I just learned today from my lawyer that I was not going to be prosecuted by Road Runner for uncapping my modem. Yep you heard it right.
the story goes like this :
A few months ago I found a way to uncap my motorola cable modem. I had heard that it was impossible to do as everything was handled at the head end. Well this is true it is all handeled at the head end, however there is a hidden diagnostic mode in the motorola modem that motorola can access from on line if need be. In this diagnostic mode there is a setting that allows the motorola people to over ride any control from outside the modem - it however does this constantly in this special mode and allows proper modem functioning at the same time. Motorola accesses this mode thru a telnet type session. this session can be captured if you sniff the session with network software designed for this. this capture takes a little decoding but gives up the codes needed to turn this diagnostic mode on. I discovered this by accident when I called motorola tech support for a problem with something else. I just happened to mention to the tech that was helping me that "my other computer was on line with a cable motorola cable modem. While he was waiting for something else we had a short conversation , he asked "Hows that modem working for you, I have one too." I said It works ok I guess but...",,,he said "I can take a look at it for you if you want", I said No , I'll have to send it to you guys, besides it really belongs to the cable company." He said " Oh no, I can look at it from here. " . Of course I get this erie feeling but say ok. I have a home network and just happen to have been running some software that sniffs the network while doing some testing. So I have the sniffer running and he takes a look at the modem. Said he didn't see anything wrong. I get my other problem solved with motorola and say good by and thanks.
A few days later I get around to looking at the sniffer logs and I see the session from motorola, Now the lightbulb in my brain comes on. I study the log for a good two hours and decide to try a few codes from it. Lo and behold - This thing now d/l's at 1.2 MB sec and uploads at 500 K sec. Previously my d/l's were averaging 500 - 800 k/s which isn't too shabby, but the u/l max was 25 k/sec which is about normal for road runner cable. So anyway I run the cable modem in this special configuration for a couple months. Come home one day to find that i've been disconnected. I call about it and am told that I was disconnected for theft of service and refered to the legal department for further information. So I call legal and am told that they plan to prosecute.
Anyway about a week later I am served with a summons. I call my sister (she's the lawyer) and explain everything to her. Little hint here that I have learned from my sister - always tell your lawyer everything. Anyway she contacts Road Runner, they will not drop the prosecution they say because they feel that I should be made an example. I get to court. My sister makes the argument that the road runner literature that was used to sell the service , which becomes part of the contract, points out the "speeds up to..." statement as a selling point, that I bought the service, have paid the bill religiously, and was mearly excercising my rights under the original contract when I bought the Road Runner service. Road Runner and prosecutor points out that while the original selling point may have been considered part of the contract that to take something that is not clearly given in the contract is illegal and constitutes theft of service. case is continued while the judge ponders this.
Went back to court today and got the judges decision - Ruling : Not Guilty
Road Runner objected - prosecutor objected - Why ?
Judge says " The defendant excercised his rights under the contract as implied by the literature used to sell the service, and the literature that sold the service became part of the contract. While the literature does not specify any certain speed it also does not specify any certain limit other than the one theoricaly possible. The defendant did nothing but attempt to utilize the full extent of the service that he was sold. This does not constitute theft. Not Guilty. the defendant is released."
The judge then ordered Road Runner to turn the service back on. Road Runner refused, but this afternoon my service was back on when I got home after court, and i'm running again un-capped.
End of story - happy ending
So the moral of the story is this : If you run un-capped they will probably arrest you. But there is a way to beat it. Plain and simple I guess, Kids - dont try this at home, cause it is a big hassle.
P.S. Forgot this part. I did get arrested when I got the summons - kinda embarrasing- had to post bail. Only time in my life that I have ever talked with a police officer other than a traffic ticket.
[This message has been edited by Violent (edited 07-05-2000).]
[This message has been edited by Violent (edited 07-05-2000).]
