Filed under: Odds and ends, iPhone, App Store, iPod touch
As if things aren't bad enough... AT&T terms change targets Sling
AT&T has quietly changed their TOS (terms of service; it looks like the revision is targeted directly at the Sling software that is due out for the iPhone, and also other Sling apps that are currently running on other mobile phones on the AT&T Network.Here's the nasty little section:
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.
They also added this language:
On the 5GB DataConnect Plan, once you exceed your 5GB allowance you will be automatically charged $0.00048 per Kb for any data used. On the 200MB Data Connect Plan, once you exceed your 200MB allowance, you will be automatically charged $10 for an additional 100MB. Unused data from either your initial allowance or any overage allowance (e.g., the 100MB) will not be carried over to the next billing period; all data allowances must be used in the billing period in which the allowance is provided. On other plans with a monthly megabyte or gigabyte allowance, once you exceed your allowance you will be automatically charged overage as specified in the applicable rate plan information.
This can't be good news for those using Sling or Orb software, or those who were expecting the iPhone app. Other carriers do have similar language, but in my old days on Verizon I was able to use the SlingPlayer software on a Windows Mobile phone without hassle or threats.
After everyone already got pretty mad at Sling for making older SlingPlayers obsolete for use with the iPhone app, AT&T can now be added to the roster of offenders.
A Sling spokesperson, Jay Tannenbaum, told me today via email: "The most cost effective way to enjoy streaming content on any phone is by taking advantage of an unlimited data plan, something that we suggest to all our users. If there is no data cap, there's no problem. That said, we try to have good relations with all the carriers and try to deliver the best quality experience within the constraints of bandwidth and technology."
This quote doesn't specifically address the TOS changes, but at least it's dialogue.
Here's a link to the new TOS from AT&T Wireless. It will be interesting to see how this all sorts itself out.
Thanks to Jason and others who pointed this out.
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Reader Comments (Page 1 of 3)
Justin said 3:07PM on 4-03-2009
"customer initiated redirection of television or other video or audio signals via any technology from a fixed location to a mobile device, "
Are you sure this is a TOS change? I'm fairly certain it was in there when I signed my contract a month ago when I switched from VZW to ATT to get an iPhone.
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munir said 3:09PM on 4-03-2009
you're right that similar language was already in the contract. however, they've just made it more explicit and targeted towards sling/orb
MJZimmer88 said 7:04PM on 4-03-2009
Okay... so AT&T is saying that Sling's not going to agree to make their app Wi-Fi only... so now the customers are going to only be allowed to use it in Wi-Fi.
I take it the CEO conversation with Skype went slightly more according to plan?
Can we call 2009 "the year of f*cking the customer" for technology?
lo_fye said 3:11PM on 4-03-2009
>>web broadcasting
This also directly targets "Qik", and other iPhone video broadcasting apps. Could make Apple angry, if the iPhone4 has video capabilities.
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Flaystus said 3:20PM on 4-03-2009
ISPs and Cell Phone providers are the biggest annoyances I face these days. Get a clue!
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JIm said 3:30PM on 4-03-2009
"web broadcasting"
If you go onto apple's keynote page on an iPhone, either 3g or edge, you can watch the web broadcast streaming in quicktime. Apple is apparently voiding their and at&t's own terms of service.
LEAVE SLINGPLAYER ALONE!
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poopslap said 3:32PM on 4-03-2009
Since they changed the TOS, could you get out of your AT&T contact with no penalties?
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Beanie said 3:39PM on 4-03-2009
I doubt it. That only really applies to materially adverse changes to a contract, say, a raise in TXT message fees, or a raise in the price of your data plan.
Tape said 3:37PM on 4-03-2009
what the hell is wrong with these donkeys? you're either selling bandwidth or you're not.
the amusing thing is that, of course, the phone providers love to advertise how their phones can do all kinds of awesome streaming video and music stuff, before you actually sign up and they tell you it's not allowed.
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Jon said 4:01PM on 4-03-2009
ISPs operate on the principle that not all of their users will be using the maximum bandwidth at the same time and so they tend to limit bandwidth-hungry apps for this reason. My ISP lowers my connection speed if I use too much data during peak periods.
Juaquin said 6:43PM on 4-03-2009
Congrats Jon, you've been punked. Just because they do it doesn't make it right.
I think it should be illegal to advertise unlimited data at a certain speed, and then say "oh wait, that's only XGB of data, and if you use too much we're actually going to limit the speed."
Zoob said 3:54PM on 4-03-2009
Doesn't Google Maps turn your iPhone into a telemetry device? Is Google Maps no longer allowed according to AT&T's new TOS?
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Mobile Phone Diva said 4:19PM on 4-03-2009
Good question about apps that have been ALLOWED. That may also include the App Store selling all those location based apps. What is AT&T going to tell iPhone customers? How is the Sling app going to work, BTW?
AT&T needs to clarify in more detail about what the deal is with apps already approved for use on their phones.
BeyondtheTech said 3:58PM on 4-03-2009
Perhaps it's just me, but if the price was reasonable and the usage was unrestricted, I'd rather pay by the gigabyte than pay a flat $30 monthly rate, then get bombarded with restrictions and limitations all over the place.
I've been averaging about 1GB of usage every month, which is a little less than I used to average when I had my first-gen iPhone. Mind you, we're all paying $30 a month instead of $20 (and I'm told 3G dumb phones are only at $10-15 a month!), so you can see how upsetting this whole idea is on how we can use the bandwidth.
Someone needs to call the Attorney General, FTC, BBB, hell, somebody, and get these carriers to stop using the word "unlimited." 5GB caps, and now prohibiting certain services and data transmissions - what's unlimited?
AT&T and Apple, get a clue, or this is the last iPhone (or last phone) on AT&T that I'm getting. I've got 7 lines with me - I moved all from Verizon when they announced the iPhone, I can move it again just as easily.
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Jason Martin said 4:14PM on 4-03-2009
By the letter of the law, doesn't this also effectively ban streaming audio apps as well, such as Pandora, AOL, Slacker, Public Radio, I Heart Radio, and the new MLB at Bat?
I can't imagine that'll fly.
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aldoushett said 4:15PM on 4-03-2009
Looks like Pandora and other internet radio apps are against the new TOC also. Didnt apple just announce there would be a streaming video api in iphone 3.0?
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Mystic said 4:22PM on 4-03-2009
Does this mean I can cancel my AT&T service now without a fee? I'm not going to, but if I wanted to could I?
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thezonie said 4:23PM on 4-03-2009
I am an iPhone developer with 2 apps that would have to be removed from the App Store if this was enforced as it is worded, along with many other apps out there.
http://skjm.com/icam/ and http://skjm.com/ivid/
I hope Apple is prepared to give everyone refunds, then! :p
Also, what about Apple's own YouTube iPhone app?
http://www.apple.com/iphone/features/youtube.html
It says explicitly: "Videos load fast over 3G or Wi-Fi."
Not for long?
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poopslap said 4:24PM on 4-03-2009
One thing I don't get is that they don't allow you download a podcast over 10megs but you can stream it through iTunes. Isn't streaming just downloading the file to a temp folder anyway? What's the difference? You are still using the bandwidth.
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Benny said 4:28PM on 4-03-2009
This is seriously insane! I got a SlingBox as a present this past Christmas, and have been waiting for this app for the iPhone for over 4 months. Now AT&T is preventing video streaming?!? Now they're practicly pushed away their customers (that want video streaming). If Apple allowed you to switch your iPhone to another service like Verizon, I would sooo switch! I don't mean to offend anyone who likes AT&T, but with my experience with them for about a year, they've been terrible! Anyways, I hope they don't keep they're TOS this way for long...
--Benny
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