Re: If it's my hardware........ in http://www.dslreports.com/forum/r9300648 en Sun, 21 Mar 2010 04:07:35 EDT Sun, 21 Mar 2010 04:07:35 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9982862 sharksfan3 : At the fed level you might be ok... but not the state.]]> http://www.dslreports.com/forum/remark,9982862 Thu, 15 Apr 2004 19:35:06 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9357480 pilferk3 : I'm not sure that's a valid analogy. People own DirectTV set tops, yet DirecTV controls content to that box. There are plenty of content providers who "control" the content via some sort of "control" on consumer owned equipment.

There is consumer choice: Connect to the providers content and allow them some measure of control over the equipment you own OR choose not to conncet to the providers content. Thus, the reason for the EULA/TOS agreement....]]> http://www.dslreports.com/forum/remark,9357480 Wed, 11 Feb 2004 13:35:55 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9334307 Wall9 : I understand your analogy. I just don't think it applies. ]]> http://www.dslreports.com/forum/remark,9334307 Mon, 09 Feb 2004 12:23:09 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9332139 anon : Because the FCC recently declared that cable modem service is *NOT* a telecommunications service, so telecom laws do not apply. DSL was declared a telecommunications service even though it does the same thing, and is subject to regulation, and telecom law.]]> http://www.dslreports.com/forum/remark,9332139 Mon, 09 Feb 2004 05:19:13 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9319447 Rexter : Whoosh!!

Hum........ I think you missed it.]]> http://www.dslreports.com/forum/remark,9319447 Sat, 07 Feb 2004 20:06:40 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9315368 Wall9 :
said by Rexter See Profile:
Here in Colorado, like today fore example, it's cold and snowy. If I leave my car running unattended to warm it up, and it gets stolen, sure if the guy who did it gets caught, he may go to jail. But either way I will still get a ticket.


Leaving a car running has nothing to do with going out of your way to modify a piece of hardware for the sole purpose of stealing what is not yours. ]]> http://www.dslreports.com/forum/remark,9315368 Sat, 07 Feb 2004 11:34:43 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9314483 Rexter :
said by medici See Profile:
But when it comes to stuff like firewall protection, junk email filtering, virus protection, traffic shaping, and just good old customer education and support, that's too expensive (even though there are plenty of free or low-cost tools to address most of these categories).


I really don't want my ISP to do this stuff. This is something that I want full control of. You have to keep in mind that security comes at the expense of functionality. It would be nice to have it maybe as an option, but based on past events, they are more likely to just force it on everyone.]]> http://www.dslreports.com/forum/remark,9314483 Sat, 07 Feb 2004 08:48:19 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9306566 JakCrow :
said by medici See Profile:
IANAL, and I don't think you are, either. A contract is a legally binding document. Once you've agreed to the terms of service and accepted the contract, you are liable for any breaches of those terms. Straightforward contract law.

Signing up with an ISP is not a contract agreement in the way two corporations sign a contract to do business with each other. I have yet to see the TOS of a cable ISP state that they will sue you or you could be arrested if you hack your modem. No, the worse they can do is cancel your service and maybe charge you some kind of cancellation fee, -if- it's in their TOS.

said by medici See Profile:

If the cable company wants to make an example of you, they can sue for theft of service, disruption of business, their costs to investigate and mitigate your unauthorized use, legal fees and punitive damages.

In a case like that, the TOS would most likely work against the ISP. The "theft of service" charge would be hard for the ISP to make stick, since the courts have previously said that it's difficult to quantify just how much "service" was stolen.

said by medici See Profile:

Also, AFAIK, there is no requirement of specific legislative protection in order to prosecute theft of service.

I do believe there is, especially with cable. Modem hacking is a simple TOS violation, nothing more.

said by medici See Profile:

What I find is interesting is that ISP's seem to have plenty of money to spend on capping customer's bandwidth, detecting modem hackers, tracking bandwidth utilization and penalizing so-called bandwidth hogs. But when it comes to stuff like firewall protection, junk email filtering, virus protection, traffic shaping, and just good old customer education and support, that's too expensive (even though there are plenty of free or low-cost tools to address most of these categories).

They certainly aren't spending that money on upgrading their networks if they feel the need to crack down on "bandwidth hogs".]]> http://www.dslreports.com/forum/remark,9306566 Fri, 06 Feb 2004 13:40:37 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9304327 xpkranger : Where is the the line though between civil and criminal? If I go and take the filters off the line that at eye level on the side of my house and allow HBO, Cinemax, et al in to my house they're sure going to try have me prosecuted for criminal theft of services. And if there's a lawyer in the bunch out there, where does the DMCA fall into all of this? I thought it might have something to say about it. Also, does the law vary from state to state or is it Federal because of the ICC?
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When I die, I want to die like my grandmother, who died peacefully in her sleep. Not screaming like all the passengers in her car. -Author Unknown ]]> http://www.dslreports.com/forum/remark,9304327 Fri, 06 Feb 2004 09:17:12 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9304139 Rexter : Here in Colorado, like today fore example, it's cold and snowy. If I leave my car running unattended to warm it up, and it gets stolen, sure if the guy who did it gets caught, he may go to jail. But either way I will still get a ticket. ]]> http://www.dslreports.com/forum/remark,9304139 Fri, 06 Feb 2004 08:42:42 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9302366 Wall9 : Locks aren't put in place to keep out thieves. They're put in place to keep honest people honest.

Putting blame on anyone other than the person doing the stealing makes absolutely no sense to me. To be honest, I think it's pretty f'n sad. ]]> http://www.dslreports.com/forum/remark,9302366 Fri, 06 Feb 2004 00:04:29 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9301810 N3OGH : By PA law it is. The statute specifically states "Internet access" in the definition of telecommunications, as noted in the text of my previous post.

If the statute specifically states "internet access" , how then, is Comcast High speed INTERNET not telecommunications?

Just askin'' ]]> http://www.dslreports.com/forum/remark,9301810 Thu, 05 Feb 2004 22:51:02 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9301295 Rexter : Just about any router has the ability to restrict bandwidth based on MAC or IP address. Yes it does consume resources on the router, but if you are going to be an ISP, you've gotta do what you gotta do. ]]> http://www.dslreports.com/forum/remark,9301295 Thu, 05 Feb 2004 22:01:47 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9301254 medici : It is in PA. And it might be subject to interpretation elsewhere if you use VoIP. ]]> http://www.dslreports.com/forum/remark,9301254 Thu, 05 Feb 2004 21:58:48 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9301199 medici : IANAL, and I don't think you are, either. A contract is a legally binding document. Once you've agreed to the terms of service and accepted the contract, you are liable for any breaches of those terms. Straightforward contract law. If the cable company wants to make an example of you, they can sue for theft of service, disruption of business, their costs to investigate and mitigate your unauthorized use, legal fees and punitive damages.

Also, AFAIK, there is no requirement of specific legislative protection in order to prosecute theft of service.

What I find is interesting is that ISP's seem to have plenty of money to spend on capping customer's bandwidth, detecting modem hackers, tracking bandwidth utilization and penalizing so-called bandwidth hogs. But when it comes to stuff like firewall protection, junk email filtering, virus protection, traffic shaping, and just good old customer education and support, that's too expensive (even though there are plenty of free or low-cost tools to address most of these categories).]]> http://www.dslreports.com/forum/remark,9301199 Thu, 05 Feb 2004 21:54:44 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9301003 Rexter :
said by rchandra See Profile:
...all this stuff about "I can do whatever I want" without consequences.

eh
yea, thats what I said.]]> http://www.dslreports.com/forum/remark,9301003 Thu, 05 Feb 2004 21:33:48 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9300923 Rexter : Sound advice. I'll go with someone that know how to properly administer their network. Thank you.]]> http://www.dslreports.com/forum/remark,9300923 Thu, 05 Feb 2004 21:26:46 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9300895 Rexter : Yes, I am placing blame on the ISP. They need to secure their network on their end. My point is that the DOCSIS standard is stupid to place the controls in the customers equipment, when it belongs in the ISP's equipment. It's just poor network administration.]]> http://www.dslreports.com/forum/remark,9300895 Thu, 05 Feb 2004 21:23:38 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9300813 Rexter : I agree, but they would have to prove damages.]]> http://www.dslreports.com/forum/remark,9300813 Thu, 05 Feb 2004 21:16:21 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9300648 DadeMurphy : Cable HSI is not considered telecommunications.]]> http://www.dslreports.com/forum/remark,9300648 Thu, 05 Feb 2004 20:59:41 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9300531 N3OGH : Perhaps not in California, but in PA, one could argue that Pa. C.S. sec 910 Manufacture, distribution, use or possession of devices for theft of telecommunications systems might. The statute states that:

"Any person commits an offense if... for commission of theft of a telecommunications service or to disrupt,transmit, decrypt, yadda yadday yadda.... or acquisition of any telecommunications service without the consent of the telecommunications service provider."

The statute does specifically mention the modification of devices connected to a telecommunications network, and does not differentiate based on the ownership of the device. The statute also specifically states that the definition of a Telecommunications service is " any service provided by any radio,telephone,cable television, satellite,microwave, or wireless distribution system, including, but not limited to, any and all electronic, data,video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services.

First offense is a misdemeanor first degree, second offense is a felony.

How long do you think it is before Comcast goes after people for uncapping their modems. All they have to do is give the evidence to the local PD and shazamm, your name too, can be on the top of a criminal complaint.

Since I have no desire to be the test case, I will NOT be uncapping my modem. I don't have a legal plan that robust.

Besides, the "It's my hardware" argument is an illogical one, considering your cell phone is your hardware, you're not allowed to tinker with it, your cable box could be your hardware, you can't tinker with it to get free spice channel. Your CAR is your own hardware, but drive it on the road with no plates and no insurance, and expect to get a ticket....

Once again, just my 2 cents ]]> http://www.dslreports.com/forum/remark,9300531 Thu, 05 Feb 2004 20:47:09 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9299687 dvd536 :
said by aitech See Profile:
If you turn off syslogging, and change tree walking - no, they cannot simply "query the modem" and find out what your doing.
No matter what you do to your modem, an uncapped modem will stick out like a sore thumb at the CMTS on their QoS profiles. only way to 'hide' is to uncap to a higher level of service the company offers. on providers like OOL its not possible as they offer only one speed (10000/1000).
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You can never be too rich, too thin or have too much Bandwidth]]> http://www.dslreports.com/forum/remark,9299687 Thu, 05 Feb 2004 19:26:07 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9299588 dvd536 :
said by Qumahlin See Profile:
The bottom line is that as is this really does not effect much. It is easy to catch the users who decide to uncap if the ISP wants too and the "etherboot" method of install Sigma is far to challenging to the average user who has no cable making/soldering knowledge
Oh i'm sure soon there'll be a flood of sites offering 'pre-modded surfboards' once this gets out.
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You can never be too rich, too thin or have too much Bandwidth]]> http://www.dslreports.com/forum/remark,9299588 Thu, 05 Feb 2004 19:17:38 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9298364 rchandra : Look: it boils down to this. You are free to do whatever you want with your hardware, and the cableco is free to do whatever they want with their hardware. On the cableco's part, this would include denying you service and possible pressing criminal charges akin to vandalism for damaging, if not the physical network, the operation of their network. I would find it really surprising if you're connected to a provider that doesn't have a clause in their AUP/ToS that states this sort of thing. Most of them also ask you to ACK that the AUP/ToS is a legally binding contract between the provider and you, and that if you don't agree to them, you must disconnect and not use those services.

I don't know where people like you come up with all this stuff about "I can do whatever I want" without consequences.
--
English is a difficult enough language to interpret correctly when its rules are followed, let alone when a writer chooses not to follow those rules. Blog is here]]> http://www.dslreports.com/forum/remark,9298364 Thu, 05 Feb 2004 17:22:25 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9298140 b_zen : Thank "re"you]]> http://www.dslreports.com/forum/remark,9298140 Thu, 05 Feb 2004 17:02:38 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9298091 anon : You're looking at it all wrong.

It doesn't matter if it's your modem. Your modem is on their network. As long as you are using bandwidth on their network, then you are subject to their speed restrictions. How about if you had a 100Mb pipe and I put my own router into my house and plugged into your network. I then used as much of the 100Mb pipe as I could even though you are paying for the pipe. You wouldn't like that would you? You bought the modem, which means you are responsible for the hardware, not for how much bandwidth you use on someone else's network.

ARSE!]]> http://www.dslreports.com/forum/remark,9298091 Thu, 05 Feb 2004 16:58:40 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9297034 insomniac :
said by AthlGrond See Profile:
The cable company places no restriction on what you do with your equipment, they place restrictions on the type of equipment that is allowed connected to their network. (Mod your modem all you like, they don't care so long as you don't try to plug it in to their network.)


That's right. I think this is the same thing as blue-boxing on my phone line, except the penalties for stealing phone service can be harsher since there are specific laws against it.
--
If everything seems to be going well, you've obviously overlooked something.]]> http://www.dslreports.com/forum/remark,9297034 Thu, 05 Feb 2004 15:23:09 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9297028 Jeremy341 :
said by nasadude See Profile:
However, if you buy and own your own modem, this amounts to the cable company restricting your use of your property.
You can do whatever the hell you want with your own cable modem, and nobody will say a word. But once you plug it into your cable company's network, you're using their service, and you're agreeing to their rules. If you don't like their rules, you can lease a modem, or go somewhere else.]]> http://www.dslreports.com/forum/remark,9297028 Thu, 05 Feb 2004 15:22:45 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296997 Jeremy341 :
said by b_zen See Profile:
By the way, how do you "re"cap your modem???
You "re"boot it, and allow it to get the configuration file off the ISP's TFTP server like it's supposed to.]]> http://www.dslreports.com/forum/remark,9296997 Thu, 05 Feb 2004 15:20:00 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296983 pit_viper :
said by JakCrow See Profile:
There are no grounds for legal action over cable modem hacking.


No but a company can take civil action....
--
"Arguing on the internet is like running in the special olympics, even if you win, you're still retarded"]]> http://www.dslreports.com/forum/remark,9296983 Thu, 05 Feb 2004 15:18:46 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296982 insomniac : To re-cap, you should just be able to reset it and let it get the config file from the ISP instead of the customized one from your spoofed TFTP server, right? That's how I understand it, but I have no experience in actually uncapping my modem because I've never seen the risk of losing my service as "worth it."
--
If everything seems to be going well, you've obviously overlooked something.]]> http://www.dslreports.com/forum/remark,9296982 Thu, 05 Feb 2004 15:18:45 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296930 xpkranger : Perhaps you're right, but I wouldn't want to be the one to test it out, at least not against the lawyers I work for. Besides, I've got 3000K already. (wish I had better upstream though - too bad I can't give back .5 for upstream) Even if it doesn't violate the letter of the agreement, I think that it does violate the spirit. Either way, I'm definitely not going to be the first one to cast a stone. (Graveyards in my closets and all...) Good luck!
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When I die, I want to die like my grandmother, who died peacefully in her sleep. Not screaming like all the passengers in her car. -Author Unknown ]]> http://www.dslreports.com/forum/remark,9296930 Thu, 05 Feb 2004 15:12:36 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296637 aitech : If you turn off syslogging, and change tree walking - no, they cannot simply "query the modem" and find out what your doing. ]]> http://www.dslreports.com/forum/remark,9296637 Thu, 05 Feb 2004 14:41:23 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296479 JakCrow : An EULA is only a "contract" between parties. Worse they could do is terminate someone's service and -maybe- bill them something extra. Some cable companies have tried to get people charged with "theft of service" crimes, but since cable internet isn't regulated, theft of service laws don't apply.]]> http://www.dslreports.com/forum/remark,9296479 Thu, 05 Feb 2004 14:23:36 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296237 xpkranger :
said by JakCrow See Profile:
There are no grounds for legal action over cable modem hacking.

Isn't there something in the EULA or service agreement that a would say different?
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When I die, I want to die like my grandmother, who died peacefully in her sleep. Not screaming like all the passengers in her car. -Author Unknown ]]> http://www.dslreports.com/forum/remark,9296237 Thu, 05 Feb 2004 13:56:29 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296214 b_zen : On to the point!

The hypocrisy of the ISP's and manufacturers (to a lesser degree)... Since they can't secure it from the start (technically, or due to cost) they'll leave it in the hands of users, hardware is usually having a valuable cost on the market :), then reprimand you if you find a way to set the monkey loose...

The day I find a non-technical way of uncapping my modem, you bet I'll try it :)
By the way, how do you "re"cap your modem???
--
Join BroadbandReports.com's SETI@Home Team
Don't let your computer's idle time go to waste!]]> http://www.dslreports.com/forum/remark,9296214 Thu, 05 Feb 2004 13:54:32 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296208 Aggie Dan : If you look at the higher charges once you go over your time allotted by your package as a penalty... Then the overage charges are similar to any fines or loss of network connection that your cable company would do.

Granted, the cable company takes a harsher stance. But, they are in effect the same thing.

This is, of course, neglecting the prepaid cell phones. Once those run out of minutes, you're done until you go buy some more minutes.
--
Note : The statements made by myself are my own and not the opinions of my employer or of my coworkers. 14.327 GHz Crunching Power | The Ryan Foundation for MPS Children]]> http://www.dslreports.com/forum/remark,9296208 Thu, 05 Feb 2004 13:53:43 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296086 JakCrow : There are no grounds for legal action over cable modem hacking.]]> http://www.dslreports.com/forum/remark,9296086 Thu, 05 Feb 2004 13:42:52 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9296019 tonekilla : What are you talking about? they want you to use the hell out of their network, so they can then charge the hell out of you.
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Gotta love SBC's 6000/608 plan for $44.99!]]> http://www.dslreports.com/forum/remark,9296019 Thu, 05 Feb 2004 13:37:48 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295768 Clocker1000 : I agree. It's just like the laws we have with respect to driving cars.

My car can go over 100mph but I'm restricted with how I can drive it on my 'network' of roads (which I pay for with my tax dollars).

The same goes for my cable modem. I can use it on the network but I better conform with the network rules. Some people just have to have something to bitch and complain about I guess.

C]]> http://www.dslreports.com/forum/remark,9295768 Thu, 05 Feb 2004 13:07:28 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295670 pit_viper :
said by Qumahlin See Profile:

It is easy to catch the users who decide to uncap


Exactly.....People will enjoy the speeds for a day or too while the ISP is gathering the evidence for possible legal action :)
--
"Arguing on the internet is like running in the special olympics, even if you win, you're still retarded"]]> http://www.dslreports.com/forum/remark,9295670 Thu, 05 Feb 2004 12:55:38 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295642 pit_viper :
said by Rexter See Profile:
If it's my hardware, I'll do whatever the hell I want to it. It's asinine to have the bandwidth cap programed into the customers hardware. That's like a bank keeping the key to the vault in everyone's safety deposit box. The cable modem is a bridge, and with the exception of encryption, it should only function as a bridge. It would not be so hard to limit bandwidth per IP address at the node. This whole situation is just stupid.


To use the service you agree to those terms, if you don't like it get off
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"Arguing on the internet is like running in the special olympics, even if you win, you're still retarded"]]> http://www.dslreports.com/forum/remark,9295642 Thu, 05 Feb 2004 12:52:42 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295382 Healbot : Yeah but its there bandwidth, how else can they cap you? Image 10 people using all of the node(?) bandwidth and then the people getting 50/50 come to DSLreports and bitch about how cable is so slow]]> http://www.dslreports.com/forum/remark,9295382 Thu, 05 Feb 2004 12:24:55 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295163 AthlGrond :
said by nasadude See Profile:
However, if you buy and own your own modem, this amounts to the cable company restricting your use of your property. It's similar to the MPAA saying you can't skip commercials on a DVD you own or the phone company saying you can only make 5 phone calls an hour over our network.
I disagree.

The cable company places no restriction on what you do with your equipment, they place restrictions on the type of equipment that is allowed connected to their network. (Mod your modem all you like, they don't care so long as you don't try to plug it in to their network.)

So it's not really a restriction on what you can do with your property, it's more a restriction on what you can do with Their's.]]> http://www.dslreports.com/forum/remark,9295163 Thu, 05 Feb 2004 11:59:53 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9295103 Aggie Dan :
said by nasadude See Profile:
or the phone company saying you can only make 5 phone calls an hour over our network.


Or... Ummm... Maybe having the cell phone company restricting the number of minutes you can use on their network?

Outrageous I tell you.

[/sarcasm]
--
Note : The statements made by myself are my own and not the opinions of my employer or of my coworkers. 14.327 GHz Crunching Power | The Ryan Foundation for MPS Children]]> http://www.dslreports.com/forum/remark,9295103 Thu, 05 Feb 2004 11:52:47 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294888 Wall9 : Mod it sure. It's yours. Having uncapped HSI is not yours. What's stupid about it?

You sound as if you're placing the blame on ISP's. ]]> http://www.dslreports.com/forum/remark,9294888 Thu, 05 Feb 2004 11:28:41 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294828 Rexter :
said by Qumahlin See Profile:
There were plenty fo DSL providers who used to set caps at the customers DSL/router instead of the DSLAM.


First off I'm not so sure that this is true. But even so the key word would be "used to."]]> http://www.dslreports.com/forum/remark,9294828 Thu, 05 Feb 2004 11:20:13 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294790 nasadude :
said by Ronin4740 See Profile:
...Yep, the modem is your hardware and yep you can use it to connect to the cable modem network but read the AUP for practically any cable internet service and you items which prohibit uncapping modems and/or modifying firmware.


I'm not questioning the AUP of the cable companies and obviously, if you rent your modem you have no right whatsoever to modify it.

However, if you buy and own your own modem, this amounts to the cable company restricting your use of your property. It's similar to the MPAA saying you can't skip commercials on a DVD you own or the phone company saying you can only make 5 phone calls an hour over our network.

If they don't want people uncapping their modems, maybe they should move control of the caps to the CMTS. Or not let people use their own modems.]]> http://www.dslreports.com/forum/remark,9294790 Thu, 05 Feb 2004 11:16:03 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294786 Qumahlin :
said by Rexter See Profile:
I understand that it's in the specs. The point that I am making is that the specs are flawed. No other HSI service, that I know of, works this way. It is the responsibility of th ISP to maintain their network on their end, not on the customers end, not on the customers equipment.


There were plenty fo DSL providers who used to set caps at the customers DSL/router instead of the DSLAM. The ISP is maintaining their network just because part of the control is placed in an area the customer is not supposed to be accessing anyway doesn't exactly make it flawed. Just different.

What is flawed is manufacturers not bothering to test that their modems were up to spec. Manufacturers with "leaks" giving out shelled firmware so that firmware coders know exactly what they have to work with, etc, etc.

The bottom line is that as is this really does not effect much. It is easy to catch the users who decide to uncap if the ISP wants too and the "etherboot" method of install Sigma is far to challenging to the average user who has no cable making/soldering knowledge
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Forum Posts:4004]]> http://www.dslreports.com/forum/remark,9294786 Thu, 05 Feb 2004 11:15:44 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294753 Rhobite : It's not legal to receive channels you don't pay for. But you have to fault the cable companies for putting trusted equipment in the hands of consumers. Granted there's not much they can do technically (I'm not talking about whether it's illegal or not) about protecting TV signals, but they can certainly enforce caps at the headend rather than the CM.

It's against the AUP to sniff your neighbors' traffic, but the fact that this is even possible is 100% the fault of the cable companies. I don't even have cable HSI anymore - but it's kind of shocking that I could dust off my old SB4200, take the filter off my cable, and sniff my neighbors' traffic, without even being a subscriber.]]> http://www.dslreports.com/forum/remark,9294753 Thu, 05 Feb 2004 11:11:16 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294740 Rexter : eh]]> http://www.dslreports.com/forum/remark,9294740 Thu, 05 Feb 2004 11:09:55 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294735 Rexter : I understand that it's in the specs. The point that I am making is that the specs are flawed. No other HSI service, that I know of, works this way. It is the responsibility of th ISP to maintain their network on their end, not on the customers end, not on the customers equipment. ]]> http://www.dslreports.com/forum/remark,9294735 Thu, 05 Feb 2004 11:09:10 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294664 Ronin4740 : Gawd... Okay, it's your TV - Does that make it legal to hack the cable connection so you get HBO, Showtime, etc... for free?

Yep, the modem is your hardware and yep you can use it to connect to the cable modem network but read the AUP for practically any cable internet service and you items which prohibit uncapping modems and/or modifying firmware.

Inlcuded for reference: Charter's AUP and Customer Agreement Links

»www.charter.com/site/rules.asp#aup

»www.charter.com/site/customeragreement.asp

Mod your firmware and/or uncap at your own risk. A simple query of the modem from the cable company's NOC will reveal your actions and may subject you to termination of service.
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DSL? Why not Cable!]]> http://www.dslreports.com/forum/remark,9294664 Thu, 05 Feb 2004 10:59:52 EDT Re: If it's my hardware........ http://www.dslreports.com/forum/remark,9294639 Qumahlin :
said by Rexter See Profile:
If it's my hardware, I'll do whatever the hell I want to it. It's asinine to have the bandwidth cap programed into the customers hardware. That's like a bank keeping the key to the vault in everyone's safety deposit box. The cable modem is a bridge, and with the exception of encryption, it should only function as a bridge. It would not be so hard to limit bandwidth per IP address at the node. This whole situation is just stupid.


No, Limiting bandwidth at the CMTS using QoS or other traffic flow methods wastes processor cycles/CMTS CPU power. The modems were meant to be this way it is part of the docsis specs.

In 1.1 and 2.0 systems the CMTS's are more "efficient" at handling pure QoS traffic control but it is still better off to limit the bandwidth at the modem.
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Forum Posts:4004]]> http://www.dslreports.com/forum/remark,9294639 Thu, 05 Feb 2004 10:56:59 EDT If it's my hardware........ http://www.dslreports.com/forum/remark,9294579 Rexter : If it's my hardware, I'll do whatever the hell I want to it. It's asinine to have the bandwidth cap programed into the customers hardware. That's like a bank keeping the key to the vault in everyone's safety deposit box. The cable modem is a bridge, and with the exception of encryption, it should only function as a bridge. It would not be so hard to limit bandwidth per IP address at the node. This whole situation is just stupid.]]> http://www.dslreports.com/forum/remark,9294579 Thu, 05 Feb 2004 10:49:24 EDT