This is where the nuances of law become fascinating...
Yes, hooking up a direct connection into the power lines outside your home after the power company disconnects your service is a crime. That is theft of service. However, in the incident we're discussing here, there is a lot more nuance involved. You may be using the service in an inappropriate manner, but you're not using it without consent as the company is providing you the service and accepting payment for the services rendered. It would be arguable that this transaction constitutes consent.
Violating TOS is typically grounds to terminate service. ..
How could you make a credible argument that you have consent when you are in clear violation of the TOS? Sprint charges $30 per month for the ability to connect another device through your EVO or Epic. I can see a credible argument for consent to (wired) tethering IF you pay for the hotspot plan; but if you do not pay for the hotspot service, how can you claim to have consent for tethering or hotspot use?
"Your Honor, the Sprint Terms of Service, which constitutes my contract with Sprint, clearly tells me, at least three times, that I am not allowed to do it unless I pay for it. But I think it should be allowed anyway, so I consider that to be consent from Sprint"??
Anyone, know if there is an answer to the following question. I can't get a clear answer from Sprint sales reps and support if you can place calls while using your phone for wifi tethering.
"With a data card you don't have to rely on your cellphone and not be able to use it - can you even make calls on the Epic with wifi tethering to 3g/4g?"
Thank you for the response. So my experience on my Epic yesterday while connected to 4g and tethering was that my Epic would drop my 4g connection every time I made or received a call. Is there a setting or configuration to be able to place and receive calls while also maintaining my 4g tethering connection? If tethering 4g while making calls works for anyone can you please post and let me know if it just worked or if you made any configuration/settings changes?
The complaint is about the fraudulent marketing of the phone. The store reps all tell us that the phone will act as a hot spot. $300.00 later we find out that we have to pay $30.00 on top of our already expensive plans to use the feature that they used as the bait to sell the phone. It is the classic bait and switch fraud. The feature is sold but is not really included because it is disabled.
you using the epic Grehar37? I'm not having any issues teathering while making calls so long as I have 4g data on, not 3g. are you getting any kind of error?
Yes, I'm using the Epic. Thanks for the confirmation that you have it working while connected to 4g. When I place or receive a call I don't get a error but I do receive a notification at the top that tells me "4g disconnected". Once I end the call the 4g data connection reconnects just fine. Sounds like you don't have this experience and didn't make any configuration changes etc.?
Everywhere I've seen the hotspot add-on advertised, the extra $30 requirement is clearly indicated. It's in every printed handout, store display, and brochure, and you would have had to consent to the charge when you added it. I don't know what incompetent salesperson you spoke to, but your inability to pay attention to details hardly amounts to "fraud" or a "bait-and-switch" on Sprint's part.
Incidentally, the phone does indeed act as a wireless hub for up to five devices even without the $30 add-on -you can network up to five devices and exchange files between them (wireless LAN) all day, free of charge. You just can't share the WAN without paying the extra fee. Technically, that is a hotspot, so your claim that the "feature" is disabled is also wrong.
You can buy any 802.11 router you want off the shelf, but you still have to pay a monthly subscription (to somebody) for the WAN connection you attach to it. This just goes to the first response about people's expectations: if Sprint gave everything away for nothing, they wouldn't be in business very long.
Personally I have no problem paying for the hotspot feature -I use it frequently. What I have a problem with is paying yet another fee for tethering. What should it matter to Sprint whether I'm using my data plan over wifi or a wire?? I'd rather tether it when I'm the only one using the connection and save the drain on my laptop and Epic's batteries by leaving the wifi radios off.
as far as I've tested, using ubuntu 10.10, i can tether either 3g or 4g without any extra charge. IMHO if this were against TOS with sprint they would disable this feature. much like t-mobile did when I had the G1. I can see their logic though in charging the extra $$ for the wi-fi hotspot. You can theoretically allow 5 non-sprint customer devices to use the sprint network. at least with tethering it's only I, a paying customer, using their bandwidth.
I wondered the same thing so, I searched around & found the answer on a blog:) Simply search for PDANet on the Android Market. This is not only a free app but, also a free* service because it only uses the data plan you have set up with Sprint.
*Now to clarify, you have to have a data plan set up in order to use data features such as browsing the internet in order to avoid incurring data charges.
To install PDANet, simply search for it in the Android Market. Download & follow the on-screen instructions. Your computer requires software to run PDANet as well. The app will show the instructions on how to do this.
A problem I had my self is the drivers that have to be installed may not only take a while to finish but, also actually install without alerting you that the task has completed. I suggest that if you noticed drivers haven't finished installing for 5 mins, simply power down & restart your computer. Restart driver installation. You may notice that the drivers that were taking forever to install have indeed installed. Just continue this process until all drivers have been installed. **If drivers haven't installed or failed, restart your computer & allow more time for driver installation process.
I do hope you don't have trouble like me. I wish you a straight seet-up:)
After all drivers have been installed, you device is now ready for 3G tethering. A computer reboot may be needed for everything to completely register & function properly.
Run PDANet from your applications, follow the on-screen instructins & enjoy.
There are other apps & tools out there that can do this but, for right now this is the only one I got to play around with. It's pretty good. It was quite a bit a pain but full time to complete, about 20 mins. So far no hiccups or crashes. I'm using it as we speak:)
***Remember every computer are just like humans. They respond differently to different things so, your system may take more time to install but, it certainly was worth the time for me.