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Comments: 131 +-   Group Pushes FCC To Investigate Skype for iPhone on Friday April 03 2009, @05:12PM

Posted by ScuttleMonkey on Friday April 03 2009, @05:12PM
from the making-the-network-crumble-crumble dept.
communications
internet
Macworld is reporting that an internet advocacy group has asked the FCC to investigate whether the WiFi-only restriction on the Skype for iPhone app is in violation of federal law. "Since its release on Tuesday, Skype for iPhone has been downloaded more than a million times — that's a rate of six downloads a second, according to the company. All this despite the fact the software only works via the iPhone's Wi-Fi connection, and not AT&T's 3G network. [...] The letter cites the FCC's Internet Policy Statement (PDF link) which states that 'consumers are entitled to run applications and use services of their choice' in order to 'preserve and promote the open and interconnected nature of the public Internet.'"
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  • by MrEricSir (398214) on Friday April 03 2009, @05:17PM (#27452095) Homepage

    Not to sound jaded, but Slashdotters know the outcome of this already.

    • Considering how often consumer win these thing, I don't know who is going to win.

    • by Duradin (1261418) on Friday April 03 2009, @05:39PM (#27452333)

      AT&T and Apple decide it's not worth the legal rigamarole and pull the plug on the Skype app entirely?

      • Re: (Score:3, Interesting)

        If the FCC steps in, they may not be ABLE to pull it without incurring their wrath. The FCC DOES have teeth when motivated.

        • Re: (Score:3, Interesting)

          The FCC can't regulate what apps Apple makes available in their store. However, they might be able to force Apple to open the platform to other stores. Then again, Apple is free to kill the platform to prevent that (would they? could they be forced to if AT&T's contract demands of restrictions can't be met?).

          And if Apple gets off by saying a 3G network is not an Internet network but rather a digital telephony network through which the Internet can be tunneled, expect other providers like cable and DSL t

        • This isn't Apple's issue, this is the cell phone carriers in general (we have the same problem with Softbank here in Japan). Also, considering there are already other free applications in place that support not only Skype, but integrated multiple IM chat (Fring), I don't think Apple minds.

    • by erroneus (253617) on Friday April 03 2009, @06:23PM (#27452759) Homepage

      No no no no NO!

      I will hear no more of this nonsense! Apple and AT&T know what is best and we should just respect their superior wisdom. I know there are those out there who think that they should be able to use the products and services they pay for, but not at the expense of Apple's and AT&T's profit model! How un-American are you people?! You may pay for internet service, but that doesn't mean you can use it to get around their "nickel and dime"-ing your phone bill with added services like texting and the like.

      Apple provides the product and they should be able to tell you how you are allowed to use it.

      AT&T provides the service and they should be able to tell you what you are allowed to use it.

      • Yo iPhone guys! (Score:5, Insightful)

        by Mateo_LeFou (859634) on Friday April 03 2009, @07:38PM (#27453407) Homepage

        "Apple provides the product and they should be able to tell you how you are allowed to use it."

        Exactly. Read your EULA, or whatever the iPhone's equivalent is. You were pitched a locked-down device with a closed software stack, and you went "fine, whatever, as long as it Just Works(TM) you can do what you want."

        Now they're doing what they want -- leveraging the closed platform to shut out competition. And you're bitching.

          • Re: (Score:3, Insightful)

            <I>If nobody bought things that were locked down</I>

            Then there would be no DVDs, no microwaves, and no cordless phones -- generally there's no technical reason your new cordless POTS handset couldn't work with your existing base station, other than vendor lock-in. And sometimes it might be convenient to run the microwave with the door open, but it's locked down to prevent such use.

            But most people don't want to spend 20 minutes setting up the comm protocol and tuning the radio on their new handse
    • Yeah, if they intended to force cellphones to open up and work like the Internet, we'd only have data plans, and voip over them. One advantage is that we'd pay less for "silences" in a conversation. Mostly, you wouldn't pay more for voice, transmitted over gsm, than for voice over ip. SMS would also become MUCH cheaper...

  • by lymond01 (314120) on Friday April 03 2009, @05:17PM (#27452097)

    I...if this...orking or...an you he...ause I ca...ou...Wha...er...is...ucks.

  • by irtza (893217) on Friday April 03 2009, @05:18PM (#27452101) Homepage
    well, if the cellular network is not running on IP and requires a bridge, then technically this is not an issue. Does anyone know how software developers interact with the data stack on cell phones? Is it the same as the wifi stack with another device name given or does it have its own API?
    • by forand (530402) on Friday April 03 2009, @06:12PM (#27452643) Homepage
      Perhaps the issue is that AT&T sells us internet access (at least that is how it appears on my bill).
    • by vistic (556838) <corbyz.gmail@com> on Friday April 03 2009, @06:23PM (#27452745)

      Is the protocol what technically defines "the Internet"? Is IPv6 a new Internet?

      I would think it's a matter of being able to access data which is on the Internet, regardless of protocol.

      If you can normally access Internet-connected machines over their 3G network... such as accessing any website... then it's clear this is a restriction on Skype because they fear that it's competition.

      • I would think it's a matter of being able to access data which is on the Internet, regardless of protocol.

        So I'm entitled to run live streaming video over carrier pigeons and social networks?

        • So I'm entitled to run live streaming video over carrier pigeons and social networks?

          Do it with the twitter error page, and you can implement both protocols at the same time!

      • Re: (Score:3, Interesting)

        well, my main issue is that you can embed http or ftp content in non-TCP/IP packets and have it reconstructed into proper TCP/IP packets at the verizon end. This essentially allows them to declare their network "private" and their protocols proprietary thus making their software at the server end the only Internet connected portion of the communication.
        • by sortius_nod (1080919) on Friday April 03 2009, @06:24PM (#27452763)

          You are confusing TCP/IP with the term "public internet". The protocol is different to the concept. Public interconnected networks, no matter the protocol, seem to fall under this FCC Policy.

          On top of this, if you are serving up TCP/IP packets to the user but the technology in between is not TCP/IP, well, there is no difference as far as the user's perception. Add to this that interception of traffic goes against laws (at least where I live it is), and you've got a very strong case for knocking down any interference in the service.

          I've had a phone company here in Australia try to claim that internet traffic on a phone isn't internet traffic and therefore they didn't need to update the usage meter under ACMA (Australian Communications & Media Authority) regulations. After a year of the TIO (Telecommunications Industry Ombudsman) investigating I was advised I wasn't liable for the charges that were acrued due to their meter not updating. Their case of "it's data not internet" didn't wash. I'd like to see how a case like this goes in the US where you don't have consumer protection like we do in Australia.

          And no, I didn't have to pay any legal fees, or even turn up to any court hearings. The TIO investigates and refers the matter to the ACMA for enforcement. The company that did this was not only told to fix the usage meter, they were charged a minimum of AU$1500 for the case going to a level 3 investigation (which was much more than the amount they would have received from me).

        • Re: (Score:2, Informative)

          It's not whether the protocol is open or not that means a node is participating in the internet. It's about whether there's a router or not that converts their local network communication to TCP/IP communication and communicates with other hosts.

          You can be on an old Novell IPX/SPX network, and use pure IPX/SPX packets, if there's a machine that acts as a Proxy or Router, and converts those packets into IP packets, then you're definitely connected to the internet.

          Since the sockets API is basically the

  • "preserve and promote the open and interconnected nature of the public Internet."

    Someone missed their interweb for dummies class.

  • 3g Good enough? (Score:3, Informative)

    by supernatendo (1523947) on Friday April 03 2009, @05:27PM (#27452213)
    I don't think 3G is good enough whether or not it gives a public IP adress is besides the point... 3G can be expected to provide 384 kbit/s at or below pedestrian speeds, but only 128 kbit/s in a moving car...Thus making WiFi really the only viable way to do it in the first place. It's not so much them restricting it just to be evil...
    • Re:3g Good enough? (Score:5, Informative)

      by dunkelfalke (91624) <dunkelfalkeNO@SPAMspeznas.de> on Friday April 03 2009, @05:33PM (#27452281) Homepage

      skype works well enough on my windows mobile phone and umts. 128 kbit/s is plenty for speech, especially if compressed (euro isdn uses an uncompressed 64 kbit/s channel for speech and it is way better than analogue landline).

      • Re: (Score:3, Informative)

        You are referring to Europe's ISDN lines, which are not IP based they are using a digital signal over POTS, which explains the better voice clarity. IP packets are handled differently since there is much more going on at once.
    • Re: (Score:2, Interesting)

      by Anonymous Coward

      Funny you mention this because I just made a call a few hours ago with skype using the 3G from my (tethered) G1 phone and the call was crystal clear on both ends.

      If you have a G1 you can tether it with http://graha.ms/androidproxy/ [graha.ms] and use it with skype's proxy option.

    • Re: (Score:2, Informative)

      That's really all you need. 64 kilobits of voice (upstream) and 64 kilobytes downstream.

      You don't need high quality, you don't need a high bit rate for usable voice, you just need good latency characteristics.

      Also, Skype may not use it (at least not for free), but, with G.729 codec and the requisite compression, 8 Kilobits per second is enough, for a usable quality audio signal.

  • by Timothy Brownawell (627747) <tbrownaw@prjek.net> on Friday April 03 2009, @05:31PM (#27452255) Journal

    an internet advocacy group has asked the FCC to investigate whether the WiFi-only restriction on the Skype for iPhone app is in violation of federal law.

    If it is in violation (or rather, if AT&T's requirement that led to the software being restricted is in violation), wouldn't they already be having problems with their no-tethering rules for some data/internet plans?

    • If it is in violation ... wouldn't they already be having problems with their no-tethering rules ...?

      That comes apart into two issues:

      1) Wouldn't no-tethering rules also be in violation?

      IMHO: Yes.

      (If it's a bandwidth issue they should cap the sustained data rate in the plan and its pricing, not distinguish between the handset with crippled apps and an attached device that is likely to impose higher loads.)

      2) Wouldn't they already be having legal issues over them?

      Not necessarily. The affect

  • Some more links on MacRumors [macrumors.com]:
    "T-Mobile in Germany, however, threatened [macrumors.com] that it may take action to prevent its customers from using Skype on the iPhone. [...] Skype [appshopper.com] has proven to be massively popular on the iPhone and iPod Touch reaching over one million downloads [macrumors.com] in the first two days of availability."

  • not just skype...and that would be the wireless telcos policies and various restrictions (hardware and software) and additional fees, etc., surrounding tethering and data transfer in general terms. Bits are bits are bits, they shouldn't be allowed to charge "extra" for moving bits based on what the bits are doing, or if they are traveling through an additional legal device the consumer may own and use. Since when are there different flavor bits, like voice bits, text bits, some web page bits, or whatever? They are getting away with charging different fees for different things like that, when it is all just the same "bits" moving around.

    • Since when are there different flavor bits, like voice bits, text bits, some web page bits, or whatever?

      I don't mean to defend the phone company (especially AT&T), but there are legitimate reasons to differentiate between different bits, both for the cell company and the consumer.

      I want all my "voice" bits to have low latency, and high reliability. I don't mind if my web page loading pauses for a half second; but a half second pause in a conversation is less acceptable. They're both just bits. But most customers appreciate a distinction between the two.

      Now, the cell network is not an unlimited pipe. There are a certain number of bits which can go through it over a specified period of time. But, people have an almost unlimited capacity to use all available bandwidth. So, you have to find some way to ration that bandwidth, while still retaining the distinctions between different "flavors" of bits.

      AT&T has outright banned some activities on the iphone (tethering, 3G skype, 3G VOIP in general), as a way of rationing that limited bandwidth. They could also choose to implement price discrimination: charging customers more to tether, for example.

      But, ultimately, they have to find a way to bring the "bandwidth actually used" number to at or below the "bandwidth available" number. All the while respecting the expectations of the consumers regarding different "flavors" of bits.

      Now, you could just say, "To hell with it," and remove all caps and restrictions, making every bit equal. But, you'd lose customers as people get pissed at the terrible voice quality.

      • I would argue that bits are STILL bits.

        AT&T provides voice service over their GSM network, they do not provide VOIP over their 3g network. I am used to seeing half second pauses when loading pages (ok, I use verizon...*multi*second pauses) over 3G and at this point it doesn't bother me too much since I am still astounded that I am getting quick internet in my pocket (although when I was testing an AT&T blackberry, the network was much more responsive).

        Being familiar with my web browsing speeds,

      • Now, you could just say, "To hell with it," and remove all caps and restrictions, making every bit equal. But, you'd lose customers as people get pissed at the terrible voice quality.

        Or you could sell a plan that honors QoS tagging and includes a small (good for a VoIP connection) rate of high QoS packets - with high QoS packets exceeding the contracted rate demoted to "best effort". (And yes it's OK to rewrite the type-of-service field.)

        Then the limited-but-quality-sensitive VoIP (or whatever) stream(s) c

      • Re: (Score:3, Interesting)

        I understand that there is a difference between the QOS settings for voice and data. That makes sense. I don't think anyone is saying that they have to stop differentiating between voice and data, but if I choose to use my data connection to run VoiP (assuming I'm willing to put up with the increase in skipping, if there is one) or to tether to my laptop then that should be my decision to make, not theirs. They have no business even knowing what kind of software/hardware I'm using on my end of the wirele

  • hypocrites (Score:3, Informative)

    by nathan.fulton (1160807) on Friday April 03 2009, @05:47PM (#27452417) Homepage Journal
    'consumers are entitled to run applications and use services of their choice' in order to 'preserve and promote the open and interconnected nature of the public Internet.'"

    So AT&T/Apple get to create an effective monopoly by tabooing the use of the iPhone with other services, but their fanboys are up in arms when Skype provides a service that doesn't use 3G?

    If anything, consumers should be weary of 3G lock-in. Who cares if an app only works via wifi? Why the hell would you use voip on your phone if you are already paying for the phone connection? Isn't that antithetical to any reason consumers would prefer voip to more traditional solutions?
    • Re: (Score:2, Insightful)

      Because some calls (other skype users...) are completely free, with unlimited time.
    • Re:hypocrites (Score:5, Insightful)

      by garcia (6573) on Friday April 03 2009, @05:52PM (#27452473) Homepage

      Ahem. I am an iPhone user. I am not a fanboi. There are millions of other iPhone users just like me, you just don't hear from us over the high pitched whine that the minority of users put off.

      Just because I like owning an iPod and I feel that the iPhone has a superior browsing experience than any other mobile device out there does not mean that I defend the devices inadequacies to the death. In fact, I think the thing fucking sucks for doing much other than surfing the web and playing media. Thankfully that's what I use it for the most and thus it's fine for me. I put it into the same bucket as using Windows. The OS works and is supported very well. It has its faults and those faults suck but it does what I need it to do easily and it works well enough. *shrug*

      Please don't assume that just because a small portion of users of Foo rant and rave about its wonders that the rest of us are like that.

      • I think the thing fucking sucks for doing much other than surfing the web and playing media.

        I feel it's the other way around for my BlackBerry Curve 8330. It was a choice between the BB and iPhone. So I chose the superior business functionality that it provides. At least MP3 playback isn't so bad. :-/

      • Re: (Score:3, Insightful)

        In fact, I think the thing fucking sucks for doing much other than surfing the web and playing media.

        /boggle

        That's rather pathetic on Apple's part, then. You'd think that a device called the iPhone would be a good, y'know, phone.

  • Thank You (Score:3, Interesting)

    by MikeD83 (529104) on Friday April 03 2009, @05:53PM (#27452481)
    Maybe now consumers will actually get to use their devices. I have a Blackberry from Verizon and the ex parte filing addresses 1 of my concerns: tethering. If I pay for an unlimited data plan... why can't I tether?
    My second issue isn't mentioned but seems anti-consumer. Why can't I use the GPS on my Blackberry Pearl in Google Maps? I even pay for the stupid VZ Navigator software and Google Maps still can't use the GPS.
    • "Why can't I use the GPS on my Blackberry Pearl in Google Maps?"

      Is it possible that it's Google's choice? I know that the free version of Google Maps on my desktop computer does not support a USB-based GPS, but the "Pro" version of Google Maps does. Do they have a paid version?

    • Your cellular provider distinguishes between unlimited mobile device internet and laptop grade internet ( bad term but you get my meaning). A cell phone will have a much harder time 'wasting' bandwidth versus a full on PC with a full OS. Its a dubious distinction that will absolutely need to be adressed as the lines between a full-on computer and a mobile device continue to blur.

  • My guess is that if the FCC declares that Skype has to be allowed to work over 3G too, AT&T will force Apple to drop it from the App Store so people won't be able to use Skype even on WiFi.

    So...not really a win.

  • Unlimited Plan (Score:4, Insightful)

    I can certainly understand why AT&T doesn't want you to use Skype to circumvent using minutes if overage charges are their business model. However, they already grossly over charge on data, and many companies seem to be shifting to a $99.99 unlimited everything plan.

    Frankly, I think if you asked AT&T if they'd be happy if most of their customers paid $99.99 a month, they'd be thrilled, because it is vastly more than they pay now. And at the same time, if consumers have an unlimited everything plan, they why restrict how they use it? If they want to use Skype to call, as opposed to a normal phone call, then let them.

    Be the first company to have the smarts to enable your consumers, and watch consumers to flock to you.

    • Re: (Score:3, Insightful)

      by Anonymous Coward

      In this case, its a question of using the software they want with the hardware and service they are paying for.

      It would be similar to your aol internet access not allowing you to use hotmail or yahoo mail unless you use their portal.

    • It's probably a carrier limitation in that case. Apple restricted iTunes Music downloads to Wifi only until an update sometime last year. AT&T was probably concerned about load on their network from people downloading MP3s over 3G so they told Apple to hold off on the feature until the craze over the iPhone 3G settled down and they had a gauge of how much bandwidth was being used by their clients.
"Ubi non accusator, ibi non judex." (Where there is no police, there is no speed limit.) -- Roman Law, trans. Petr Beckmann (1971)