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iPhone YouTube Deal Violates AT&T EULA?
Though we'll guess something will be worked out....
(old news - 05:07PM Wednesday Jun 20 2007)
tags: legal · Video · business · wireless · content
Click for full size
Apple's announcement that iPhone users can stream YouTube’s content to their iPhone over Wi-Fi or EDGE networks is getting a lot of press (Youtube is also live on AppleTV as of today). IP Democracy pauses to note that streaming video is actually a violation of the AT&T terms and conditions:
"EXCEPT FOR CONTENT FORMATTED IN ACCORDANCE WITH AT&T’S WIRELESS CONTENT STANDARDS, UNLIMITED PLANS CANNOT BE USED FOR UPLOADING, DOWNLOADING OR STREAMING OF VIDEO CONTENT (E.G. MOVIES, TV), MUSIC OR GAMES. FURTHERMORE, UNLIMITED PLANS (EXCEPT FOR DATACONNECT AND BLACKBERRY TETHERED) CANNOT BE USED FOR ANY APPLICATIONS THAT TETHER THE DEVICE (THROUGH USE OF, INCLUDING WITHOUT LIMITATION, CONNECTION KITS, OTHER PHONE/PDA-TO-COMPUTER ACCESSORIES, BLUETOOTH OR ANY OTHER WIRELESS TECHNOLOGY) TO LAPTOPS, PCS, OR OTHER EQUIPMENT FOR ANY PURPOSE."
Obviously, AT&T will make an exception here (this will adhere to their "wireless content standards"), but it's amusing how these restrictive 3G EULAs we as consumers are bound to suddenly disappear when it comes time to sell a product.

For instance, Verizon Wireless recently ran an ad that featured the Motorola Q streaming video, despite the fact Verizon's incredibly restrictive EULA forbids streaming video. In fact, it forbids everything except e-mail use and web browsing.

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Forums » iPhone YouTube Deal Violates AT&T EULA?
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robbob340
dslr
Premium
join:2001-02-15
Wichita, KS
clubs:

How Much?

I wonder what the invisible cap for ATT will be? 5gigs like Verizon? AND...It will be alot of fun to stream over EDGE
--
Join #dslr unofficial chat!

Goober

join:2000-12-17
Naperville, IL
·WOW Internet and C..
·Comcast

It's a business

"Obviously AT&T will make an exception here (this will adhere to their "wireless content standards"), but it's amusing how these restrictive 3G EULAs we as consumers are bound to suddenly disappear when it comes time to sell product."

It's known as running a business. No matter how many years go by, this place with its uber-liberal anti-business thinking never ceases to amaze me.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

Re: It's a business

said by Goober See Profile :

It's known as running a business. No matter how many years go by, this place with its uber-liberal anti-business thinking never ceases to amaze me.
No it's known as dishonesty, unethical, misleading behavior. Sometimes known as deceptive advertising.... Such as advertising "Unlimited Use" and then buring the fact it's capped and really extremely limited in the small print of some contract. Run a TV ad showing a feature, and then forbid them from using that feature once they actually buy the service.

Actually, now that you mention it, you're quite right. Apparently this is the norm for these types of businesses these days. No matter how many years go by, this place with its anti-consumer, screw-the-customer, loot, steal and burn the people's money pro-business thinking never ceases to amaze me.

--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)
moonpuppy

join:2000-08-21
Glen Burnie, MD

Re: It's a business

DING DING DING!!!!!! WE HAVE A WINNER!!!!!

It's deceptive advertising. Plain and simple.

S_engineer

join:2007-05-16
Chicago, IL

Re: It's a business

Not neccessarily, all EULAs carry "we reserve the right to change as we see fit" addendum. This always means that they can tap another revenue stream. These changes are probably already written by the 1000 cryptic lawyers that write these agreements.

...at the end you'll see "do as I say, not as I do!"

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

said by KrK See Profile :

No it's known as dishonesty, unethical, misleading behavior. Sometimes known as deceptive advertising....
It should always be known as deceptive advertising! Any provider that advertises unlimited service should be punished if they do not provide anything less than unlimited service. If a provider wants to impose caps or limits, just say what they are up front. How hard is that?
--
Only SHATNER is Kirk.

ColorBASIC
8-bit Fun
Premium
join:2006-12-29
Corona, CA
·RoadRunner Cable
·Covad Wireless

Re: It's a business

said by pnh102 See Profile :

If a provider wants to impose caps or limits, just say what they are up front. How hard is that?
Evidently very difficult for Verizon and Comcast.
--
Macintosh Users Group Serving the Inland Empire

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Re: It's a business

said by ColorBASIC See Profile :

Evidently very difficult for Verizon and Comcast.
Well to be fair to Comcast, at least they do not advertise their service as being "unlimited." Verizon Wireless still does, and should be sanctioned if they continue cutting off users.
--
Only SHATNER is Kirk.

ColorBASIC
8-bit Fun
Premium
join:2006-12-29
Corona, CA

Re: It's a business

When they (Comcast) first started sending out nastygrams, they did.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Re: It's a business

said by ColorBASIC See Profile :

When they (Comcast) first started sending out nastygrams, they did.
I suppose the fact that they no longer do that can be considered "progress" LOL.
--
Only SHATNER is Kirk.
mackjr

join:2006-04-14
Bayonne, NJ

Having just bought the Verizon Wireless data plan in question...they are not hiding the cap by any means. It is on every single page that references the plan, and the sales reps will mention it to you when talking about the plan. I agree it's probably better to refer to it as the "5GB Plan," but they are certainly not hiding the details on the cap.
timoteo21

join:2002-05-14
Los Angeles, CA

Re: It's a business

My experience with Verizon was opposite. 3 out of 4 sales reps I asked insisted that "unlimited" really meant unlimited. When I pointed out the clear statements to the contrary in their brochure, they said to ignore it; that Verizon really doesn't care what you do as long as you stay under 5 GB cap.

I think the 5GB cap is great, if that's all there is to it. What bugs me is all the roundabout language, restricting particular applications, and saying the 5GB quota is really just an "indicator" that those other terms are being violated. If this is just a word game to let them continue advertising a 5GB plan as "unlimited," I'm fine with that. What bothers me more, as an application developer, is that Verizon appears willing to let a lot of cheating go on, while waiting to step in and demand a piece of any application that achieves success.

Phattieg

join:2001-04-29
Jacksonville, FL
·Verizon Wireless B..
·Sprint Mobile Broa..

said by pnh102 See Profile :

said by KrK See Profile :

No it's known as dishonesty, unethical, misleading behavior. Sometimes known as deceptive advertising....
It should always be known as deceptive advertising! Any provider that advertises unlimited service should be punished if they do not provide anything less than unlimited service. If provider wants to impose caps or limits, just say what they are up front. How hard is that?
iPhone is CRAP! This is another reason why NOT to waste money on this product. Good luck Apple, the iPOD had less issues. It's a shame it has to be this restrictive on PDA type devices. SERO unlimited data kicks butt!!!
--
SIPPhone/Gizmo # 17476200648 / PIMPNET Chatline / Ran by Asterisk & Slackware 10.1.

Dagda1175

join:2001-06-17
Goleta, CA
said by It's known as running a business. No matter how many years go by, this place with its uber-liberal anti-business thinking never ceases to amaze me.
[/BQUOTE :


Exactly this.

insomniac84

join:2002-01-03
Schererville, IN
You say that, until of course they set a per month cap and start charging 5 cents a kilobyte after that cap.

ColorBASIC
8-bit Fun
Premium
join:2006-12-29
Corona, CA
·RoadRunner Cable
·Covad Wireless

It's known as false advertising and liberals and conservatives alike should be pissed and hold these companies accountable for the lies these companies use in their advertising to steal from customers.
--
Macintosh Users Group Serving the Inland Empire

Titus Pullo
I came, I saw, I slept

join:2004-06-26
·Embarq

said by Goober See Profile :

It's known as running a business. No matter how many years go by, this place with its uber-liberal anti-business thinking never ceases to amaze me.
Oh, good: We have another "Two hard rights from a Swastika" BBR moment!
.
Kearnstd
Elf Wizard

join:2002-01-22
Mullica Hill, NJ

it is called running a business but you dont sell a device that is advertised as exclusive to your network and show in the ads it doing things that arent allowed by your user agreement.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

elvey
Spamassassin

join:2001-02-17
San Francisco, CA
You're right. It's a business...

It's a business in the same sense that Organized Crime rings like the Mafia are businesses. Just like my sig says... (on longer posts!)

JamesPC

join:2005-10-12
Orange, CA

the Devil BOBBY

Wireless companies are the "Devil".

Corona
It's cool, I'm takin it back
Premium
join:2000-03-14
San Antonio, TX

Re: the Devil BOBBY

would've been so much better as "debil"

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
·DSL EXTREME

everything that isn't paid through AT&T violates EULA

Basically, this means that AT&T/iPhone have a 'deal', and they will most likely make exceptions to iPhone customers, as Apple/iPhone have the monopoly on it.

I.e. Everything else violates EULA, unless those companies come to us and pay us for exclusivity rights.

In the end, this is how standard broadband will end up if net neutrality doesn't take hold.

JamesPC

join:2005-10-12
Orange, CA

Re: everything that isn't paid through AT&T violates EULA

exactly, the wireless networks are everything that we don't want broadband to be. This is a prime example of what happens when the network owners make all the decisions.
truocchio

join:2004-07-05
Miami Beach, FL

Re: everything that isn't paid through AT&T violates EULA

God forbid the ones who paid the money to put up the networks want to control their network and make money off of it. It is totally unbelievable!!!!

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
·DSL EXTREME

Re: everything that isn't paid through AT&T violates EULA

I don't have an issue with them attempting to partner with a content provider and make money. The issue I have is someone throwing money (venture capital?) to take something which was Internet access (which many of us want), and turn it into a a 3rd party content filtered / capped connection if you don't use the content provider.

Are you saying because at&t put up networks that Vonage/Skype shouldn't be able to make money ? They have to pay for Internet connectivity, as does everyone else that has an Internet connection. If this doesn't pay for the network, then the business model is skewed.
Having the ISP take money from the content provider isn't wrong, as long as it doesn't dictate HOW the Internet is run. Zonefinder, proxies, adware browsers are just the start.
truocchio

join:2004-07-05
Miami Beach, FL

Re: everything that isn't paid through AT&T violates EULA

Ethically, no. I think they should let everyone use any application they want, that would be great for me, not so much them.

Realistically, they can tell me that I can/cannot do anything on their network and either I don't buy the service or I do and I deal with the BS.

In addition I understand (sometimes) why they do these things. It is to ensure their limited resource (spectrum/bandwidth) is not being completely used up by those individuals who want use more the resources for themselves in effect causing other users to have a bad experience. And in this case if some users want to use youtube and take up a lot of resources then they are making sure they get paid for it.

If I cant use skype on my handheld but can always get good cell phone connections and google maps when I need it than I am okay with that. Eventually technology will increase the available resources and then other applications will become available.

en102
Canadian, eh?

join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
·DSL EXTREME

Re: everything that isn't paid through AT&T violates EULA

Right..
What I (and probably many others) have been concerned about would be something like VoIP on DSL/Cable being filtered.

Eg. coworkers on Cable have poor quality Vonage (with 8Mpbs HSI), while I've had excellent quality Skype on 1.5Mbps DSL.

I somewhat expect it on Wireless, as it isn't considered (except on Data cards) an Internet connection, but a portal.

odreian615

join:2006-01-18
Chicago, IL

Youtube over EDGE

I would just shoot myself

JamesPC

join:2005-10-12
Orange, CA

I say Pay per Bit...or get over it

Just open the damn connection, (pay per bit) instead of wireless carriers playing mommy.
moonpuppy

join:2000-08-21
Glen Burnie, MD
·Verizon Online DSL

Re: I say Pay per Bit...or get over it

said by JamesPC See Profile :

Just open the damn connection, (pay per bit) instead of wireless carriers playing mommy.
And watch people stop using the services. You make people pay per byte, or even per minute, you will see a BIG decline in profits for cell phone carriers.

JamesPC

join:2005-10-12
Orange, CA

Re: I say Pay per Bit...or get over it

No, what they want is to push there crappy content on us. Like we give a shit what verizon wants to sell us. We want to watch youtube and download movies from our phones. This is not about making money, its about making MORE MONEY. Instead of you just paying verizon for there service, they think we want to pay them for the content also. Bull

calvoiper

join:2003-03-31
Belvedere Tiburon, CA
·Comcast Formerly ..

Exception or not?

Is there really a need for an exception here? Can't ATT just say that YouTube is "content formatted in accordance with AT&T's wireless content standards..."?

Of course, that might mean that they would have to allow YouTube to stream to all ATT wireless data subscribers, regardless of the device they are using....

calvoiper
--
VoIP--the death knell of remaining voice monopolies!

See 7 replies to this post
Zorglub

join:2000-11-18
Fremont, CA

Issue is bad business model

All the wireless companies paid tons of cash for spectrum and invested tons of money into creating a broadband connection for the phone. Unfortunately, the only way they can recoup their money is by charging too much and providing too little compared to what broadband users are accustomed to. Sucks to be them.
Asmodeus1

join:2004-05-26
Spring Valley, CA

i went to a cingular/att store...

and was going to get the HTC 8525 with the full data unlimited package and asked the sales person what the limit was on the data plan... She said there was no limit, however, i suspect she was incorrect and now reading the clause from the EULA, it would be a shame for me to spend that kind of money on a phone and then use the broadband 3g data plan service only to start getting messages from att/cingular that i'm either a bandwidth hog or i've violated the EULA. Then I would get my service canceled and now I'd be stuck with an expensive phone that i could use for all practicality...

why can't a provider just offer plain and simple services and be done with it... it's all just so convoluted...

JamesPC

join:2005-10-12
Orange, CA

lol...people defend the wireless carriers

Jokes on the consumer.

Lil Jon
Premium
join:2006-06-26
Lawrenceville, GA

Re: lol...people defend the wireless carriers

said by JamesPC See Profile :

Jokes on the consumer.
hahha that would be me.
stridr69

join:2003-05-19
San Luis Obispo, CA

Re: i went to a cingular/att store...

Which is why I went with T-Mobile's MDA(same phone as the 8525)with Total Internet(this includes T-Mobile's HotSpot service). Yeah, it's $29.00 a month, but I don't have to worry about caps-worth it for me.

batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
clubs:

It is the golden rule.

He who has the gold makes the rules.
ih Pets

join:2004-02-07

.

even with the non EVDO speeds, i imagine a user can rack up Gb's of content streaming through youtube, right?

GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL

Sprint...

Yea Sprint allows phone-as-modem but of course you have to sign up for another plan feature to be "allowed" to do that.

K.

owenhome
keeper of the magic blue smoke
Premium
join:2002-07-13
Wichita Falls, TX
·RoadRunner Cable
·AT&T Southwest

Give it time.

Eventually, you will see almost ALL 3g restrictions disappear.

What most people fail to understand is that the service was rolled out before the infrastructure to support it was complete. The restrictions were put into place to keep traffic light so it was accessible to a large number of subscribers. The service started out as a hodge-podge mess with very limited capacity. As they get further down the road with it and the service matures, it's capacity will be close to that of a land-line ISP. Many 3g towers could support only 1 user operating at full tilt when they first rolled out the service.

I doubt, however, that file sharing apps will ever be permitted. But you will find the service much more user friendly.
--
kg•m²/s²=m(299,792,458 m/s)²

Darkflight
3G Stitch626

join:2001-03-03
Rowland Heights, CA

Youtube over edge...

i have a feeling the streaming is going to be at a seriously reduced postage stamp rate to maintain some form of decent playback... look ma... my iPhone has a 5 inch screen... andplays youtube.... except the youtube video of me being silly is only 1 inch big...
--
Darkflight- PCS Vision- Way of the future. STOP THE RIAA before they ruin another 12 year old's FUTURE!!!
Forums » iPhone YouTube Deal Violates AT&T EULA?


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