AT&T Loses Its Mind with New TOS [Updated]
In what seems like pure insanity to the average person with an iPhone, AT&T changed its Wireless Data Service Terms and Conditions to include a clause that prohibits apps like the upcoming SlingPlayer Mobile for iPhone.
The new terms outline AT&T's new prohibited data usage on the company's Plan Terms page. Here are the changes added to the terms of the wireless data service. Items we think will be in iPhone owners' interest are in bold.
Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; (ii) as a substitute or backup for private lines, landlines or full-time or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet-based resources, including "denial of service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; (vii) software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T's data retry requirements, which may be changed from time to time. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services, customer initiated redirection of television or other video or audio signals via any technology from a fixed location to a mobile device, web broadcasting, and/or for the operation of servers, telemetry devices and/or Supervisory Control and Data Acquisition devices is prohibited. Furthermore, plans (unless specifically designated for tethering usage) 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 Personal Computers (including without limitation, laptops), or other equipment for any purpose.
It seems that AT&T has media streaming apps in the no-fly zone of prohibited apps. In addition to the forthcoming SlingPlayer Mobile app being prohibited for its "redirection of television or other video or audio signals via any technology from a fixed location to a mobile device," Mac|Life staff favorite Simplify Media also seems to run afoul of the new terms.
We're also concerned that Pandora could be a no-no with its ability to "maintain continuous active internet connections when a computer's connection would otherwise be idle..." There is a whole host of apps this could potentially hurt.
Robb Topolski over at Public Knowledge, the person that shared AT&T's TOS changes with the Internet, believes this may have to do with the bad press AT&T garnered when it charged an AT&T wireless internet subscriber $28,000 to watch a football game with the service. It turns out the customer was in Miami and not out to sea, which would have justified the world's most expensive football experience. With the new TOS, the football game streaming would have been prohibited outright.
Whatever the reasoning, AT&T isn't making any new friends today.
UPDATE: AT&T has reversed its decision to change its terms. We can continue our media streaming ways. Horray for the Internet.
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May 01, 2009 at 7:38am
burun estetigiI was looking through AT&T's TOS to find that clause. I coudn't find it. It's ok because AT&T changed their minds. Huzzah!estetik
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M_is4Macintosh
April 03, 2009 at 3:38pm
AT&T has been the only reason that I haven't bought an iPhone for the last year. The price with a contract is perfectly reasonable for such a fantastic phone, but AT&T's service isn't worth the ridiculously high price tag they have on their plans. And why is texting separate from a data plan? Ridiculous. But this new TOS is just the icing on the cake. Hopefully there will be the chance to buy the next iPhones without a contract, because that's the only way I would buy one at this point.And jeremy11, you should have 30 days from when they make a contract change to cancel your service with AT&T without any fees. I would call customer service to make sure, just in case.
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April 03, 2009 at 2:20pm
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jeremy11
April 03, 2009 at 2:06pm
With a new TOS does that mean that we as customers are able to cancel our commitments with AT&T without an early termination fee since AT&T is changing the contract that was entered in at the time I signed up?
Anyone know? I do a lot of streaming using Pandora and other apps. Wonder what Apple thinks about this restriction on their device.
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April 03, 2009 at 3:29pm
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April 03, 2009 at 12:30pm
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dwl2nyc
April 03, 2009 at 12:03pm
If this is accurate and sticks, I'll be selling my iPhone on ebay and moving to another carrier. This business philosophy is not keeping with Apple, or it's ideas of innovation. This throws cold water on the upcoming 3.0 as it seemingly restricts the capabilities of the hardware and OS. AT&T will cost Apple their market gains by the end of the day.
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