Re: ATT suggests heavy data users overloading cell sites, must stop or pay?

[David Farber <dave () farber net>]

Begin forwarded message:

Bob,

You actually read the agreement!  I refrain from doing so for a couple
of reasons;   First, IANAL and I don't think that I can properly interpret the
terms of the agreement.  There is a close correspondence to the
English language, but its not identical.  Second, whatever I do understand,
or think I understand, in these agreements makes me want to throw up.
Again, IANAL, and I understand that legal, ethical and moral are all
separate concepts,  but I find it hard to reconcile my understanding of
right and wrong with current practice.  Who really thinks that they have
any practical choice wrt click through agreements?  Perhaps future
generations will reconsider this practice and replace it with something
reasonable for both sides of the agreement.  I'm embarrassed that my
generation has developed, deployed and accepted this way of doing
business.  Of course, some will respond, "But everyone does it this
way.".  My point exactly.

For the record I have no expectation of suing or being sued over the
terms of the AT&T agreement, nor do I have much expectation that
I will have any influence over what policies that they adopt however
they may affect me.  My comments were intended to make the point
that they sold me unlimited service and that they have a different
definition of unlimited than Webster and the rest of us use.



        Cheers,


                ......Sid


P.S.  Dave:  OK for IP,  but probably not worth it.






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> From: Dave Farber <dave () farber net>
> To: "ip" <ip () v2 listbox com>
> Subject: [IP] re  ATT suggests heavy data users overloading cell sites, must
>  stop  or pay?
> Date: Sun, 13 Dec 2009 11:31:27 -0500
> Reply-To: dave () farber net
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> Begin forwarded message:
> > From: Bob Torres <rjt () rjtorres org>
> > Date: December 13, 2009 10:58:10 AM EST
> > To: "dave () farber net" <dave () farber net>
> > Subject: RE: [IP] re  ATT suggests heavy data users overloading cell sites, must stop  or pay?
> > Just a quick (and possibly OT) observation to share with IP, if you want:
> >  
> > In the snippet below, Sid Karin suggested that AT&T would lose in court if the matter of their so-called "unlimited" 
> > plan were to be heard. I have no idea if that is the case, but if Mr. Karin has a contract with AT&T that is like 
> > mine, he would have already contracted away his rights to sue in anything except small claims court. My contract 
> > with AT&T includes a mandatory arbitration clause that specifies that I "agree to arbitrate all disputes and claims" 
> > (emphasis original) between me and AT&T.  In addition, I also do not have the right to be part of a class action. 
> > Most of you with AT&T probably have agreed to the same.
> >  
> > The whole of the agreement is here if you have not had your recommended daily allowance of fine print today:
> >  
> > http://www.wireless.att.com/cell-phone-service/legal/service-agreement.jsp?q_termsKey=postpaidServiceAgreement&q_termsName=Service+Agreement
> >
> >  
> > Bob Torres
> >  
> > Yes, I'm sure that they are correct about the fine print in the
> > contract that no one reads.   I'm also certain that the contract
> > does not reflect the unlimited data that they advertise.  I suspect
> > that they would lose in court.  I am certain that they should.
> Archives  


-- 
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
     Sidney Karin, Ph.D., P.E.        858-534-5075 (voice)
                                          858-755-5199 (fax)
                                              skarin () ucsd edu 
                                      
     Professor Emeritus,
     Department of Computer Science and Engineering
     Director Emeritus,
     San Diego Supercomputer Center
     University of California, San Diego                     
     9500 Gilman Drive                          
     La Jolla,  CA  92093-0505  

                       




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