how-to block ads
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| i'll answer both the lawyer speak response for unlimited that i've seen justified would be that the 'average' user would feel that the service was unlimited because they would never hit the cap put in place. like most advertising claims, you can proclaim something and then argue reasoning behind it, not hard actual limits. aka 'Everything is on Sale!' - except we exclude half the items in the store in which case you should just mention the other half of the items on sale and not say everything or 'Half the Store is On Sale!'; in this case, someone entering a store where more than half was on sale would likely experience the feeling that everything was on sale.
so if a complaint was brought before a judge, he supposedly would reason that the typical user would experience unlimited speed as they would not be able to hit the cap, whereas a non-typical user, and one who was probably violating the terms of service (running a server, business, illegal file sharing, etc) might hit the cap, but the advertised terms don't apply to them.
as far as the DMV goes, the answer is correct. the speed limit is the safest speed. if you go faster than the safe speed as determined by the officer and judge, you'll get a ticket for going 'too fast for conditions' or other similar terms. the speed limit sign is the maximum allowed when safe for conditions. obviously the speed limit sign can't least all the rules on it, but you agree to abide by all traffic laws when acquiring your license so the sign doesn't need them.
and even when a speed limit sign isnt' posted, all types of roads have speed maximums under state or local law, and then adjusted by conditions or including factors that have other rules applied like someone in the crosswalk, a school zone, etc. | |
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| said by ctgottapee:the lawyer speak response for unlimited that i've seen justified would be that the 'average' user would feel that the service was unlimited because they would never hit the cap put in place. like most advertising claims, you can proclaim something and then argue reasoning behind it, not hard actual limits. Exactly. Consider your land line. They advertise that you can pick up the phone and get a dial tone. But, nobody in their right mind would believe that *everyone* in the country could pick up their phone at the *same time* and get a dial tone.
It's just understood. We don't expect the phone company to qualify their advertising with "as long as no more than 400,000 try it at the same time." The advertising, and frame of reference, is based upon averages. What the average person considers to be reasonable.
IMO, those complaining about caps are like the kid doing 90 on a 40mph surface street. They're just arguing technicalities that are irrelevant to the majority, average user.
Mark | |
 funchordsHelloPremium,MVM
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1 edit | said by amigo_boy:Consider your land line. They advertise that you can pick up the phone and get a dial tone. I've never seen such an advertisement. What I have seen are instructions to wait for a dial tone. But your argument is poorly applied to the idea of whether or not something has an arbitrarily fixed limit at the same time that it is being advertised as unlimited.
The number of trunk lines to the next town is a physical capacity based on the configuration of a telephone switch. 2.4 Mbps is a physical capacity based on the technology. 5 GB/mo. is not a physical capacity, it is a policy -- a limit imposed upon a service advertised in huge capital letters as UNLIMITED.
said by amigo_boy:IMO, those complaining about caps are like the kid doing 90 on a 40mph surface street. They're just arguing technicalities that are irrelevant to the majority, average user. Even if we were talking a 250 GB cap, a 250 GB cap is not unlimited. But add to that we're talking about a 5 GB cap on a Broadband carrier. That's just a few hours of Netflix streaming (non-HD) a month. That's less than one DVD in the Fedora set.
(It's still probably 14 kajillion emails.) 
Comcast had been trying to erase its history of advertising "unlimited" service (while keeping secret the fact that it was limited). Cricket doesn't even have that defense. It is actively advertising UNLIMITED.
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon -- KJ7RL
What you do at Christmas does not matter so much; What counts are the Christmas things you do all year through. | |
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| said by funchords:I've never seen such an advertisement. Which proves my point that it's just accepted what is reasonable. The fact that you can get a dial tone just goes with selling the service.
Mark | |
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