AT&T will begin offering unlimited, unfiltered cellular internet, connected directly to the internet of 1994.

  9. Re:Well, you need to use the internet the right wa by maxume · · Score: 2, Funny

    My god, it <blink>s!

    --
    Nerd rage is the funniest rage.
  10. Re:Well, you need to use the internet the right wa by Heather+D · · Score: 3, Informative

    It's odd that they would have even considered this. Their cap is 5GB/month. I would think that that would be enough to stop most of this activity.

  11. It doesn't look like they've pull the verbage yet! by MojoKid · · Score: 3, Informative

    They may have said it has since been retracted but it looks still pretty much up there to me. http://www.wireless.att.com/cell-phone-service/legal/plan-terms.jsp

    And they must have been pretty determined to spell it out, with all the legalese you see here, so I doubt it was an accident.

    Here's the text as it is still live on their site:
    Prohibited and Permissible Uses: Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). While most common uses for Intranet browsing, email and intranet access are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; (ii) as a substitute or backup for private lines, landlines or full-time or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet-based resources, including "denial of service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; (vii) software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T's data retry requirements, which may be changed from time to time. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services, web broadcasting, and/or for the operation of servers, telemetry devices and/or Supervisory Control and Data Acquisition devices is prohibited. 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/PDA-to computer accessories, Bluetooth® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies.

  12. Genuine bandwidth scarcity? by syncrotic · · Score: 3, Insightful

    I'm the first to argue that transfer caps on fixed broadband are bullshit: nothing but thinly-veiled attempts by cable companies to strangle video downloads in the hope of protecting their broadcast revenues.

    Might mobile broadband be a different story though? There's only so much data you can push through the air on a given frequency range with a given SNR... might it be that the cellular network can't support a significant number of video-downloading mobile users? It was, after all, designed to support voice calls at somewhere around 9.6kbit/s, with data capabilities grafted on as a bit of an afterthought.

    We'd all like a future in which cellular companies are generic wireless bit pipes, carrying voice, video, and everything else the internet has to offer at the best possible quality... but what kind of cellular network would it take to make that a reality? With the spectrum we have available, would we need a low-power cell on every street corner?

  13. Guarding against minor changes in Terms of Service by KWTm · · Score: 3, Interesting

    Ever notice how just about every contract/eula has some statement to the effect of "we reserve the right to change these terms at any time without notice"? ... Of course, they'll do everything in their power to prevent you from noticing the changes.

    Agreed! While I still haven't figured out what to do about such notices on paper, I decided to do something about the electronic equivalent where (for example) every time I pay my cell phone bill online, they have a tiny scrolling window with the Terms & Conditions (T&C) with the "accept" and "reject" buttons.

    Of course, if you don't actually check, you don't realize what a huge bunch of text there is within the tiny scrolling window. And since I pay the bill monthly, I'm not about to wade through all that text each time to see if they added a "and you owe us your first-born son" clause or something.

    I wrote a quick shell script to make a comparison. Now whenever such T&C text shows up, I select the text with my mouse and run the script, which pulls text from the clipboard and compares it to a bunch of text files in a directory (which contain T&C from various web sites, services, etc). It will identify which file contains the old version of the T&C, and check if there are any changes. If there are, it will alert you.

    So far I haven't found any service trying to sneak in changes yet, but I'm going to keep my guard up.

    If you're interested in the script, I put it in this entry in my journal. Constructive criticism welcome. GPL.

    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
  14. Re:Slashdot editors need to learn how to edit. by commodore64_love · · Score: 2

    >>>I would have thought that Slashdot editors would have learned to be editors

    Well since you're being anal, I'm going to mirror that attitude and be anal too. The actual name of this software is an Asian pictogram, and therefore the English spelling is only an *approximation* of how it sounds, not the actual word (which is a symbol). And second, typing "jai" instead of "joi" appears to be a simple typo, not a capital offense.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  15. This is interesting... by catdriver · · Score: 2, Interesting

    Examples of prohibited uses include, without limitation, the following:
    ...
    (ii) as a substitute or backup for private lines, landlines or full-time or dedicated data connections;

    Someone correct me if I'm wrong, but doesn't this seem to imply that you *must also* have dedicated home telephone *and* data service or you're violating their TOS?

  16. Regulation by ieatcookies · · Score: 3, Insightful

    There needs to be more regulation on how services are advertised in general. It's pretty retarded to say "unlimited" service when in fact it's nothing of the sort. You should not be required to learn what "unlimited" means in the scope of that contract. Companies should be responsible foe literal terminology.