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Unauthorized Unlocking of New Mobile Phones Set to Become Illegal in U.S.

M

macUser2007

macrumors 68000
May 30, 2007
1,506
203
firewood said:
It may be your device, but AT&T and Apple still owns the copyrights to the software that run the radios....
Click to expand...

Apple also owns a whole bunch of rights relating to the hardware and the design of your iPhone.... This is absolute BS, which both the software industry and the media companies (with the backing of many bought and paid members of Congress) are trying to get the public to accept.

The main reason for the distinction between hardware and software is that hardware is governed by laws which are relatively firmed up and widely accepted. Software allowed corporations and their attorneys to spin a new concept in IP, with the aim of increasing profits by more efficiently milking the consumer. The publishers are trying to do exactly the same with ebooks.

You pay for the phone, it's yours to do as you please. You should be able able to legally jailbreak it, mod it, put pink and gold case on it, etc.. If any of these modifications cause a failure, Apple or the carrier may refuse to honor whatever warranty they provide, but that's about it.

DMCA is evil and only those directly benefiting from it, or complete dimwits, can honestly support it.
 
Small White Car

Small White Car

macrumors G4
Aug 29, 2006
10,966
1,463
Washington DC
macUser2007 said:
Uhm, your contract says you have to pay a certain amount each month to the carrier, or pay a termination penalty. The hardware is yours.

Why do you think your phone should be locked, as long as you continue to pay to the carrier what you agreed to pay them?

It'd be the same as if the bank which gave you your mortgage loan refuses to allow you to rent your house, or to allow your in-laws to move in -- it makes no sense. You are either being disingenuous, or just too used to being screwed to notice that there is a problem.
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Yes, this is extremely screwed up and it's wrong.

But I was talking about what the laws should be. You then pivoted the conversation to what AT&T should do. Of course my answer will change if you change the question. You can't take my answer from one subject and apply it to a different subject.

Just to make it clear:

1) The law should allow companies that buy you things to set terms differently than they do for people who buy their own things.

2) Competition amongst cellular carrier should be great enough that the companies have to enact fair policies to keep from losing customers. The fact that this doesn't happen is messed up and proves there's no real competition.


Those are 2 very different subjects.
 
blairh

blairh

macrumors 603
Dec 11, 2007
5,830
4,100
I bought my AT&T iPhone 5 on launch day. I learned that the Verizon iPhone 5 was GSM unlocked right around the time my return window had closed. Also, because of grandfathering I have a pretty fair monthly bill with AT&T and didn't want to jump ship to VZ.

At the same time I was really unhappy and frustrated that VZ iPhone 5 customers could use their phones in Europe with a local SIM card during travel and I could not. This really is unacceptable to me. Having to pay an upfront premium for this freedom when VZ customers have it already is just insane and absurdly unfair.
 
blackburn

blackburn

macrumors 6502a
Feb 16, 2010
974
0
Where Judas lost it's boots.
achtung! said:
but what's really sad in Portugal, is that most consumers don't know that if they bought an unlocked iPhone via apple store (web), it will just about the same price as buying a locked one in a store, locked to a carrier like Vodafone, TMN or Optimus. so it's pretty silly to buy a locked phone in Portugal nowadays. ;)
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Yeah but most only buy them trough operators under enterprise contracts. Almost nobody will drop 700€ just to get an iPhone (yet the companies end up paying more than the price).

Locking and branding phones should be ilegal, since long gone are the days that buying the phone locked would save some cash.
 
N

NorEaster

macrumors regular
Feb 14, 2012
239
23
Technarchy said:
Show me your title. Bet your ass you aren't the owner if you are making payments.

Don't like the unlock policy, pony up and pay in full and then the phone really is yours.
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I actually do have a title (just like others on this thread have also claimed) and it does show my name on it. So perhaps you should educate yourself on differences in auto ownership laws from state to state before you embarrass yourself.
 
Technarchy

Technarchy

macrumors 604
May 21, 2012
6,753
4,927
NorEaster said:
I actually do have a title (just like others on this thread have also claimed) and it does show my name on it. So perhaps you should educate yourself on differences in auto ownership laws from state to state before you embarrass yourself.
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If your car is not paid for, it's not yours. The terms of it being in your possession are conditional.

When you can't afford to pay for something outright, the other party that provides a portion of the funding has the ability to dictate terms.

Paying for something outright negates this concern completely.
 
0dev

0dev

macrumors 68040
Dec 22, 2009
3,947
24
127.0.0.1
America is insane and backwards for implementing such a law. In some European countries it's the other way around and it's illegal to lock phones in the first place. In the UK it's illegal for your network to not give you an unlock code for your locked phone. I guess the US cares more about massive corporations than their citizens, but hey, what else is new? :rolleyes:
 
sk1wbw

sk1wbw

Suspended
May 28, 2011
3,483
1,010
Williamsburg, Virginia
mrbrown said:
Actually, it is yours. It is subject to a lien, but you still have an ownership interest - you are still the owner, and you're the one who grants the lien.

Please take a course in security devices. :)
Click to expand...

Actually the way things are going these days, the AAA might declare that painting or adding a supercharger to your car to be illegal and may be a felony.
 
J

jdiamond

macrumors 6502a
Dec 17, 2008
699
535
So it's LEGAL to jail break your iPhone, but...

When Steve Jobs tried to stop people from jail breaking their iPhone and running whatever Apps they wanted, the Supreme Court backed the people and said, "it's their phone - they can use it however they want to!"

But unlocking a phone to use on a different network or country on vacation - suddenly that's illegal... That's the kind of feature Apple should back, since it adds so much value to an iPhone....

Dwalls90 said:
Just what the competitive telco landscape needs in the USA

/Sacrasm
Click to expand...
 
J

Jmajeremy

macrumors newbie
Mar 5, 2012
3
0
Canada
Wow, in Canada the law specifically states that we are allowed to unlock a phone and bring it to another provider. Once you own a phone, it's your property to do what you like with whether that's unlocking or throwing into the lake...
 
S

ssspinball

macrumors 6502
Aug 6, 2008
348
174
vartanarsen said:
This is the problem right there...you have false sense of entitlement that this is "your phone".....no its not your phone.

My phone, that I paid $650 for in the Apple Store, is my phone(or at least much more "my phone" than your phone is your phone)

You signed a contract to get it for $200. Your monthly payments are for Service, not the device. ATT helped you by paying $450 difference for the device...thus they get to do what they want.

If you didnt want that, you should have walked in the Apple store and paid $650 for it..like myself and others.
Click to expand...

You are quite mistaken, sir. Once that transaction has taken place it is MOST DEFINITELY the buyer's phone. This is not a lease/rental we are talking about here where you have to return the product when the contract is up. There's absolutely zero "false sense of entitlement" here and nice political talking point, btw. :rolleyes:

It is perfect legal to buy a phone on contract and turn around and sell it on ebay that same day. You are still bound by the contract to pay monthly of course for the next two years whether you have the phone or not.

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Small White Car said:
Because I had the chance to buy an iPhone unlocked and I decided to let AT&T pay for it for me instead. That's the trade-off. When I have a choice and I take the path that gives someone else leverage, that's what I get.
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No, the trade off is you are bound to pay the carrier for 2 years and can't leave without paying the ETF. The ETF is what covers the remaining subsidized cost of the phone.

There's nothing stopping you legally from selling a subsidized phone on ebay the same day you sign a contract. It's YOUR property at that point, not a lease or rental.

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lazard said:
AT&T sold it to you for $200 under the condition that you sign a two year contract and abide by their terms and conditions. If their T&C says that the phone is to remained locked for the length of the 2 yr contract, then who are you to complain. You sign their contract, you follow their rules.
Click to expand...

There's nothing in the T&Cs that state the phone must remain locked for the entirety of the contract.

You seem to have a very anti-consumer mindset and I'm not sure why.

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Small White Car said:
1) The law should allow companies that buy you things to set terms differently than they do for people who buy their own things.
Click to expand...
The law does allow this. That's why we have contracts that come with ETFs. The carrier is covered no matter what. Unlocking is a completely separate issue.

Small White Car said:
2) Competition amongst cellular carrier should be great enough that the companies have to enact fair policies to keep from losing customers. The fact that this doesn't happen is messed up and proves there's no real competition.
Click to expand...
Fully agree.
 
L

lazard

macrumors 68000
Jul 23, 2012
1,608
818
ssspinball said:
[/COLOR]

There's nothing in the T&Cs that state the phone must remain locked for the entirety of the contract.

You seem to have a very anti-consumer mindset and I'm not sure why.

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Click to expand...


If you bought a Device from AT&T, it may have been programmed with a SIM lock which will prevent it from operating with other compatible wireless telephone carriers’ services. If you wish to use this Device with the service of another wireless telephone carrier, you must enter a numeric Unlock Code to unlock the phone. AT&T will provide the Unlock Code upon request, provided that you meet certain criteria including, but not limited to the following: (a) your account has been active for at least sixty days and is in good standing (i.e. it has no past due amount or unpaid balance owed AT&T); (b) you have fulfilled your Service Commitment by expiration of any contractual term, upgrading to a new Device under AT&T’s standard or early upgrade policies, or payment of any applicable ETF; (c) your Device has not been reported lost or stolen; and (d) AT&T has the Unlock Code or can reasonably obtain it from the manufacturer. AT&T will unlock a maximum of five phones per account, per year. For Devices sold with a Prepaid Plan, AT&T will provide you with the Unlock Code upon request if you provide a detailed receipt or other proof of purchase of the phone and AT&T has the Unlock Code or can reasonably obtain it from the manufacturer. For further details on eligibility requirements and for assistance on obtaining the Unlock Code for your handset, please call 1-800-331-0500 or visit an AT&T company store.

http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp
 
X

Xiroteus

macrumors 65816
Mar 31, 2012
1,297
75
A read a bit on here, my only real thought is most will not care, if they can do something with no real way on anyone knowing they will.
 
O

oG $wank.

macrumors newbie
Feb 11, 2013
1
0
if you live in the us please sign and share this petition to be able to unlock your phone again

https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7

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mosesaro said:
If you live in the US sign and share this on your social network. Lets chaneg this law

Please sign and share this to be able to unlock your phones
https://petitions.whitehouse.gov/pe...ow-unlockingmodding-personal-devices/nVQ4H6pM
Click to expand...

https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7
 
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