Is it stealing?

Should WiFi tethering be free, is it stealing without plan?


  • Total voters
    0
Status
Not open for further replies.
Is it "stealing" in the strict sense of the word? That's debatable. Is it wrong? Well, unless you are absolutely certain there is no clause in your contract that forbids "unauthorized" (read not paid for), then it IS wrong. YOU signed the contract saying YOU agreed to their terms. I won't step up on a soap box, but I will say "Say what you mean and mean what you say!" It's called honesty. 'Nuff said.;)

I'm sorry, but as much as I want to agree with you (because I feel like tort law should be ethical) breaking a contract and "being wrong" are not interchangeable. Is it wrong to default on your mortgage? Is it wrong when the company that owns your mortgage walks away from their mortgage on a tax-dollar defrayed 285 million dollar complex while telling you you have a moral obligation to your mortgage?

There simply aren't easy or universally agreed-to answers to these questions. I don't want to downplay the ethical concerns of this, smartphone contracts, or anything else, but I think it's important that we distinguish whether we are talking about ethical or legal requirements.
 
I just looked up stealing, they refered me to theft:

Legal Dictionary

Main Entry: theft
Function: noun
Etymology: Old English thiefth
: LARCENY; broadly : a criminal taking of the property or services of another without consent

I would say you are wrong!

Incorrect, you would have to be getting free data for it to be stealing. As in not paying for it. You are paying for it, however it is simply breaking your promise to not do with it what you said. Breaking an agreement is not stealing.

This is like your cable company putting in it's ToS : "Customer may not watch our cable TV service on any TV bigger than 32 inches without paying an additional 20 dollars". If you went ahead and watched cable TV on a 42" without paying, what are you stealing from the cable provider? The answer is nothing, you're just breaking the agreement.

Tethering for free is the same thing. You are paying for service, said service includes unlimited data, or 2gb, what have you. You agree to not use that data on anything other than your phone. You take nothing from the provider if you do, you just break your word.

This should be crystal clear to all except those who can't be reasoned with.

Tethering is not a service of your provider, it is a function of the device.
 
Almost 70% believe as I do that we pay for "unlimited" data and how we choose to use it is up to us. Voice calls by the way is "data" as well no matter if it's on cell network or land line.

I was an executive in the telecom sector for over 25 years. It's amazing to see read some these post. Inside the world of Telecom battles like this go on between carriers all the time arguing over what's legal and what's not and over carrier charges even a tenth of a penny.

Lets take emotion out of the equation on who is right vs. who is wrong. At the end of the day,(an old and now frequently used telecom sector line) only the carriers can fix this problem. They can either choose to ignore the issue, make it free to win over new customers or charge for it by again closing access.

They will not go after individuals period end of story. Look at the marketing tactics Verizon uses when it advertises "unlimited" data. Do they disclose in earnest language that rooting is specifically illegal or rooting with Wifi tethering is illegal? It may void a warranty but illegal??? Under what specific law? Hell, most of the fine print in the contract is so small you need a magnifying glass to read it.

So... we have an overwhelming majority of customers who believe that unlimited data means just that. My suspicion is that for the 70% of us who believe this to be true another 20-25% would also vote in favor if they felt comfortable rooting their phones.

Economically even if there was a law Verizon could prosecute under they would never do so. It would be a PR disaster and would likely invite a class action suit against them for deceptive advertising & trade practices. Believe me, Verizon has much larger problems on a day to day basis to handle.

Tell me philosophically what is the difference for us as consumers who when we buy Windows from MicroSoft we are "forced" to then buy anti virus & spyware software. How many billions of man hours have been lost by consumers trying to fix such issues. I used to own Palm/Treo's again on Verizon. Countless hours were spent trying to make the damn phones work as advertised and Verizon knew the phones were buggy but released them. What is our recourse when calls drop, phones reset or don't work as advertised?

If you don't want consumers rooting and developing apps it's up to Verizon to spend the money to make it impossible to jailbreak. It can be done. Look at Direct TV and what they did. Free Direct TV was easy just 5 years or so ago and then Direct TV released a card that could not be jailbroken on a consistent basis. Boom, the entire pirate community went away. The reality again is that for Verizon and other carriers this entire topic is really a non issue.
 
Damn I got Directv in 2006. Guess I just missed that ship.
This is an interesting perspective because of nickal4's comments on VZW not going after us users who may or may not do things to their phones that would break a TOS or contract of any kind. I imagine it like media piracy. Movies/music to be exact. RIAA, the recording industry of america's group, made worldwide headlines by being the "tough guy" on the movie/song street and nailing some lady for millions and millions of dollars for downloading songs on her pc. Turns out it was her kid doing it and she had to go thru the legal battles, the money, the lawyers, the uncertainty just to try and prove that she did not even know what downloading songs meant. Same principle here. Someone roots their phone and uses wifi tether, VZW sends the legal department after them, all the person has to say is, "well the guy who sold it to me didn't tell me this wasn't allowed and never said I HAD to read the TOS or contract"(like any of us really do). Verizon cannot afford that kind of windfall.
And back to RIAA, you can see they are not going after every single person who downloads a movie for one simple reason, they can't afford to. Imagine the cost of trying to prosecute every person in America that downloads a song or a movie,lol. Same thing with wireless carriers and customers who root/use illegal means to attain service. VZW may be the nation's biggest this with the largest that, but they are not bigger than the community they are based off of, at least financially. SO this, as the poll results show is merely a moral situation between us all and its been great to read thru this thread to see all the matters of opinon from everyday people like me and you to some of the former and current industry pros.
 
This is close enough to reality that I'd agree - technically you aren't paying for bandwidth from cable (talking about TV here, not those who get internet over cable) so it's not perfectly analogous, but had you said this, rather than the other stuff, I wouldn't have said you were taking my comments out of context. This is just 100% wrong. It's nothing like this. Taking intellectual property from another is stealing. On the other hand, whether the artists like it or not, including a couple of their songs when you burn a disk for a friend is 100% legal. It all depends on context, and really IP rights are not analogous at all to the situation with smartphones. I guess, except that stealing is a legal issue. As I said before, legal and ethical concerns do not overlap perfectly. It's 100% legal to root your phone. Is it etheical? All depends on what your actions are during and after. It's 100% legal to install software on your phone that Verizon doesn't like, but it's also 100% legal for them to stop providing you service if you violated your contract with them. Are both positions ethical just because they are legal? Unless you are trying to define stealing via some pre-legal stance (in which case I don't think it much matters for the conversation) then I'm sorry, but it's the legal stance that matters. If people want to discuss the ethical side I think that's totally valid, but let's not confuse the two. The movie industry has tried very hard to define it as stealing to make your own (unshared) copies of a movie to back yours up, but it's not stealing no matter how much they want it to be. Nor is sharing a copy as long as it's returned to you uncopied. But providing a digital file _is_ stealing, because there's no physical act of returning it that can make sense, so different legal rules apply. Does that mean that the ethics of sharing your movie changed suddenly when we went from VHS to DVD to Blu-ray? Depends on who you ask (and there's an honest debate out there amongst consumer-advocates), although of course the content owners have been saying it's ethically wrong ever since VHS, even though the U.S. Supreme Court disagreed with them. Anyhow, I don't mind at all if we are going to have a debate over ethics, but if that's the case please don't try and overlap it with a legal discussion, as they just are not the same thing, like it or not.

To keep your context flowing, I have opted to actually quote you in full rather than pick it apart and take your sentences out of their original context.

I am relieved you agree “somewhat;” however, you baffle me. Is bandwidth the qualifying precursor to make it OK to steal? Because cable isn't, it be alright? People are bringing all kids of stuff completely out of context, including VZW's term “unlimited,” and the definition of stealing, and ethics. It isn't about ethics, as I would kill to make sure my children reach the other side of the bridge unharmed, don't matter who is in the way, that is a question of ethics. This thread is only about the term stealing.

Let me be more clear. I grew up with a bunch of biker uncles, and they left their keys in their bikes, No one thought twice about stealing them, and it never happened. Taking something that you don't own without permission is stealing. That is the bottom line. It has nothing to with what it is, or what form it is. Go into VZW and tell them what you are doing (didn't you say you don't condone theft earlier?) Tell them “I am not stealing your tether service, I am just merely circumventing your TOS and doing it behind your back, so that is not stealing.” News flash, it is and always will be theft of services, no matter the form K.

You can break it down to whatever form you want, but I assure you, when you say stealing services from a cell phone provider is different than stealing music, cable, or movies, sounds ludicrous to me sir (I am not saying you aren’t intelligent, as you clearly speak your POV.) ottscay, isn't that pig latin for scott? Scott, If you can tell me that you have told VZW about your free tether, and let them know you will continue to do so, then you can tell me it isn't theft. As long as you do so with their knowledge, it is fine, until then, using it without their knowledge is theft, it is stealing everyday from Sunday to Saturday, in every sense of the word. You have failed to convince me that it should be looked at differently.

100% taking anything without consent is theft. Stealing to feed your family is a matter of ethics. I will come back to this and break down the terms unlimited, theft and bring VZWs TOS up in here to, just to further clarify. Thanks man.
 
Last edited:
After reading so many of these post it proves how corrupted our world has become, in many users eyes if they can spin a bad situation to justify doing something wrong allows them to view it as OK. This is why crime and murder rate is climbing, because a higher power instructed them that it was OK to do. This is being used as a defense wwaaaaaayyyy to much.

This world isn't perfect but its time to be part of the solution not the problem.. If COMMON SENSE says even for a second that what you are about to do is wrong, 9 times out of 10 its wrong. It amazes me that out of these odds the users choose to listen to the 1 percent in many cases.
 
  • Like
Reactions: Johnly
After reading so many of these post it proves how corrupted our world has become, in many users eyes if they can spin a bad situation to justify doing something wrong allows them to view it as OK. This is why crime and murder rate is climbing, because a higher power instructed them that it was OK to do. This is being used as a defense wwaaaaaayyyy to much.

This world isn't perfect but its time to be part of the solution not the problem.. If COMMON SENSE says even for a second that what you are about to do is wrong, 9 times out of 10 its wrong. It amazes my that out of these odds the users choose to listen to the 1 percent in many cases.

You're talking about verizon right? Crippling the phone's tethering capability in order to charge for it instead?
/sarcasm

I also guess you enjoy it when they block google maps and force you to pay $5/month or whatever for vzw nav?

If the terms of service said you could only have your phone's screen on for 2 hours a day or you gotta pay $20 extra does that mean your phone's screen is now a service provided by your carrier?
 
You're talking about verizon right? Crippling the phone's tethering capability in order to charge for it instead?
/sarcasm

I also guess you enjoy it when they block google maps and force you to pay $5/month or whatever for vzw nav?

If the terms of service said you could only have your phone's screen on for 2 hours a day or you gotta pay $20 extra does that mean your phone's screen is now a service provided by your carrier?

Since I have stepped into the business world I have understood that customers always want more no matter what you give them and no matter how much you charge, if you supplied these services and you had to pay for the equipment and tech support to supply the same services I am sure you wouldn't be prepared to give it away for free. Do you really think that running and servicing a large network is simple and cheap? If you do then you need to work IT for a few weeks and see what all it takes to keep one server up with just 5-10 users and 2 admins. Verizon numbers are way larger and network is more complex.

Also not to forget that the economy isn't in the best state and business have been loosing money just like the users and the company is in business to make money.

Self Manifest Destiny is the term that comes to mind...
 
  • Like
Reactions: Johnly
Since I have stepped into the business world I have understood that customers always want more no matter what you give them and no matter how much you charge, if you supplied these services and you had to pay for the equipment and tech support to supply the same services I am sure you wouldn't be prepared to give it away for free. Do you really think that running and servicing a large network is simple and cheap? If you do then you need to work IT for a few weeks and see what all it takes to keep one server up with just 5-10 users and 2 admins. Verizon numbers are way larger and network is more complex.

Also not to forget that the economy isn't in the best state and business have been loosing money just like the users and the company is in business to make money.

Self Manifest Destiny is the term that comes to mind...

service!=function

Verizon never had the tethering function to "give away" in the first place, it doesn't belong to them. It's part of the ****ing phone, nothing to do with vzw. But since people are morons(me included) and will go along with PAYING for something you ALREADY OWN, the carriers get away with it.

It's like if you bought a toilet for your bathroom, and then the business you bought it from wanted to charge you 50 cents per flush. If you signed a contract when you purchased the toilet to do that, then you would be breaking your agreement if you flushed without paying, but that does NOT mean you are stealing flushes from them if you do it anyway. It simply makes you a liar, not a thief.
 
Last edited:
Taking something that you don't own without permission is stealing. That is the bottom line. It has nothing to with what it is, or what form it is. Go into VZW and tell them what you are doing (didn't you say you don't condone theft earlier?) Tell them ?I am not stealing your tether service, I am just merely circumventing your TOS and doing it behind your back, so that is not stealing.? News flash, it is and always will be theft of services, no matter the form K.

Um...I don't tether. Legally or illegally - I've never had the need. I said earlier (go reread my posts if you want) that I don't condone violating your contract. My point is that this isn't a criminal offense, it's a contractual one. My explicit point is that even though it's not stealing (and it isn't) it still isn't ok. So you seem to be either confusing me with other participants in this discussion, or you just let your preconceived notions get the best of you. At the least, I understand where your tone came from now, and to that effect I'll apologize for having not realized sooner that we were talking past each other.

So, tl;dr of my posts: If you violate the ToS, you are breaking your contract with Verizon and they have every right to boot you. That doesn't mean it meets the technical definition of "stealing". If you want to share your personal views on the ethics behind it that's fine (and you and I probably mostly agree), but stealing is a legal distinction.

You can break it down to whatever form you want, but I assure you, when you say stealing services from a cell phone provider is different than stealing music, cable, or movies, sounds sounds ludicrous to me sir

That's my point; it's not stealing, it's a violation of contract. You may think it's ludicrous, but there are real-world consequences to these distinctions.

Perhaps here's an easier example: If you sign up for Facebook you agree to a ToS also. It includes a bunch of things, many of which are related to behavior (for example you can't threaten real world violence on Facebook). Others are directly related to money (you can only use Facebook APIs to enrich yourself in certain ways). Violating any of these is justification for Facebook to revoke your permission to use their service, and they do all the time. But it's NOT theft, it's a contractual violation (and it IS a contract).

Using software that is explicitly not allowed (including tethering with non-Verizon programs) falls into the same legal realm. Engaging in a service and then using the service in a way that is not permitted by the terms of your agreement is a civil infraction, not a criminal one. The offending party can be punished via litigation (if the other party deems it worthwhile), or by simply billing the offending party according to terms also in the agreement (this is the usual route taken by companies with individual customers). I won't get into it here, but this becomes an even more important distinction when dealing with consumer ownership rights and DRM.

None of that is in any way a moral statement of support nor condemnation on my part, it's just the facts of the situation.

Scott, If you can tell me that you have told VZW about your free tether, and let them know you will continue to do so, then you can tell me it isn't theft. As long as you do so without their knowledge, it is fine, until then, using it without their knowledge is theft, it is stealing everyday from Sunday to Saturday, in every sense of the word. You have failed to convince me that it should be looked at differently.

This just reinforces to me that you are still trying to equate your ethical outlook (which again, I don't disagree with) to the legal definition. Stealing is stealing whether you tell the victim or not. A bank robber generally informs the teller that he is going to steal the cash being brought to him, but that doesn't make it any less stealing than a person who sneaks into the bank without anyone's knowledge.

I appreciate that you think tethering is wrong; I agree. While Verizon enganges in many anti-consumer practices, that doesn't mean the correct response is to simply violate the contract you signed with them. People who have chosen to use root to violate their contracts and dodge Verizon's revenue increasing devices are the reason why Verizon (and other carriers) are now trying to hard to crack down on everyone who wishes to root and mod their device, even though there are dozens of other purposes to doing so which do not violate their ToS. Had the OP titled the discussion "Is it immoral?" then we'd probably be on the same side. Since the thread (and poll) is about stealing, I can't sit by and allow the term to be hijacked in a way that is inaccurate, even if it's being done with good intent.
 
Also not to forget that the economy isn't in the best state and business have been loosing money just like the users and the company is in business to make money.

That's factually inaccurate - corporate profits in the U.S. as a whole are at record levels, and have been for over a year. The economy sucks for real people, and a few industries are not recovering at the same rate, but it's mostly roses and daffodils for corporations right now, and trying to claim otherwise is unadulterated drivel.
 
Lol, I am calling all my bills (services) functions. Now I can safely continue to receive them, but I won't pay for functions. Serious? FYI, your phone will function without verizon services, just use wifi and skip calls, ha ha. IMO if you think the motorcycle sitting out front (rooting) and the keys are in the ignition (pick your tether hack of choice) doesn't make it right to ride off. Sure, its easy to do, and there is no challenge in doing it. My question is, what else do you think is ok to take without permission of the owner (ethics aside) though our responses clearly show a line of morality. I agree with wildman, he clearly understands what he is saying.
 
Lol, I am calling all my bills (services) functions. Now I can safely continue to receive them, but I won't pay for functions. Serious? FYI, your phone will function without verizon services, just use wifi and skip calls, ha ha. IMO if you think the motorcycle sitting out front (rooting) and the keys are in the ignition (pick your tether hack of choice) doesn't make it right to ride off. Sure, its easy to do, and there is no challenge in doing it. My question is, what else do you think is ok to take without permission of the owner (ethics aside) though our responses clearly show a line of morality. I agree with wildman, he clearly understands what he is saying.

Clearly you're a moron. A ****ing idiot in fact. Did you ever see in any of my posts where I said it was okay to tether without paying? Dumbass.
 
Scott, don't be silly, for a guy that doesn't condone it, you are dicing up for it like you are taking this argument to the grave. Did you know after you steal a certain dollar amount of property/service/utility it becomes a felony. call a few lawers in your state and ask them if unauthorized use of verizons service could be considered theft. You would be surprised.
 
Clearly you're a moron. A ****ing idiot in fact. Did you ever see in any of my posts where I said it was okay to tether without paying? Dumbass.

You just took the integrity out of your argument. Now no name calling, we are adults, and comments like this derail a good discussion. I recommend a breath of fresh air sir. Remind me where I even responded to you. I think you should re read. I do my best not to call, or say anyone here is saying stealing is OK. However, we are debating the term stealing. Would you classify again your opinion? Be cool. I am of the opinion it is.
 
Last edited:
That's factually inaccurate - corporate profits in the U.S. as a whole are at record levels, and have been for over a year. The economy sucks for real people, and a few industries are not recovering at the same rate, but it's mostly roses and daffodils for corporations right now, and trying to claim otherwise is unadulterated drivel.

Verizon and a number of other carriers stock has been taking a hit back and forth in the last year and these changes can cost the market millions, on a financial view this can be a per view situation of how this is interpreted. But you have your opinion and I have mine.. That the pleasure of freedom..
 
You just took the integrity out of your argument. Now no name calling, we are adults, and comments like this derail a good discussion. I recommend a breath of fresh air sir.

I wasn't name calling, I was just stating a fact. Somehow you are unable to see the difference between a function and a service. You must also think that the faucet on your kitchen sink is a service provided by your utilities company?
 
I wasn't name calling, I was just stating a fact. Somehow you are unable to see the difference between a function and a service. You must also think that the faucet on your kitchen sink is a service provided by your utilities company?

Your entitled to your opinion. If I don't pay my water bill, my faucet looses its function. Nice facts.
 
service!=function

Verizon never had the tethering function to "give away" in the first place, it doesn't belong to them. It's part of the ****ing phone, nothing to do with vzw. But since people are morons(me included) and will go along with PAYING for something you ALREADY OWN, the carriers get away with it.

Ok if Verizon has nothing to do with it, please tell me who is previding the transmission of data that you are using for Tethering..... Oh that's right Motorola is.. No?? Maybe Google has a network for this.... No??? There goes one of those twist that I was discussing.

OK, I guess if I make a box that is suppose to supply power to your house that makes power free BUT the one thing is that you have to hook to the main Power Co power box to supply the power.... So when the power company still sends you a bill please, update me how that conversation will go. :D
 
Status
Not open for further replies.