 | | "Real world" use Where's the nifty chart telling us how many websites we can visit or emails we can send with such a high cap?
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 | | these carriers... will price themselves into oblivion!
With a recession pending, they will raise the prices to cover those they lost....a micrcosm of business and gov't today! -- The "Lifetime" channel is responsible for 83% of all divorces...Robert Ginty | |
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 |  pnh102Reptiles Are Cuddly And PrettyPremium join:2002-05-02 Mount Airy, MD | Re: these carriers... said by S_engineer:will price themselves into oblivion! From a carrier's perspective, I would be more worried with giving customers who are currently locked into any contract an easy way out without having to pay ETF. -- "At the moment of conception." | |
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 |  |  elwoodbluesElwood BluesPremium join:2006-08-30 HarperLand Reviews:
·Cybersurf Intern..
| Re: these carriers... said by pnh102:said by S_engineer:will price themselves into oblivion! From a carrier's perspective, I would be more worried with giving customers who are currently locked into any contract an easy way out without having to pay ETF. Contracts in Canada only cover Air time, not anything else. So if you sign up for an umlimited plan that A) goes up in price b) becomes limited.
Tough shit.. you can cancel the data portion of the plan, but you are stuck with the carrier till your contract is uyp | |
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 |  |  | | The ETF is only about $200 usually. I have gladly payd that to get out of a contract and switch carriers. That is 2 months bill for me. I doubt that really helps the carrier too much, they would rather have the customer I think. | |
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 |  tc1uscg join:2005-03-09 Saint Clair Shores, MI | said by S_engineer:will price themselves into oblivion! With a recession pending, they will raise the prices to cover those they lost....a micrcosm of business and gov't today! Your right. They will price themselves out of oblivion and those who use the service be more productive on the road and you will see hotel HSI use go up (so no more FREE WI-FI at your Holiday Inn express)..  | |
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 ieolusSupport The Clecs join:2001-06-19 Duluth, GA | Unlimited Unlimited or not, that guy wanted to use his mobile phone to run his home network?! Come on, lets be serious. As the saying goes, I can't define abuse, but I know it when I see it. -- "Speak for yourself "Chadmaster" - lesopp | |
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 |  | | Re: Unlimited No he wanted to use a Data CARD for his network not his phone. Sprint even sold data card routers for this very reason.
ym | |
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 |  MattAll noise, no signal.Premium join:2003-07-20 Jamestown, NC kudos:12 | said by ieolus:Unlimited or not, that guy wanted to use his mobile phone to run his home network?! Come on, lets be serious. As the saying goes, I can't define abuse, but I know it when I see it. said by HoFo Thread : In the last 30 days I've used 12GB, not abusive for an "unlimited" account, in my estimation.
12GB is abuse? -- Linux Haters Unite! | |
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 |  | | said by ieolus:Unlimited or not, that guy wanted to use his mobile phone to run his home network?! Come on, lets be serious. As the saying goes, I can't define abuse, but I know it when I see it. Lots of people do that, and there are routers that support these cards. How is this abuse? It's just another technology to the end user and these caps shouldn't be there. | |
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 | | You can thank p2p We'll be seeing more of these caps.... | |
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 |  MattAll noise, no signal.Premium join:2003-07-20 Jamestown, NC kudos:12 | Re: You can thank p2p said by ninjatutle:We'll be seeing more of these caps.... No, you can thank greedy corporations. If P2P was really the problem, they'd just boot the users. -- Linux Haters Unite! | |
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 |  |  | | Re: You can thank p2p They are booting them and throttling. Or at least tried to until people started crying. Now everyone is suffering thanks to thieves. | |
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 |  |  |  MattAll noise, no signal.Premium join:2003-07-20 Jamestown, NC kudos:12 | Re: You can thank p2p said by ninjatutle:They are booting them and throttling. Or at least tried to until people started crying. Now everyone is suffering thanks to thieves.  -- Linux Haters Unite! | |
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 |  |  |  |  dadkinsCan you do Blu?Premium,MVM join:2003-09-26 Hercules, CA kudos:18 | Re: You can thank p2p said by Matt:said by ninjatutle:They are booting them and throttling. Or at least tried to until people started crying. Now everyone is suffering thanks to thieves. Even that is probably too complex for some to understand.
Ya know, I have about 250MB of cache that a few parts of could be considered "theft" by some people. 
Flog away, but it's not going to make a difference - they refuse to accept reality.  -- Think outside the Fox... Opera | |
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 |  |  |  |  | | Ever heard of theft of services?
»en.wikipedia.org/wiki/Theft_of_services
Theft of services is the legal term for a crime which is committed when a person obtains valuable services as opposed to goods by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider of said services. So it isn't as cut and dry as your diagram suggests. The english language is a complex thing. Here, like piracy, the emphasis of the word theft is on "using without paying" rather than "taking without paying." | |
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 |  |  |  |  |  hopeflickerCapitalism breeds greedPremium join:2003-04-03 Long Beach, CA kudos:1 | Re: You can thank p2p said by Millenniumle:Ever heard of theft of services? » en.wikipedia.org/wiki/Theft_of_servicesTheft of services is the legal term for a crime which is committed when a person obtains valuable services as opposed to goods by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider of said services. So it isn't as cut and dry as your diagram suggests. The english language is a complex thing. Here, like piracy, the emphasis of the word theft is on "using without paying" rather than "taking without paying." Last time i looked MOVIES, MUSIC, and APPLICATIONS were not a service. They are a product. -- Religion does three things quite effectively: Divides people, Controls people, Deludes people. | |
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 |  |  |  |  |  |  | | Re: You can thank p2p Last time I read my post I pointed out that the emphasis was on "using without paying" rather than "taking without paying."
The concept of "using without paying" as theft has been in law long before P2P and well outside of RIAA & MPAA influence. | |
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 |  |  |  |  |  |  |  | | Re: You can thank p2p the p2p argument is just an excuse to get away from the "unlimited" usage, and go to a much more profitable metered usage basis. You will see the carriers in this stange type of collusion when they don't have to be.
This is the anti-competition argument. When all companies pull the same sh*t, the consumer loses. -- The "Lifetime" channel is responsible for 83% of all divorces...Robert Ginty | |
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 |  |  |  |  |  | | I'd expand that definition to include charging $75 (for those who haven't been caught going over a gig) & $65 (for those that have) for 1GB service.
This is either a case of taking advantage of the marketplace due to lack of competition, or they're in trouble (much like Frontier's actions). | |
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 |  |  |  |  |  | | You said it correctly. However, If I stayed in a house and didn't pay rent, that would not be theft.
From the DICTIONARY : Main Entry: theft 1 a: the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b: an unlawful taking (as by embezzlement or burglary) of property.
Piracy does not meet either of those terms, because NOTHING IS TAKEN. Ergo, it is not THEFT, it is infringement. -- The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity! | |
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 |  |  |  |  |  |  | | Re: You can thank p2p Stealing = Taking something that aint yours. | |
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 |  |  |  |  |  |  |  | | Re: You can thank p2p But you didn't TAKE anything. You made a copy. If star trek replicators worked today, would you consider anything that was made with them to be stealing too? Absolutely not, because the original still exists. -- The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity! | |
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 |  |  |  |  |  |  |  |  | | Re: You can thank p2p Maybe a 6 y/o would believe you. Did you make up these "theories" on your own? | |
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 |  |  |  |  |  |  |  |  |  tiger9 join:2005-08-01 Ont,Canada | Re: You can thank p2p Technically, piracy is not theft. Either way, infringement or theft, whichever way you look it at, it's still not a good thing. | |
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 |  |  |  |  |  |  | | And the definitions go on:
Yours says: "the act of stealing."
And if we look up what it is to steal we find:
»dictionary.reference.com/browse/steal
1. take without the owner's consent; Which is why, in law, we find theft of services even though property is not taken. Instead, use of the house is "taken" (which also means 'not paid for')
Which is why taking a copy of copyrighted material (without the consent of the copyright owner) is also theft. | |
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 |  |  |  |  |  |  |  | | Re: You can thank p2p Its no use, he just pretends not to understand... | |
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 |  |  |  |  |  |  |  | | So, by your own definition, copyright infringment should be a felony? I mean, the law defines 'theft' as a felony, while the law defines 'infringement' as a civil matter. Of course, you used the word 'steal', which is different than theft. You accuse people of STEALING, when they are not, they are infringing. You accuse people of theft, yet the courts do not consider it theft, otherwise, there would be criminal charges filed, not civil charges.
The word makes the crime. If you say rape is a 'hate crime', then you are doing a disservice to both rape victims and hate crime victims, because they are two totally different things.
When you say infringement is 'stealing', you are attempting to make a CIVIL matter into a CRIMINAL matter, which it's not.
Why don't you just call it what it is, INFRINGEMENT. Ahh, because you can't rile up the unwashed masses with the term 'infringement', while you CAN rile them up by accusing people of STEALING, which they are not! -- The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity! | |
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 |  |  |  |  |  |  |  |  | | Re: You can thank p2p Copyright infringement is in criminal law. It is a crime. A felony in infringement is the same as in theft - dependant upon severity. You know? Carrying off with a piece of gum isn't going to draw the same charges as kyping a nice new Maserati off the dealer lot. The police who go after y'old bad guys, not the courts, don't have the resources to go after all the little joe-blows copying Madonna's latest.
Like it or not, copyright infringement falls in with the well established use of the word theft. People who don't pay for their copies are thieves in the same way as, in criminal law, people who don't pay for services are considered thieves. In fact, they even call it 'theft of services.' Weird!!
But...., I digress. I think you already know all this. Then again, maybe it really does escape you? | |
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 |  |  |  |  |  |  | | Not in Alberta where Telus is. A good many of them skip out without paying a cent then do the same thing next month and keep on moving from month to month. Others just stay the 90 days until a court order evicts them. Real estate prices have plummeted there thanks to sellers who can't rent their units out because the whole province are nothing but deadbeats. | |
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 |  |  |  iansltx join:2007-02-19 Golden, CO kudos:2 | Umm, P2P really doesn''t take that much data. Maybe about 2x as much as downloading direct from a given server, but...c'mon, 1GB can be used in a mobile environment VERY quickly. | |
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 |  |  |  | | I think p2p has very little to do with the capping of mobile data plans. Users are probably using their phones more than ever to browse websites and watch media on their phones... something that their plan wasn't initially set up for (email use). The wireless carriers don't want their service to be used as if they are an ISP, since their network is not built to be that. I think this is more of a move to stop people from using their phones as an internet connection for a house... rather than because of p2p usage. | |
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 |  |  |  |  MattAll noise, no signal.Premium join:2003-07-20 Jamestown, NC kudos:12 | Re: You can thank p2p said by swhitney2003:I think p2p has very little to do with the capping of mobile data plans. Users are probably using their phones more than ever to browse websites and watch media on their phones... something that their plan wasn't initially set up for (email use). The wireless carriers don't want their service to be used as if they are an ISP, since their network is not built to be that. I think this is more of a move to stop people from using their phones as an internet connection for a house... rather than because of p2p usage. The user is being forced to downgrade because he admitted to watching YouTube videos. It's all in the thread linked in the article. -- Linux Haters Unite! | |
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 |  SLDPremium join:2002-04-17 San Francisco, CA | How much do they pay you to bash P2P every chance you get LOL. | |
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 |  |  | | Re: You can thank p2p My payment is in the form of a promise of unlimited, unfilterated broadband for myself and for future generations to come. | |
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 |  |  |  | | Re: You can thank p2p said by ninjatutle:My payment is in the form of a promise of unlimited, unfilterated broadband for myself and for future generations to come. You are gullible. You actually believe that if piracy (which is not theft), didn't exist, that the ISPs wouldn't be doing things like this? Companies see their customers with any amount of expendable income, and do what ever they can to get it. Now days, instead of adding valued services to get users to spend more, they just take away what was already there, & up the price of what is left by 500%. Welcome to the World! May we rape you?  | |
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 |  dvd536as Mr. Pink as they comePremium join:2001-04-27 Phoenix, AZ kudos:4 | p2p on a cellphone? hardly. | |
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 |  |  | | Re: You can thank p2p 0 Rly? | |
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 |  |  |  Rob_Premium join:2008-07-16 Mary Esther, FL | Re: You can thank p2p If one uses peerguardian and downloads flac files who has a need for CD's?
»phoenixlabs.org/pg2/
thanks to p2p in the old days, i purchased cd's now, forget it.
downloading songs is not stealing. what the RIAA is doing to the artist is.
if we all boycott cd's, then the world may be a better place.
-Rob -- »www.cband.info our internet radio station. | |
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 |  | | Have you actually tried using BT on EVDO? Lets just say in my experience it is not very viable. | |
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 |  |  | | Re: You can thank p2p No, because I never used torrents. | |
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 | | 1GB per month? 1GB per month? That's only about 33MB per day.  | |
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 | | 1GB the new normal? I'm sure Verizon and Sprint will eagerly rush to match this new cap. Isn't the free market wonderful? | |
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 |  openbox9 join:2004-01-26 Alexandria, VA kudos:2 | Re: 1GB the new normal? A free market goes both ways. Providers are allowed to charge what the markets are willing to bear. Until consumers begin voting with their wallets, the noose is only going to continue to get tighter. | |
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 |  |  elwoodbluesElwood BluesPremium join:2006-08-30 HarperLand Reviews:
·Cybersurf Intern..
| Re: 1GB the new normal? said by openbox9:A free market goes both ways. Providers are allowed to charge what the markets are willing to bear. Until consumers begin voting with their wallets, the noose is only going to continue to get tighter. The problem with voting with your wallet, is all carriers do the same thing.
In Canada, Bell and Telus decided to start charging for incoming text msgs (apparently Americans already pay for this). Rogers/Fido haven't (yet!)
Since 99% of the service sold here is on a 3yr plan you are stuck till your contract expires. | |
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 |  |  |  openbox9 join:2004-01-26 Alexandria, VA kudos:2 | Re: 1GB the new normal? What kind of contract allows the terms to be changed without an option to terminate the contract? Is that a Canadian thing? | |
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 |  |  |  |  | | Re: 1GB the new normal?
said by openbox9:What kind of contract allows the terms to be changed without an option to terminate the contract? Is that a Canadian thing? I'm a current Rogers Cable and Internet customer/sucker and a former Rogers Wireless subscriber (although they are still trying to collect payment for data services I didn't use in during the 2 weeks I had the phone before they suspended my account.)
I assume that Bell and Telus have contractual terms similar to those of Rogers. (What one company gets away with, the others will always follow. It's all about the maximizing the bottom line for their shareholders.) Conveniently provided in tiny print on all Rogers bills is the following:
TERMS OF SERVICE ... 15. Rogers may change these terms and any aspects of the services, upon notice to you. If you do not accept a change to these terms, your sole remedy is to retain the existing terms, unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate.
What's the difference between a "Term" of Service vs. an "Aspect" of service? I asked Customer Care about it and the answer I got was essentially 'that depends.' I gathered that a change such as introducing the clause which now states that all disputes will only be 'determined by final and binding arbitration to the exclusion of the courts' is considered a 'Term'. If you were lucky enough to caught it when it was introduced and informed Rogers that you didn't agree to it, presumably you could still have exercised your right to have your dispute settled in court. Throttling download speeds, introducing caps on 'unlimited data', etc., is probably considered an 'Aspect' of service. Of course, only Rogers gets to decide whether a customer's issue is a Term or Aspect, and I suspect that it varies on a case by case basis.
Note that there is nothing about a 'Notice Period' - Rogers can change their terms and aspects of services with no notice to the consumer. (If the wording on obscure legal sections of Rogers website has changed but Rogers has not actually contacted their customers personally or expressly written to them to explain the changes, have they been adequately notified.?)
And if the customer does decide to terminate their contract because aspects of the service have been changed? The Term of Service concerning Terminations states that customers must give Rogers 30 days advance notice, and "An early cancellation fee may apply."
Didn't Ottawa end the Bell/AGT/SaskTel/etc. monopoly and allow business competition in the telecommunications market so that consumers would have more choices and encourage the introduction of improved service? Ironic. | |
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 |  EPS join:2008-02-13 Hingham, MA | said by SierraRob:I'm sure Verizon and Sprint will eagerly rush to match this new cap. Isn't the free market wonderful? Telus isn't in the same market with VZW, S, T, T-Mobile, or any US carrier- you can thank Canadian spectrum ownership laws on that. Though, it may spread to Bell Mobility and Rogers...
However, this appears to be a cap-and-overages, rather a cap-and-you're-done, which is a bit different than the 5GB cap. | |
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 pokesphIt Is Almost FastPremium join:2001-06-25 Sacramento, CA kudos:1 | contracts? Aren't these plans on 2 and 3 year contracts?
If you don't agree and/or they force you anyway, isn't that breech of the contract, etc? | |
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 bgraham join:2001-03-15 Smithtown, NY Reviews:
·Verizon VoiceWing
·Verizon FiOS
·VOIPo
| Just business, and the consumer and competition will decide. This seems to be the way of consumer selling right now. Suck people in with a sales pitch and decent pricing and then ASAP raise rates.
If a company can raise rates by 10% and loose 5% of their customers then they are ahead of the game. More revenue and less work.
The customer and competition will decide if that is a good marketing plan.
It reminds me of our local CompUSA with their crappy prices and where everything had a rebate. Well the customers spoke and CompUSA is now history. | |
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 | | All you can eat ? Yeah, they really F'ed us all. They do "unlimited" to get positive reviews and big customer base up front and then pull the rug out from under you and make you pay up the rear. Not much different than DRUG DEALERS if you ask me... get you hooked them make you pay through the nose.
Like going to an unlimited "all you can eat" Chinese buffet and getting the cops called on you for taking 1 egg roll. 
As long as there are STUPID people bending over and keeping their service, it will not change. CANCEL SERVICE!!! | |
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 |  | | Re: All you can eat ? Also, Unlimited is for my piece of mind, not because I need it. I don't want the stress of a cap anymore!
Just the stress of thinking if I download a patch today, I can be screwed tomorrow if I need to download important info for work. Just not worth it.
Their greed will bite them in the rear. I have unlimited VOIP, cellular, etc but do I abuse it? NO! There are a lot of suckers out there that will pay for "unlimited" but use next to nothing ... that balances out the few abusers out there.. but they have to be GREEDY! | |
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 | | Plan no longer offered & TOS limited what "unlimited" meant
»www.atgwireless.com/digital-pcs/···5&CID=33 The plan was a promotion and offered month to month as well as yearly contract prices. Did the Howard Forums poster have a month to month? And when the plan was eliminated, he lost the ability to renew? We will never know because he doesn't say.
»grease.telusmobility.com/about/m···cy.shtml
TOS
You will not use the service for: multi-media streaming; voice over Internet protocol; or any other application which uses excessive network capacity or may otherwise adversely impact other users, that is not made available to you by TELUS.
You agree that, to maintain or improve the service, or for other business reasons, TELUS can in its sole discretion, suspend, restrict, modify or terminate all or any part of the service or make changes to the network and other facilities without notice to you. -- My BLOG .. .. Internet News .. .. My Web Page Ask yourself one question: 'Do I feel lucky?' Well, do ya punk? | |
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 |  | | Re: Plan no longer offered & TOS limited what "unlimited" meant Just to clarify for you.
I bought in on a three year contract with the asusrances from the salespeople it was unlimited access. The card is connected to a desktop unit using a pcmcia adapter and sharing the internet with ICS off the base desktop unit. I specifically wanted to avoid these types of issues which is why I went to pains to make sure the salepeople new exactly was I was intending to do. Not one of three salespeople mentioned any restriction or that anything I wanted to do would be in violation of the TOS.
All we wanted to do was some basic stuff you would do on the internet, a little down loading, watch some videos, play some online games and general surfing. I don't do P2P, Bittorrents, use web cams, host servers or anything like that.
The next lower plan only offered 1 Gb and I knew I would be over that, another reason to go for the unlimited. If I had known about the cap at 5Gb I would have either decided not to take the plan or I would have changed the configuration of the network to suit. But I didn't know about the cap.
It's a little hard to play by the rules if you don't know what they are.
If I use 20 Gb on the "unlimited" plan I get told I'm abusing the system and either take the lower package or get terminated. If a person on the lower package with a 1 Gb limit does 20 Gb, that person isn't found to be abusive or have their contract terminated they just get billed $10 a Gb they go over the limit. As long as you pay, it's okay.
I tried to talk with the Telus reps to determine what the problem was but they refused to quantify or define what abuse was or when it started, at what level of data usage for unlimited package became excessive. They only kept coming back to how much I was downloading.
This is exactly the same thing Verzion was trying to do and they got hauled in by the AOG in New York for deceptive marketing, promoting a service as unlimited that had undisclosed restrictions, restrictions were not displayed in a conspicuous manner, in either the advertisments or the contract itself.
You can read the press release from the AOG here
»www.oag.state.ny.us/press/2007/o···_07.html
Telus needs to be brough before the Canadian Competition Board for the same reasons, consumers need to be treated fairly and honestly. | |
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 | | . More and more i read about this metering or caps, how much longer but public back lash really begins. | |
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 Its a SecretPlease speak into the microphonePremium join:2008-02-23 Da wet coast kudos:3 | The bad news If you refuse to sign up for the 1 gig service, and they terminate you, you still get charged the early termination fee. "We win, you lose". Nice, eh? -- "In the future, that which is not mandatory will be illegal" | |
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 |  ChrisXPUnited We Stand, Divided We FallPremium join:2002-12-13 USA | Re: The bad news said by Its a Secret:If you refuse to sign up for the 1 gig service, and they terminate you, you still get charged the early termination fee. "We win, you lose". Nice, eh? Which is how they screw customers coming and going.
Why if I do get a cellphone for myself, it'll be pay-as-you-go. As I want to stop a service if it's poor, and try another pay-as-you-go. More companies do this, the best of the industry will rise, and the crappy disconnects and nickel-and-dime ops will fall.
Yeah, I'll pay more per minute, but have the freedom to use and abuse the phone -- and leave without a $200 fine. $20 for a phone card, or $40/mon rather you use it or not???? -- Zionism is a crime
»www.jewsagainstzionism.com »www.christianzionism.org | |
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 Kdee join:2005-08-26 Etobicoke, ON | There are some good suggestions on how to fight this..... ... In This blog posting:
»itnerd.wordpress.com/2008/08/26/···ed-plan/
I'm in favor of the class action lawsuit myself. But starving Telus of cash is good too.  | |
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 NOCManMacChatterPremium join:2004-09-30 Colorado Springs, CO | It's annoying Many people were able to be served in rural areas by cellular broadband and now they're capped. I think the carriers would be smart by installing fixed end systems at rural homes so they know which customers are setup this way and offer them something resembling broadband. Given it's not the fastest, but it's better than dialup. -- Mac Chatter »www.macchatter.net | |
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 | | But the customer SIGNED a contract If the original terms of the contract specified UNLIMITED, then by all means, I would expect the customer to keep using it as much as they want. Why does it seem to me that the megacorps can change the contract any time they want, ALWAYS to the detriment of the customer, but the customer is not allowed to force them to live up to the terms of the ORIGINAL CONTRACT. If I had signed up for a 2 year unlimited plan, then by all means, I would use it as much as I could for the 2 years. THE FACT THAT THEY CHANGED THE TERMS does NOT INVALIDATE the ORIGINAL CONTRACT. Period. Maybe they won't let you renew your contract with the same terms, but the original contract which was signed should be FORCED to stay in effect until the end. A contract is an agreement between 2 parties, and 1 party can't just arbitrarily change the terms. In this case, it's to the megacorps interest to change the terms, but if they have a right to charge and early termination fee if I change the terms, then I have the right to hold THEM to the original terms. -- The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity! | |
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 |  LinkTechFormer Linksys TechVIP join:2002-07-02 Mission Viejo, CA | Re: But the customer SIGNED a contract Unfortuantly there is a little line in most contracts that read "we reserve the right to change the contract at anytime" thus giving the megacorp a way to cop out of the contract and not have to live up to it. | |
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 |  |  tiger9 join:2005-08-01 Ont,Canada | Re: But the customer SIGNED a contract True, but at least the customer has an option to cancel when he/she disapproves of the change. | |
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 |  |  | | I wonder if that line would stand up in court? I would certainly LOVE to see someone get paid for 'breach of contract', notwithstanding that line.
"A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law."
One of the most famous cases on forming a contract is Carlill v. Carbolic Smoke Ball Company, decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here is a distinct promise expressed in language which is perfectly unmistakable".
When you sign up for 'unlimited' access, that is expressed in a language which is perfectly unmistakable. -- The happiest countries are the most secular. The struggle AGAINST corporations is the struggle FOR humanity! | |
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 |  |  |  | | Re: But the customer SIGNED a contract I will go further....I would LOVE to see someone get paid for 'breach of contract' calculated at the new overage rates! | |
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 | | One simple law... We have laws the protect customers against "bait & switch" advertising. Why don't these laws apply to telcos and their products? | |
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 |  | | Re: One simple law... Because the telcos have money to buy off the judges and regulators and government. They do what they damn well please. However, if WE were to do that, we'd be in deep do-do. | |
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 mlernerPremium join:2000-11-25 Nepean, ON kudos:5 | Told you Unlimited does NOT mean unlimited. I'd rather take the $30/6 GB from Rogers. | |
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