Un-capping. Legal or illegal, what do you think?

[azambuja]

Hey guys. First of, I don't even know if this is a topic worth discussing. If it's not, just say so politely, no flames please. Second of, for those who don't know, un-capping is removing a download/upload artificial speed limit, or cap, from your cable modem, in order to have a theorical illimited speed.
So, no matter what you've read, I am convinced that it can be done, specially because realiable sources have report people being arrested or banned from servers for doing it.
And althought I wouldn't do it myself - because I concluded (not based on any facts or anything) that the likelyhood is I'd get caught - I'd like to discuss whether or not it is legal or illegal.
I've seen a person on comment somewhere that it is not quite illegal, it's a grey area of law. Oh, one more think, before I go on, the most popular method of un-capping, without getting into details, doesn't involve any physical changes on the cable modem itself (in the sense that you don't have to open it).
So, finally, why would it be illegal (I belive the people caught using it where charged with 'theft or service'? After all, you're changing something in the cable modem - a piece of hardware you own (at least, I believe I do) -, without opening it, as most service providers require, and as a consequence of that, you get more bandwith, 'service' you did not request but is being provided to you. Yes, also as a consequence other people will be losing bandwith, but that's exclusively a problem between the service provider and the other clients. If they can't guarantee the minimum speeds they sell, that's their problem, your just hunting for your share, screw everybody else. It's how the capitalist world rolls, isn't it?

Legal advice would be appreciated.

Thanks for your time everyone.

[j79zlr]

It is illegal, and it is a violation of your TOS with your ISP.

[Pafnoutios]

I don't think it's illegal, but should be a breach of contract, if your cable provider had even a halfway decent lawyer review the service agreement you signed. As a civil infraction, and not criminal, you could be suspended service and they could sue you. I don't think you could be arrested.

Out of curiosity, what is the procedure for that?

[hard candy]

This article/editorial (http://www.speedguide.net/read_articles.php?id=110) will explain a lot.
I know for dsl, I believe for bellsouth.net the speed is set on the server, so unless you can bypass the server you are out of luck. For cable, eventually you use up bandwidth and then have a reduced rate for the remainder of the month. Plus the fear of being cut off by the ISP.

[bwkaz]

Originally posted by Pafnoutios
Out of curiosity, what is the procedure for that? Nobody had better answer this question.

As an answer would allow a violation of the terms of service of many many people, the company that owns JustLinux will not want to propagate that information, I'm sure. Therefore, any answers that do get posted will be removed.

Thank you for understanding.

[sharth]

Also, with cable modems, as you use more bandwidth, you ruin the connection of those around you (generally just like your development or so...) since you are hogging more of the line.

but thats just from random reading. I've heard of uncapping before, never tried it though...

But yeah, it would violate your TOS and is generally just stupid imo...

[azambuja]

Oh yeah, I figured it'd be a violation of the TOS if your cable provider has - as Pafnoutios put it - a halfway decent lawyer. And it's quite obvious your cable provider would ban you in case they find out, which, most likely, they would.
What I wanted to know is if it could be perceived as a criminal act (in another words, if you could get sued for it). The only answer so far came from Pafnoutios, who said he thinks it probably isn't illegal.

As to what how it's done, I don't think talking at theorical level and for educational purposes would be illegal, but just to be on the safe side, let's not talk about that here.

Thanks again,
Fernando Azambuja

[mdwatts]

Originally posted by azambuja

What I wanted to know is if it could be perceived as a criminal act (in another words, if you could get sued for it). The only answer so far came from Pafnoutios, who said he thinks it probably isn't illegal.


It would be the same as stealing cable/satellite signals as you could be prosecuted as many already have.

[XavierP]

Originally posted by mdwatts
It would be the same as stealing cable/satellite signals as you could be prosecuted as many already have.

I agree. You have paid for a certain maximum download speed, it is probably specified as such in your contract with your provider. By increasing your speed to a (theoretical) unlimited speed, you are clearly violating your TOS and that contract.

Normally, if your provider allows a greater speed, they will offer it as an upgrade. So, in summary, by increasing your speed you are taking bandwidth away from other paying customers, breaking the terms of your contract and taking money from your provider.

But, IANAL, so what do I know? :)

[knute]

From what was stated, I'm guessing that it involves some sort of flashing of an eeprom in the modem to reprogram it. That would be considered modifying the hardware.

The way that they can place such a restriction on you, is in the contract that you sign. You are agreeing with them that you will use only this much. That's why they require the mac address of the modem that is being used. By playing with that mac address (again, another assumption, because I don't know how it's done) you are telling their systems that you are an unauthorized user, and is therefore breaking the contract that was signed (which includes the mac).

HTH

[bwkaz]

From the link hard candy posted:

It would be easier if "uncapping" were simply a myth end to end, then I wouldn't have to explain all this. Point is still the same though. If you have DOCSIS, you get what you pay for. Stop trying to steal from your neighbors, they'll be happier and you'll be happier. And you won't have to go to court on 'theft of service' or possibly Federal equipment tampering charges. Now maybe it's just me, but theft of service sounds pretty much like theft, which is definitely illegal. Equipment tampering, I'm not so sure about.

If, somehow, you don't get charged in criminal court, you will definitely be sued in civil court. Even if it's not illegal (which I highly doubt; stealing is illegal), you'll be paying some hefty damages, court costs, and whatnot else...

[mdwatts]

Speaking of *cough* higher upload/download cablemodem speeds, I should have my 'super' high speed tomorrow morning.


Introducing Rogers Hi-Speed Internet Extreme.
Up to 66% faster. Same monthly rate.

No matter how fast you're going, part of you always wonders if you could go faster. That's why we've created Rogers Hi-Speed Internet Extreme: a new service that allows you to download at speeds of up to 5 Mbps - up to 66% faster than Rogers Hi-Speed Internet. And upload speeds are up to 100% faster!


Would have had it today, but after dropping off my car for the damn government emission test (before you can renew your license plate sticker), I walked over to the Rogers retail outlet to purchase the new high speed cablemodem (and to get the HDTV/digital cable terminal) and found they required photoID of which I had left my wallet at home. So it'll be tomorrow morning after I pick up the car.

Zoom zoom zoom

:)

[cybertron]

Originally posted by bwkaz
Nobody had better answer this question.

As an answer would allow a violation of the terms of service of many many people, the company that owns JustLinux will not want to propagate that information, I'm sure. Therefore, any answers that do get posted will be removed.

Thank you for understanding.

Would this answer be okay?

# rm -rf /


You won't have to worry about your internet speed anymore:)

BTW, for anyone who reads this and doesn't know, don't run that command:eek:

[shakin]

Originally posted by mdwatts
Speaking of *cough* higher upload/download cablemodem speeds, I should have my 'super' high speed tomorrow morning.

quote:
Introducing Rogers Hi-Speed Internet Extreme.
Up to 66% faster. Same monthly rate.

No matter how fast you're going, part of you always wonders if you could go faster. That's why we've created Rogers Hi-Speed Internet Extreme: a new service that allows you to download at speeds of up to 5 Mbps - up to 66% faster than Rogers Hi-Speed Internet. And upload speeds are up to 100% faster!

When I moved from Mississauga to Burlington (near Toronto, for those unfamiliar) I had to switch my ISP from Rogers to Cogeco. Cogeco's regular plan has been at 5mbps download for a long time and their upload is at 640kbps. Their premium package is at 10Mbps/1Mbps, but costs a bit more. Cogeco is smaller than Rogers, but everything about their service is far superior.

To stay on subject, I did manage to uncap my Rogers Motorola cable modem about five years ago. It was fun for a day or so, but I really didn't see enough gain in my everyday work to make it worth the risk of losing my service. ISPs find this stuff out right away and you will get caught if you keep in uncapped for very long.

[roamingnomad]

Originally posted by azambuja
What I wanted to know is if it could be perceived as a criminal act (in another words, if you could get sued for it). The only answer so far came from Pafnoutios, who said he thinks it probably isn't illegal.

"This is America. Anyone can sue anyone for anything.";)

[bwkaz]

Originally posted by cybertron
Would this answer be okay?
# rm -rf / BTW, for anyone who reads this and doesn't know, don't run that command:eek: Without that disclaimer, definitely not... ;)

[bburton]

Originally posted by bwkaz
Nobody had better answer this question.

As an answer would allow a violation of the terms of service of many many people, the company that owns JustLinux will not want to propagate that information, I'm sure. Therefore, any answers that do get posted will be removed.

Thank you for understanding.

Wow, so much for freedom of information...

[Hayl]

Originally posted by bburton
Wow, so much for freedom of information...

Refer to the Acceptable Use Policy (AUP) (http://www.jupitermedia.com/corporate/privacy/aup.html), which you agreed to when you signed up to your account. If you disagreed with it when you signed up then you should not have created your account.

[bwkaz]

It has nothing to do with "freedom". It has everything to do with the liability of the people that pay for this site to stay operational, and the (associated) AUP that everyone here has agreed to abide by.

And just in case, the appropriate list-item from the aforementioned AUP:

You will not use these Forums for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems. Relevant text is in bold.

The "unlawful" part is what's being questioned in this thread, but I'm fairly sure that "theft of service" is unlawful.

[azambuja]

Thanks for all the answers guys. I really appreciate it.

On a sidenote: do you any of you with cable or xDSL have any Transfer Limits? (e.g. you can only upload/download 1GB). Sorry people with 56kb modems, but seeing the people on this topic brag about theirs cable/dsl speeds makes my wanna say: it sucks having to live with 256kbits/s and being subjected to transfer limits (which, thank god, my cable provider doesn't charge - yet).

Thanks again,
Fernando Azambuja