Old_Grouch
Don't just sit there silly DO something
Premium
join:2004-05-26
Greenwood, IN
clubs:
 ·AT&T Midwest
| reply to XBL2009
Re: WARNING: AT&T will cut off your Internet connection if...
Since this thread is liable to continue, I thought it might be helpful to have the section of the TOS that the OP seems focused on to view rather than merely referred to:
5.1 Suspension/Termination. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. In addition, AT&T may immediately terminate or suspend all or a portion of your Service, any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy; (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these TOS, or any applicable policies or guidelines, or (c) tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service. Having read that, I can see movie, music and game pirates getting their panties in a bind. But people who, are fast with an opinion or characterization of an at&t action don't seem at risk to me.
This reads to me as at&t trying to shield itself. When it comes to many of the comments offered here and elsewhere in the internet or in print, their best shield might be a different practice. Beyond that, I certainly am not ready to put my sword away any time soon.
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At Team Discovery we know how to get more outta that danged 'puter of yours! |
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jsinaiko
Premium
join:2001-04-25
Chicago, IL
·AT&T Midwest
| So they already include illegal activities, nonpayment (DOH!) AND "conduct that tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries."
As you say, probably just typical corporate CYA stuff for AT&T.
It's still pretty ambiguous, especially because by implication it doesn't mean any of the financial or illegal stuff mentioned in the earlier clauses, otherwise they wouldn't have added it.
My guess is that it'll stay ambiguous unless/until someone who gets cut off under that clause sues and the courts have to define what it means.
Again, my only worry would be around political speech which is protected by the first amendment.
We will see as time moves on. The clause might exist ofr 20 years before there is a test case, or there may never be one at all.
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Illegitimati non carborundum
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nwrickert
sand groper
Premium,MVM
join:2004-09-04
Geneva, IL
 ·AT&T U-Verse
·AT&T Midwest
| My guess is that it'll stay ambiguous unless/until someone who gets cut off under that clause sues and the courts have to define what it means. And my guess is that AT&T will try to keep it ambiguous, and will avoid using it in cases where a court challenge is likely. |
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jsinaiko
Premium
join:2001-04-25
Chicago, IL
·AT&T Midwest
| Right - but anyone can sue for anything so if they use the clause to cut someone off they are running that risk - all the other stuff is covered by the other clauses in the TOS.
I guess it is sort of like that line in all job descriptions: "and other duties as necessary." They can go on and on with very specific job duties and obligations, but if it is deemed necessary, the boss can make you shovel the shit and wash the dishes!
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Illegitimati non carborundum
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ey56w46
@pacbell.net
| reply to jsinaiko
Nonpayment isn't illegal, it would be a cival matter not a criminal matter!
said by jsinaiko  :So they already include illegal activities, nonpayment (DOH!) |
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jsinaiko
Premium
join:2001-04-25
Chicago, IL | And your point is?
Read the post - they are two separate clauses. Nobody said non-payment was illegal and anyhow, how is that relevant to the discussion?
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Illegitimati non carborundum
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borked
Cheese With That Whine?
Premium
join:2003-08-10
Kalamazoo, MI
| In the end, they can cut you off for any or no reason if they really wanted to. What you gonna do? Sue AT&T, go through years of litigation and spend 10s of thousands just to maybe get your $20 a month DSL back?
Of course it is not in their best interest to do so.... but they could do it if they really wanted to.
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It is much easier to suggest solutions when you don't know too much about the problem.
Malcolm Forbes (1919-1990) |
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