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T-Mobile Slashes Fair Use Policy, Says Download At Home
nk497 writes "T-Mobile in the UK has revealed a new fair use policy, cutting caps from 1GB and 3GB to 500MB, saying mobile browsing doesn't include videos or large downloads. 'If you want to download, stream and watch video clips, save that stuff for your home broadband,' the company said. All those people who have bought smartphones with the aim of doing such things on the go may not agree with the mobile operator, however. Any user that goes over the new limit won't be charged, but will be blocked from downloading or streaming for the rest of the month."
1. It applies to everyone. They invoked the small print in the contract which says that they can alter it any time they like.
2. Everyone is misreading the switch. T-mob is from now on treating Google, Facebook, etc differently from video downloads and over-the-top media for billing purposes. Next stop on this train is called "bill per app" exactly as was originally intended with 3G/LTE VAS and IMS.
3. As per UK contract legislation all T-mob customers who are affected now have 30 days to terminate the contract if they do not like it. Very few will do though - most phones on T-mob are subsidised so to terminate the contract one has to pay the balance on it (at the outrageously inflated "not-locked-in price).
Baker's Law: Misery no longer loves company. Nowadays it insists on it
http://www.sigsegv.cx/
At about 320KB per webpage (http://code.google.com/intl/nl-NL/speed/articles/web-metrics.html), you could watch about 50 pages per day on average. If caching is used, this would be more.
Ofcourse, if some of those webpages have movie files, you're screwed.
Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
Another factor may be that they have experienced that too many users are now using data communication - at least in some areas and that means that too many persons are sharing the same bandwidth which results in an overall bad experience for all users. So this is a way for them to provide a good experience for most of the users.
And providing more bandwidth is expensive - so maybe they will come with an offer that allows users to pay more for more data. Especially business users are willing to pay for that.
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
Try Tesco first (they run on the O2 network)
Thanks for the suggestion but O2 shares the same corporate overlord with T-Mobile, so I don't trust them to not pull a similar stunt a few months down the road.
But, don't most people use a WiFi connection for this sort of downloading?
What "sort of downloading"? 500 MB/month is 16 MB/day on average. That's bandwidth for a full day shared between upload and download. I got more by my f*cking 56k modem in a single hour in 1999, even counting only downloads.
500 MB/month is on average less than 187 bytes per second. I know there are peak times, but is their network really so suckish that this is the cap that they have to impose?
Seriously? In 2011?
There's a hidden treasure in Python 3.x: __prepare__()
...This is bordering on false advertising, made legal only by a line of small print that allows them to change the contract any time they wish.
Dunno about the US, but her in NL you cannot change a contract without giving the other party a chance to break the contract. No small print can invalidate that. And that is how it should be IMHO.
Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
I pay for 5gb at full speed, and then anything over that at reduced speeds. Then I pay another $15 to purchase tethering, and use my HTC Magic as my home internet connection, which I believe gives me more data as well. With 500 minutes, unlimited text, unlimited data (with the first 5 gigs at full speed) and unlimited tethering and wifi sharing, fees, etc... my bill is $95 per month. I'm happy. I hope this never goes away.
Not to poop on your party, but $95 per month is at least 2 to 3 times more than you pay for a similar service in most European countries. For instance in Austria you can get 19GB (with no restrictions on tethering) per month for 15 euros from Drei. Add voice and sms and you will spend maybe 30 euros a month.
than. Than. THAN!!!!
Section 7.2.3.2 in their terms and conditions says that if they introduce a change which "is of material detriment" to you, you can terminate your contract without charge.
Now, what exactly does "material detriment" mean? I'm guessing T-Mobile's lawyers are sufficiently competent that it will not mean "I just signed up for a 24 month contract which I can cancel but keep my new phone" as I hope it does.
Even if it means exactly that, I bet they won't give me time to port my number.
The contract has to allow you to break it if they change terms to your detriment, as part of the UCTA in the UK.
So they can change the terms, if you dont agree with them and they are detrimental to you you are free to cancel your contract and retain any "free" phone. (as it was free, not contingent on you seeing out your contract)
Of course IANAL. But formally notify them of your intentions (registered post), give one month notice (as good will) and then, if they dispute ensure you transfer your number out (so they dont hold it hostage) and make them take YOU to court. It will require them to file in small claims court, ad they will have to show how drastically cutting your limits and then blocking you from using data at all if you breach them somehow ISNT detrimental - which they will struggle with.
If they dont take you to court, and instead try to use debt collection, then you take them to court to show that there is no debt as you were not bound to the contract due to their actions and your reasonable response. Again, small claims court is your friend - IF they show up it will cost them more than your contract value.
Usual IANAL, but I have done this before with mobile phones.
As above. Unfair Contract Terms Act, mainly - any contract of adhesion which contains unconscionable terms, which clauses allowing unilateral changes to terms are, falls under this legislation and any clause permitting is considered null. (as they normally have a severability clause to ensure that one invalid clause doesnt invalidate the whole contract)
This means that enforcing new terms unilaterally requires that they have a) terminated the old contract (as due to UCTA they cannot vary any terms unilaterally) and b) are *offering* you a new one. You do NOT have to accept their offer, at which point your business arrangement with them has ended.
If the phone was a gift (advertised as Free, or witha nominal cost) then you keep the phone and owe nothing more. No termination fees, nothing.
Make sure you follow up any phone call with a registered letter giving notice of termination due to non-acceptance, with a copy to their legal department, and a requirement to provide the PAC within 14 days (ofcom requires 3, but 14 is a "reasonable" minima given the circumstances - and you need to show you have been reasonable at every step) to get your number out. Ensure that you reserve the right to pursue them through small claims court. Make sure you cite either your enumerated rights to do so, which most contracts have somewhere in the small print, or point out UCTA which means you have those rights REGARDLESS of what they say.
No.
Please mod this informative.
If you think imaginary property and real property are the same, when does your house become public domain?
The problem is you're wrong. AT&T spent billions on network upgrades last year.