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Google Allows Carriers To Ban Tethering Apps

iluvcapra writes "Google, in its continuing struggle to provide phone carriers (if not its end users) with an open platform, is now banning tethering apps from the Android market. These apps haven't disappeared and can still be sideloaded, insofar as your carrier doesn't lock this functionality or snoop on your packets."

25 of 328 comments (clear)

  1. Not Banned by Nerdfest · · Score: 4, Informative

    From what I've seen (from screenshots) they're not banned as such, but they will not load to a specific carrier if that carrier has asked that it be blocked. You can still side-load it, with your carrier's data charges being incurred at your peril.

  2. This is good. by Anonymous Coward · · Score: 5, Insightful

    It puts more load on their network if you use up your five gigabytes of monthly data with your laptop instead of your cell phone, unless you pay extra for it.

    1. Re:This is good. by icebike · · Score: 5, Insightful

      Basic contract law says that they can't make changes to the contract without your agreement.

      You agreed to let them make changes to the contract when you signed it.

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    2. Re:This is good. by PopeRatzo · · Score: 4, Funny

      You agreed to let them make changes to the contract when you signed it.

      Either that, or your contract specifies that every time you use your phone you are agreeing to any goddamn agreement they want.

      It's all fun and games until they abduct you and sew your lips to someone's asshole. I seen it on the teevee.

      --
      You are welcome on my lawn.
    3. Re:This is good. by base2_celtic · · Score: 4, Insightful

      But you can't. IANAL, but any contract that says "you agree to any changes in the future" is illegal and non-binding.

      This is why WoW's Terms and Conditions are continually popping up for you to agree to -- every time they make a change, you have to reagree.

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      Using the holy grail of OSes...
    4. Re:This is good. by icebike · · Score: 3, Insightful

      But you can't. IANAL, but any contract that says "you agree to any changes in the future" is illegal and non-binding.

      This is a almost universal in subscription service contracts. For you, a non-lawyer, to stand up and state that it is universally non-binding flies in the face of the facts that it is used everywhere, enforced everywhere, and any time you challenge it, they simply terminate the contract and send you packing.

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    5. Re:This is good. by RoFLKOPTr · · Score: 5, Informative

      and any time you challenge it, they simply terminate the contract and send you packing.

      Because saying you automatically agree to any changes is illegal and they can't hold you to it. Anybody can put ANYTHING in a contract, but that doesn't mean they can enforce it. All they can do is terminate the contract, which is exactly what's being discussed here. Wireless companies cannot charge you an ETF when you decline a change to your contract. The contracts state "We (The Company) may terminate the Contract at any time for any reason" and any change to the contract that is met with your declination will cause the company to enact that clause and send you packing. Of course, they would have to eat the cost of the device as well, but that's what they'll do if the new contract terms are so important.

    6. Re:This is good. by Anonymous Coward · · Score: 3, Funny

      Of course they can't. But that's why they always include the "by continuing to use the service you agree to our new terms" BS as standard boilerplate when you sign on.

      I suppose with smart phones they now have the ability to pop up a little window every time you connect to their phone network with a message notifying you of changes. Something brief and to the point like "The terms of your contract have been altered. Pray that we don't alter them further" would seem appropriate.

    7. Re:This is good. by RoFLKOPTr · · Score: 4, Informative

      They have your credit card and a contract that says you promised to pay, and the credit card company will simply pay it and bill you. You won't have a leg to stand on when you complain.

      If you are a lawyer you would know that the agreed to right to modify, signed in advance, is enforceable the vast majority of the time. Only rarely do you find a judge who with tell them they can't do it. If they were getting bitch slapped by judges as often as you seem to think, they would stop putting that in their contracts in the first place. But its still in there. Know why? Cuz it works.

      I promised to pay $199.99 plus tax for my Droid X, to extend my contract for 2 years, and to be subject to an early termination fee of $350 should I cancel my service before the contract time is up. That's what I promised to pay. They didn't loan me the extra $400 of MSRP and tell me that it will be paid off over time automatically as I continue my service. I paid $199.99, and that's it.

      From Customer Agreement | Verizon Wireless:

      If you cancel a line of Service, or if we cancel it for good cause, during its contract term, you'll have to pay an early termination fee. If your contract term results from your purchase of an Advanced Device after November 14, 2009, your early termination fee will be $350 minus $10 for each full month of your contract term that you complete. (For a complete list of Advanced Devices, check verizonwireless.com/advanceddevices.) Otherwise, your early termination fee will be $175 minus $5 for each full month of your contract term that you complete.

      Can Verizon Wireless Change This Agreement or My Service?
      We may change prices or any other term of your Service or this agreement at any time,but we'll provide notice first, including written notice if you have Postpay Service. If you use your Service after the change takes effect, that means you're accepting the change. If you're a Postpay customer and a change to your Plan or this agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no early termination fee.

      What Are Verizon Wireless' Rights to Limit or End Service or End this Agreement?We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, if you're a Postpay customer, (f) pay late more than once in any 12 months; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven't yet billed the charges); (h) provide credit information we can't verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your device from its manufacturer's specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.

      They WILL eat the device charges. They have to. Declining a change in your contract and causing Verizon to cancel it is NOT "good cause" to charge an ETF.

      If YOU are a lawyer you would know that there's a reason Verizon's customer agreement goe

    8. Re:This is good. by Whalou · · Score: 4, Funny

      It's all fun and games until they abduct you and sew your lips to someone's asshole.

      So that's the origin of that IANAL expression.

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      English is not this .sig mother tongue...
  3. Why the sensational title? by bogaboga · · Score: 4, Informative

    Google Allows Carriers To Ban Tethering Apps

    I beg to differ, and here's why.

    Android based smart phone users are not prevented from installing tethering apps from elsewhere. In fact, one can [still] install them if on the Sprint network.

    What Google has done is to 'comply' with Verizon's request to have tethering apps removed from the Android Market if this market is accessed by Android devices *on* the Verizon network.

    This falls short of a ban as implied by the diction in the title.

    1. Re:Why the sensational title? by Nerdfest · · Score: 4, Insightful

      Why the sensational title

      The 'i' in Android is not at the beginning of the product name.

    2. Re:Why the sensational title? by MimeticLie · · Score: 3, Informative

      The GP's point was that the apps aren't "banned", they just aren't available from the official store. With an iDevice, you could argue that to be the correct terminology since you can't get apps any other way short of jailbreaking. With Android however, removing the apps doesn't mean that individual users are banned from using them.

  4. Re:Damn. by MoonBuggy · · Score: 4, Insightful

    By jailbreaking your handset, and telling the carrier to be more honest in their marketing next time if they complain?

  5. Re:Damn. by MoonBuggy · · Score: 5, Interesting

    Also, while I'm aware that this could only be considered 'on topic' by the most tenuous of standards, I'm surprised we got a term so positive as 'jailbreak' into mainstream usage. The connotation that the phone as-provided is trapped in a jail, and that the user is freeing it by hacking the OS, seems like a reasonable analogy to me, it's just that I would've expected the carriers to go for a bit of negative PR. Something along the lines of "Sure, you could install that evil communist app that hasn't been authorised by an upstanding corporation's store, but you'd need to terrorist-molest your phone to do so. You don't want to do that, do you?"

  6. Capped. by icebike · · Score: 5, Insightful

    With virtually all carriers capping virtually all plans these days, any rationale for preventing tethering disappeared.

    Now it is simply GREED. They have special plans that add tethering. Therefore you can't tether for free any more.
    They can't claim network impact. As long as you stay under your Cap what is the problem?

    There is precious little data to suggest tethering users actually use more data. I know I don't. Sometimes I just want to
    send an email attachment that happens to be on my laptop. Some times I need to SSH into a server and can't put up with
    trying do deal with a command line task on that tiny screen.

    But it seems the defenders of this clamp down all seem to be rushing to defending the carriers because the carriers
    rely on the "over sell" of their bandwidth. Any user that approaches his CAP is therefore somehow stealing from
    the carrier. (I kid you not, I've seen this argument posted).

    But even to reach that level of gullibility you have to buy into the idea that people who tether use more data. But its just not supported by the facts.

    The coming release of a flood of WIFI only tablets, with no continuing data plan for the carriers has a lot of people planning to tether these tablets for those few times a year when traveling where there is no handy WIFI. The carriers are trying to nip this in the bud, and they believe that every handheld device needs to have a carrier plan.

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  7. Re:Great, then Apple never banned apps either by Kenja · · Score: 3, Informative

    There is a difference between jailbreaking your phone, and checking a check box.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  8. VPN + tethering works & why we like cryptograp by EnergyScholar · · Score: 3, Insightful

    This totally works. Yes. This makes it impossible for anyone without your VPN keys to inspect your packets. VPN is just an encrypted P2P connection. Carriers will not arbitrarily block encrypted connections. Ergo, this is technically how to overcome any attempts to block tethering by the network provider. If carriers begin to routinely block tethering, this is how the technically adept will respond.

    Here is another example of why all traffic on the internet should always be encrypted. Should we fork the internet, this is how the new, forked version will have to work.

  9. Re:Damn. by mspohr · · Score: 4, Interesting
    This is my favorite feature of my Nexus One. Just a few taps and it turns into a WiFi hotspot. This one feature has saved me hundreds of dollars on hotel rip-off WiFi prices. Nice also in the car to have WiFi for your passengers.

    This is a feature of 2.2 (and above) unless your evil phone carrier disables it. (T-Mobile is happy with me using it.)

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    I don't read your sig. Why are you reading mine?
  10. Re:Damn. by MoonBuggy · · Score: 3, Insightful

    The carrier sells you 'x' GB/month of total data transfer (where x=data_rate*seconds_in_month if they sold the plan as 'unlimited'). What the hell difference does it make which device those bits happen to end up on after transiting through your phone?

  11. Re:VPN + tethering works & why we like cryptog by Aighearach · · Score: 4, Interesting

    You just have to have the vpn server on port 80 or 443 and you'll look a lot like https :)

    That's what I do to get on my vpn from the library.

  12. Re:Great, then Apple never banned apps either by ScrewMaster · · Score: 3, Informative

    The distinction is that, on Android, you can load up a tethering app without the need to install some shady jailbreak and compromise your handset's security.

    "Shady jailbreak"? It's Apple that has a problem with shady jailbreaks, not Android.

    In any event, it's called "gaining root access" or rooting in the Android universe, and secondly there's nothing shady about gaining control of your own property. Let me ask you: would you tolerate HP, Dell, or for that matter Apple locking down your desktop machine in such a manner? No? Well then.

    Furthermore, if you aren't on a complete dick carrier (I'm looking at you, AT&T) the standard Android Wi-Fi and USB tethering options are built-in. No need to download some shady app from the marketplace or even bother to root. Tethering is actually a part of the current Android releases, has been for some time now, and if your Android device doesn't have it it is because your cheapass, bloodsucking wireless provider thoughtfully removed it for you.

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    The higher the technology, the sharper that two-edged sword.
  13. Re:Damn. by mlts · · Score: 3, Informative

    Actually, in Android there are multiple layers of rooting:

    1: Getting a root prompt.
    2: Keeping a root prompt and changes done, as opposed to having the phone soft-brick (until it gets reflashed), or automatically reinstall itself.
    3: Being able to keep the root prompt across a reboot.
    4: Being able to modify filesystems, mount them read/write and have changes persist across reboots.
    5: Flash a ROM, kexec()ing around the signed kernel, because the bootloader is encrypted. Other than the Droid and the Xoom, this is the best modders can do with Motorola devices.
    6: Flashing a completely customized ROM with a custom kernel.
    7: Disabling anti-consumer crap completely on the device and allowing the user to do what he/she wants. This is how the Nexus and other Google items ship (fastboot oem unlock.) Complete unlock means that the device is not carrier locked, nor locked to a certain ROM. This is why I highly recommend GSM based HTC devices -- IIRC, almost all of them can have "S/OFF" flipped, so they don't care what ROM or carrier they work with.

  14. Re:Damn. by Falconhell · · Score: 4, Informative

    In Australia the word root means sex!

  15. Re:I don't get it by Sun · · Score: 3, Interesting

    A while back it was not possible to buy non-free (beer) applications from the Android Market from my country. Only when I put in a SIM that belongs to another country was I able to even see for-pay applications.

    Market regularly uses the SIM card to identify which network you belong to and adjust the applications you can see accordingly.

    For the sake of the test, though, I've tried just that. I removed the SIM card and searched for tethering in the market (with the SIM card it resulted in both free and for-pay results).

    Without the SIM card the results seem to be exactly the same. Have not downloaded any of them (no need, as my carrier charges by the MB, and is happy for me to use as much traffic as I possibly can, and my phone has tethering built-in), but the results list seems to include all of them.

    So, yes, at least preliminarily, it seems like you can bypass the restriction by simply removing the SIM card.

    Shachar