Great response. Why are you here then? To just spout off your opinions and to expect us to accept them as law? I'm here to engage in conversation and to learn things from others. That's the point of these forums.
No, I'm letting the OP know what the law is and what his legal protections are under the law. In contrast, you're the one spouting off opinions about how everyone should act ethically, and expecting us to accept them like some unwritten commandment. I think it's ironic that you use the word "law". Obviously, the law is something you're not familiar with or you choose to ignore.
It wasn't AT&T's choice to send him the unordered iPhone. It was an accident.
I don't think it was ever established that it was an accident. And yes, it was their choice to send him the iPhone. It was their choice to be careless in case it was an accident.
Keeping something that doesn't belong to you when you know who it belongs to is stealing.
"(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit
without any obligation whatsoever to the sender."
According to Title 39, United States Code, Section 3009 (again something that you choose to ignore for God knows what reason), the iPhone no longer belongs to AT&T or Apple. It belongs to the OP. It is impossible for the OP to steal something that belongs to him. He has no ethical, moral, religious, or whatever, obligation to the sender.
I don't live in a fantasy world. I just try to treat others as I would like to be treated. If I accidentally sent someone something, I would hope they would at least try to return it to me.
As soon as ATT treats their customers with more respect by fixing their poor coverage and network capacity, I would be more than happy to return the favor.
Both matter. One just has more apparent consequences than the other.
Ethics do matter. But I don't think this is a situation that has anything to do with ethics. So again, we agree to disagree.
Um, okay. Cancel your contract if you don't like it. My service experience differs from yours.
Great, but some people like the iPhone and are forced to use AT&T because of it. I think AT&T is taking advantage of this relationship. Canceling the contract would adversely affect anyone trying to use the iPhone in the US.
I don't think that the OP is a bad person. I've never said or implied anything like that. Where are you getting this stuff?
You are basically insinuating that anyone who chooses to keep the iPhone is ethically wrong (i.e. a bad person). That is the whole crux of your argument. I on the other hand am arguing that keeping the iPhone has no bearing on whether the person is ethically good or bad.
Regardless of whose side the law is on, don't you think that if the OP wants to keep it he should follow the directions that the FTC recommends? Especially since it will protect him from a future hassle.
It is up to the OP to decide what he wants to do. He may or may not be hassled in the future, but the whole point of my argument is that the OP is not wrong in keeping the iPhone. I was informing him of his rights under the law.
This horse died a few pages back.
Finally, something we can agree on.