oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
|  Again...
How this can be argued as criminal (and not a simple tort, breach of contract) is beyond me. You can't steal service you're paying for. Uncapping a modem is a simple breach of contract.
These cable companies want to have the Federal "Theft of Service" protection, but don't want their HSI regulated as their video services are.
I say, if they want the Federal ToS protections, then they should submit to the other regulations that come with it.
Yeah...these guys uncapped their modem...meanwhile O.J. killed everybody  Gotta love these priorities.
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-- Munis Killed the Telco Star -- Powered by Barry McKockenner Racing in association with Jack Mikkokov Motorsports
[text was edited by author 2003-09-26 12:10:08] |
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snmp_man
@on.ca
| His stupidity got him caught....
If he simply would have disabled the snmp trap ports they would have not been able to know "what speeds" hiw modem was set to.
They would have had to force a modem reboot to re-enable snmp but that would have forced him modem to re-d/l the ISP config file..
Guess this guy is learning the hardway not to jump into something w/out having the knowledge to "cover" tracks or leave little evidence for the ISP to prove you uncaped.(in court of course..) If he would have dont that he would have received a nasty gram from his ISP telling him not to uncap(even though they cant be 100% sure he was in the 1st place..) |
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latez
join:2002-01-07
Brooklyn, NY
clubs:
| Wow...
This is ludacris.. all this for just uncapping your modem? I did that once with optonline they called me on the phone the next day after they shut off my service, told me if I dont cut it out they're going to take my bandwidth away, been a good boy since.. damn.. if I was a buckeye customer at this moment, I'd be making a phone call to the nearest dsl provider..
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“The human mind ordinarily operates at only ten percent of its capacity — the rest is overhead for the operating system.” —Nicholas Ambrose |
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NOVA_Guy
Obama- Commander in Thief
Premium
join:2002-03-05
 ·VOIPo
| Toledo's politics are screwed up...
One of my former college roommates lived in Toledo, OH and was always telling me about some screwed up thing that was happening there. Suffice it to say that the family that controls Buckeye Cable is somewhere to the east of mentally disturbed and somewhere to the west of totally insane.
And I agree with a number of other posters-- I don't see how this is "theft of service" in any way, as long as you're paying for access to the cable modem service. It's a civil matter. Shut the service down and force the subscriber to go to DSL or dial-up. The worst that happened here was that a few people violated the AUP/ToS-- something for a civil (not criminal) court to wrangle with.
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Cox cable: the hallmark questionable business practices and lousy cable service! |
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Integrator
Rock of the Marne
Premium
join:2002-09-02
Keller, TX
| Same Stuff Different Day
It is just ludicrous that the FBI was involved in a local crime. Buckeye, after doing more searches on the net, appear to be more like a Gestapo run organization than anything else. These individuals stole a service, understood. But doing what Buckeye and their lame trumped up accusations of what it cost them is nothing short of...........INCREDIBLE.
To even have the FBI involved sounds just wrong. Not to mention, impounding articles or devices that had nothing to do with "uncapping a modem".
Sounds like same stuff, different day. |
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ArchAngel21x
MacFan Pro
Premium
join:2001-10-28
Lincoln, NE
 ·Internet Nebraska
| reply to oliphant5
Re: Again...
said by oliphant:
Yeah...these guys uncapped their modem...meanwhile O.J. killed everybody Gotta love these priorities.
You hit the nail on its head.
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Death Is Irrelevant. |
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joebear29
join:2003-07-20
Alabaster, AL
| Fine 'em and move on
I do believe uncapping a cable modem is theft and should be a criminal offense, but involving the FBI? Not only is that insane, it wastes taxpayer money.
Similarly, sending someone to court, then jail? Another waste of taxpayer money. Let them plea bargain it down, fine them, and move on. It is a waste of taxpayer money to actually send someone to jail over this, if it's a first offense. |
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joebear29
join:2003-07-20
Alabaster, AL
| reply to ArchAngel21x
Re: Again...
said by ArchAngel21x  :
You hit the nail on its head.
I missed that nail. Does that mean it's ok for me to commit crimes/torts because O.J. killed someone and was found not guilty? |
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saber11
Check Six
Premium
join:2000-06-09
Clayton, OH
| reply to NOVA_Guy
Re: Toledo's politics are screwed up...
It is theft pure and simple. Your stealing bandwidth. You pay for a set ammount a month. If you excede the ammount you pay for it's theft.
Same as if you paid for 5 gallons of gas and pumped 10. Same as if you paid for one hamburger but got 2.
You are stealing a product that can be sold to other subscribers, bandwidth.
Yes it violates the TOS/AUP, but you agreed not to uncap your modem, and you agreed in the tos that if you did you could face criminal penalties.
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One item many soldiers purchased and carried into the desert that wasn't part of the regular equipment. "Another cool thing to bring with you is an American flag," Corcoran said. "Just in case you plan on conquering anything." |
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Shamayim
I already have a Messiah.
Premium
join:2002-09-23
| reply to joebear29
Re: Again...
said by joebear29 :
Does that mean it's ok for me to commit crimes/torts because O.J. killed someone and was found not guilty?
I think you missed his point. Let the punishment fit the crime, and let the crime be properly classified first.
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"tick...tick...tick..." »www.jtf.org/ |
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JakCrow
join:2001-12-06
Palo Alto, CA
| reply to saber11
Re: Toledo's politics are screwed up...
Cable internet services are not covered by CATV laws. Anyone that is found "guilty" of "stealing bandwidth" should appeal and get it thrown out because it's all BS
[text was edited by author 2003-09-26 12:48:34] |
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JakCrow
join:2001-12-06
Palo Alto, CA | reply to joebear29
Re: Fine 'em and move on
It's not a "criminal offense". It's a breach of TOS, nothing more. |
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joebear29
join:2003-07-20
Alabaster, AL
| said by JakCrow :
It's not a "criminal offense". It's a breach of TOS, nothing more.
I disagree, but regardless, it is a waste of our money to prosecute it to that extent. |
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joebear29
join:2003-07-20
Alabaster, AL
| reply to Shamayim
Re: Again...
said by Shamayim :
said by joebear29 :
Does that mean it's ok for me to commit crimes/torts because O.J. killed someone and was found not guilty?
I think you missed his point. Let the punishment fit the crime, and let the crime be properly classified first.
Ah, that makes more sense.
What does that have to do with O.J.? |
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JakCrow
join:2001-12-06
Palo Alto, CA
| reply to joebear29
Re: Fine 'em and move on
Cable internet services are not covered by CATV theft of service laws. Modifying a cable modem for more bandwidth doesn't fall into a computer crime. Talk to your local cable franchise management. I certainly did. They'd be interested to know that cable companies are trying to use laws that are for regulated services to protect unregulated services. If the cable companies want to go down this road farther, I'm sure the local governments would be more than happy to start regulating cable internet. |
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mondoz
join:2000-08-26
Houston, TX
| reply to joebear29
said by joebear29 :
I do believe uncapping a cable modem is theft and should be a criminal offense, but involving the FBI? Not only is that insane, it wastes taxpayer money.
Similarly, sending someone to court, then jail? Another waste of taxpayer money. Let them plea bargain it down, fine them, and move on. It is a waste of taxpayer money to actually send someone to jail over this, if it's a first offense.
You can't have it both ways. If you think this is bad enough to be a criminal offense, then it comes with all that entails... Courts, jails, etc... All at our expense.
Exactly what 'law' was broken, anyway? |
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JakCrow
join:2001-12-06
Palo Alto, CA | The cable companies are pursuing these cases as CATV theft of services, which do not apply to cable internet. It would appear though, that the parties involved either don't know that or don't care. I would say a little of both. |
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joebear29
join:2003-07-20
Alabaster, AL
| reply to mondoz
said by mondoz :
You can't have it both ways. If you think this is bad enough to be a criminal offense, then it comes with all that entails... Courts, jails, etc... All at our expense.
Exactly what 'law' was broken, anyway?
You both miss my point. I'll even withdraw the whole "I think its criminal bit" since I don't really know/care.
The whole point was even if it is criminal there is no need to get the FBI involved and send people to jail, when a fine would do. |
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Beeper
Part Of The Problem
join:2001-09-27
Dayton, OH
clubs:
| reply to Integrator
Re: Same Stuff Different Day
said by Integrator :
It is just ludicrous that the FBI was involved in a local crime.
The FBI has been involved in local crime for half a century.
Is it effective use of federal resources? Doubt it.
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Guaranteed Fear and Loathing. Abandon all hope. Prepare for the Weirdness. Get familiar with Cannibalism. |
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Shamayim
I already have a Messiah.
Premium
join:2002-09-23
| reply to joebear29
Re: Again...
The body of his post was his point: properly classifying an offense, and prioritizing limited Federal crime fighter resources. The OJ remark that you chose to focus on was an insignificant aside.
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"tick...tick...tick..." »www.jtf.org/ |
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