They got around this by introducing tiered data plans that include free hotspot. Anyone not on the new plan is grandfathered into the unlimited data plan and is not entitled to the result of the ruling. You want the "benefit", you gotta comply with the Man.Open Garden should work for basic web browsing and email, if that's all you really need. Otherwise you need to root. I heard there was an FTC ruling that stated VZW can't charge for data tethering, but it clearly hasn't changed anything.