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  1. pruss's Avatar
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       #1  
    The Sprint TOS prohibits use of a Treo as a modem, unless one signs up for one of their $40+ phone as modem plans. Does anyone know what the definition of using a phone as a modem is? Suppose I run proxy http server on my Treo, which hands requests received from the PC off to the wireless network, is that using a phone as modem? What if I have the phone fetch emails and then hand them off via BT to the PC (using some protocol or other)? Is that phone as modem?
  2. #2  
    "Phone as modem" would be using the Treo as the data connection for a PC (be it tethered or via BT DUN). Personally, I don't understand how that's different from using the Treo to directly access the web, but Sprint does. I realize there's a bandwidth issue, especially if someone were to use the Sprint network as their ISP, but occasional uses should be allowed IMHO.
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  3. pruss's Avatar
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       #3  
    Yeah, but what does it mean to use it as "the data connection"? If the Treo passes all packets from/to the PC to/from the wireless network, then it's clearly "phone as modem". But what if it just passes http requests, say?
  4. #4  
    if its passing http requests, its passing data and would still be phone as modem.
  5. kvcobra's Avatar
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    #5  
    Clearly we're all just speculating here so far, but...

    @ cavingjan: how does "passing data" equate to PAM? Last I checked, my Treo passes data in both directions as part of "normal" browsing activities.

    Again, pure speculation, but my understanding is that the "Sprint audit flag" gets triggered by either huge transfer volume (which may be defensible), or straight-out tethering without appropriate "cloaking" measures.
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  6. pruss's Avatar
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       #6  
    Presumably, it wouldn't count as disallowed tethering to have VersaMail download email from one's email server, and then for the PC to copy the email from VersaMail. I am just wondering what loopholes there are. :-)
  7. #7  
    Simple: human interaction. If the data is passed from the cell provider to your computer without any interaction from the user. If you were to download a file onto your treo and then sync that file to the computer, it wouldn't be PAM. If you have it pass directly through without any steps on that data by the user, you are into PAM territory.

    The only way to get a true and good answer is to direcctly ask your cell provider.
  8. #8  
    I think your service provider will just use scare tactics to prevent you from tethering. for Canada, Telus 'systems' cannot differentiate between tethered vs non-tethered connections.
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  9. pruss's Avatar
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       #9  
    It's not a question of whether one gets caught. It's a question of honestly abiding by the contract that one has freely agreed to.
    IANAL, but it seems to me that the cell provider lacks any special authority to define the terms in the contract. A contract is between two sides, who are equally bound by it. Neither side has special authority to define the terms in the contract, unless the contract itself bestows that authority on the side. Thus, unless the contract gives Sprint (in my case) the authority to define what it is to use a phone as a modem, and unless "phone as a modem" is a standard technical term of art (I don't think it is), all that I am legally (and morally, I guess) bound to is not to use a phone as a modem in the sense in which the ordinary person, when appropriately technologically informed, would take these words to mean. Hence the opinions of people on this board are as relevant as those of Sprint. But, again, I am no lawyer.

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