I am not trying to justify it at all. The policies would have to be changed to take away this problem.
I think that they can bring anyone to court and scare them into a settlement. But making a tethering app and publishing it is not illegal by my judgment. If the service provider contacted the dev first, issued a C&D because they believe the app was being used to steal service, and then the dev told them to screw off, then yes... there would be no legal recourse. This debate is rather pointless, because there is no section of my plan aimed to convince the carriers that tethering without a plan is legal.
{{ WugFresh }}
It's not a question of scaring them into a settlement. if you truly believe that you're correct, why would you be scared into a settlement? trust me, if you're foolish enough to bring it to trial they'll happily go along knowing full well you're going to lose. offering a settlement is a favor to you, not them trembling in their boots wondering whether or not they'll actually win...the only "gray area" if any is that you know that what you're doing is wrong and the whole "i dont believe i'm wrong" is just a way to convince yourself that you're not doing anything wrong.
it is a completely useless debate, absolutely, just remember that you were the one that got it going with the whole "providing the means doesnt make you wrong" argument...clearly, that's not the case.
"by your judgment" means nothing, to anyone. not an insult, but it's true. that's like me saying "drugs should be legal by my judgment"...it's just a baseless statement with no foundation or point whatsoever. it's illegal, no matter how you want to spin it. and if you're providing the way for someone to do something illegal, you're just as responsible as the next person. and like i said, it's not like the devs are not tethering. like they're just innocent suppliers of tethering apps and are flabbergasted and shocked that people are tethering with the apps they provided...
i hope this useless argument makes you realize, at the very least, that there is no incentive for carriers to do any of the things your suggesting, especially when you are still not admitting that tethering is wrong, and are still arguing that it may or may not be justifiable (even if you say your plan doesn't include trying to convince carriers of that). if you want to forge change, the devs and the users need to take responsibility for the things they've done and not try to say that they're not doing anything wrong. if the dev community consisted of people just supplying ROMs and themes, itd be far easier to convince carriers. that's not the case. the dev community consists of people teaching others how to circumvent and violate the TOS and signed contracts, steal service, circumvent throttling (LOL), and users who worship these devs and refuse to admit that they're doing these things and think they are entitled to do whatever they want because (1) data is data, (2) it's my phone and i paid for it and can do whatever i want, and (3) open source!!! FTW!!!!