free....some would argue it's stealing a service....
I completely agree. I really do.
For example, with the blackberries, it is an offered service, so using the service and not paying for it, would be theft of service.
But we hit a slight problem. You see, phone as modem for htc evo is only packaged at hotspot, not usb with the htc. There is no option to get service with just usb. It is not packaged into the hotspot deal.
You can not steal what is not offered. Sprint has to make an honest effort to offer the service, if they do not then they can claim it has been stolen.
For example. If you stream movies from netflix over your internet connection, why cant comcast claim you are committing theft of service, because you are not using comcast cable? Because streaming netflix over your internet is considered different then cable television.
Now if comcast created a netflix like internet based cable, and then added to their terms of service stating that streaming videos is only allowed through their service, then it would be theft of service, they would also get slapped with an anti trust suit too.
Back to sprint.
But according to sprints contract,
Except with Phone-as-Modem plans, you may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device.
You are violating your terms of service by using the phone has a modem. But the problem with that is they does not offer a phone-as-modem plan for the htc evo. Only a hotspot, which is not the same.
So, even though you are legally bound by contract not to use the phone as a modem, and sprint would argue that you are stealing a service. Chances are they will just drop you as a customer if you get caught.