Just found this:
http://www.spiegel.de/netzwelt/netzpolitik/0,1518,723864,00.html (german)
Here ist a rough translation:
May individuals free their mobile phones software locks? Investigators in Göttingen identify against 600 customers have adopted for the help of a professional mobile phone knackers. The procedure could become a precedent.
Police Marcel Schoppe demonstrated amazing the investigators and prosecutors at the expert meeting Göttingen mobile unlock something for civil servants: the SIM lock was removed in two seconds, in two minutes an E plus phone became a T mobile phone. Fast, easy, successful: The live demonstration of manipulations on mobile phones at the middle of October did not miss its effect.
The methods to unlock mobile phones aren't really new here. New is that the police against private mobile phone owners determined liberating their devices from the restriction to a specific network or certain SIM cards.
Eight officials in so-called "team SIM" work since June alone in Göttingen. You determined to 600 retail customers.
Those affected have probably unlock their device of four suspects their mobile phone shops and housing were searched in June in Göttingen. The police accuses them to have "industrial illegally the SIM lock distance to mobile phones offered and conducted".
Public Prosecutor's Office has so far not charges brought the investigators believe that the mobile phone owners make punishable. The 600 investigation are violating the law against unfair competition and copyright law.
Charge brought the public prosecutor's Office never so far. It will probably only do that if a prospect of a conviction. The Göttinger procedures could become a precedent. Because so far the question whether a private cell phone Unlocker in Germany punishable is not exhaustive, is resolved by the courts.
The law of the investigators describes discovery group manager Oliver boy so: "A mobile phone buyer acquires title to the goods mobile." On the software on your mobile phone, the buyer has a right of use. The relevant offence varies depending on the used method to modify the software. "In particular the matters for intellectual property rights are important."
Boy counts as any criminal secret Hehlerei (§ 17 para 2 No. 2 UWG), commercial infringement (articles 106 para 1, 108 para 1 UrhG) and some possible offences under the Criminal Code (stalk data, deception in legal data processing, data change, computer fraud).
Discovery leader speaks of "a bouquet of offences fulfilled potentially in individual cases which are checked at the time" - a careful formulation. Because as a court assessed the thing, if there is ever to the prosecution, is open.
Some lawyers see the Göttinger procedure skeptical. Thomas Hoeren, judge and Professor for information, telecommunications and media law in Münster, explains: "Man stochert in fog, immature and confused." Importance of the note: any offences. "That still don't know what they consider as itself", explains the expert.
Commercial Unlocker make punishable listening anyway, provides no legal basis to prosecute individuals because of their phones unloading sperrens: "the legal position of individuals is clear: not punished who unlocked his mobile phone, for it."
Providers that unlocked is different sell devices. The German Federal Supreme Court decided in 2004 (case No.: I ZR 13 / 02), that a trader unlocked phones against the will of the manufacturer can offer. This violates the trademark rights according to the German Federal Supreme Court: it will be distributed a product under the brand name unlock so much changed either by that, is not the product originally offered.
What means this decision retail explains hearing: "This concerns only the commercial distribution of such modified devices." "This says out nothing about whether I should unlock private my phone." The question remains: when one is seen for example in eBay sales as "commercial scale". Who sells an unlocked phone, theoretically could apply in any action in court as a commercial provider.
The 600 Unlocker now in Göttingen investigation, have sold their devices but not - they wanted to use a different SIM card or maybe use mobile Internet abroad with the card of a foreign provider instead of paying five-digit sums due to higher roaming costs.
Final judgment against Privatentsperrer in Augsburg A decision from Augsburg could encourage the Göttinger prosecution despite the diffuse situation yet to prosecute: in may obtained the public prosecutor's Office Augsburg unlock an evidences against a private citizen, had their cell phones can. Final judgment: 600 euro fine for secret Hehlerei (§ 17 para 2 No. 2 UWG). The public prosecutor's Office may request an evidences if the case is not quite as hard. It expires then writing: the judge cannot come to a final judgment without oral hearing.
In Augsburg the sentenced person has accepted the evidences. Probably, he wanted to risk not higher costs. In this case, however, no general statement suggests that it is punishable in Germany to unlock his cell phone. Not every judge must follow the judgment of the District Court Augsburg.
Mobile providers hold back the German mobile phone provider holding back on the subject. Nobody will apparently suspected advised to sue their customers: E-plus some special devices with SIM lock blocks according only in relation to prepaid. This lock owners can also pick up, before the two-year commitment period expires - the costs but then. How much is the respective terms and conditions. To the question whether to do civil law against Unlocker unresponsive E-plus.
T-mobile says: If SIM / Netlock lock and unlock the Treaty terms are agreed, the distance without "a breach constitutes, which could establish contractual claims - in particular default-". Whether you do against individuals or commercial Unlocker, T-Mobile check each individual depending on "taking into account the significance of infringement and impact".
It is "not legal to remove SIM-lock or Netlock" according to Vodafone. Service providers who offer unlocking fee, you go against also civil law. Customers Vodafone "a right of termination reserves", since the unlock "breach of contract".
Even though is not yet clear whether charges will be brought to the Göttinger investigations show especially one: because there are hardly any judgments in matters of private unlock their customers threaten to searches at commercial unlock Sperrern investigations. Addressed to investigators about the Kundenkarteien come quickly if they tackle commercial Unlocker. So it was in the case of Augsburg and it could be in Göttingen.
http://www.spiegel.de/netzwelt/netzpolitik/0,1518,723864,00.html (german)
Here ist a rough translation:
May individuals free their mobile phones software locks? Investigators in Göttingen identify against 600 customers have adopted for the help of a professional mobile phone knackers. The procedure could become a precedent.
Police Marcel Schoppe demonstrated amazing the investigators and prosecutors at the expert meeting Göttingen mobile unlock something for civil servants: the SIM lock was removed in two seconds, in two minutes an E plus phone became a T mobile phone. Fast, easy, successful: The live demonstration of manipulations on mobile phones at the middle of October did not miss its effect.
The methods to unlock mobile phones aren't really new here. New is that the police against private mobile phone owners determined liberating their devices from the restriction to a specific network or certain SIM cards.
Eight officials in so-called "team SIM" work since June alone in Göttingen. You determined to 600 retail customers.
Those affected have probably unlock their device of four suspects their mobile phone shops and housing were searched in June in Göttingen. The police accuses them to have "industrial illegally the SIM lock distance to mobile phones offered and conducted".
Public Prosecutor's Office has so far not charges brought the investigators believe that the mobile phone owners make punishable. The 600 investigation are violating the law against unfair competition and copyright law.
Charge brought the public prosecutor's Office never so far. It will probably only do that if a prospect of a conviction. The Göttinger procedures could become a precedent. Because so far the question whether a private cell phone Unlocker in Germany punishable is not exhaustive, is resolved by the courts.
The law of the investigators describes discovery group manager Oliver boy so: "A mobile phone buyer acquires title to the goods mobile." On the software on your mobile phone, the buyer has a right of use. The relevant offence varies depending on the used method to modify the software. "In particular the matters for intellectual property rights are important."
Boy counts as any criminal secret Hehlerei (§ 17 para 2 No. 2 UWG), commercial infringement (articles 106 para 1, 108 para 1 UrhG) and some possible offences under the Criminal Code (stalk data, deception in legal data processing, data change, computer fraud).
Discovery leader speaks of "a bouquet of offences fulfilled potentially in individual cases which are checked at the time" - a careful formulation. Because as a court assessed the thing, if there is ever to the prosecution, is open.
Some lawyers see the Göttinger procedure skeptical. Thomas Hoeren, judge and Professor for information, telecommunications and media law in Münster, explains: "Man stochert in fog, immature and confused." Importance of the note: any offences. "That still don't know what they consider as itself", explains the expert.
Commercial Unlocker make punishable listening anyway, provides no legal basis to prosecute individuals because of their phones unloading sperrens: "the legal position of individuals is clear: not punished who unlocked his mobile phone, for it."
Providers that unlocked is different sell devices. The German Federal Supreme Court decided in 2004 (case No.: I ZR 13 / 02), that a trader unlocked phones against the will of the manufacturer can offer. This violates the trademark rights according to the German Federal Supreme Court: it will be distributed a product under the brand name unlock so much changed either by that, is not the product originally offered.
What means this decision retail explains hearing: "This concerns only the commercial distribution of such modified devices." "This says out nothing about whether I should unlock private my phone." The question remains: when one is seen for example in eBay sales as "commercial scale". Who sells an unlocked phone, theoretically could apply in any action in court as a commercial provider.
The 600 Unlocker now in Göttingen investigation, have sold their devices but not - they wanted to use a different SIM card or maybe use mobile Internet abroad with the card of a foreign provider instead of paying five-digit sums due to higher roaming costs.
Final judgment against Privatentsperrer in Augsburg A decision from Augsburg could encourage the Göttinger prosecution despite the diffuse situation yet to prosecute: in may obtained the public prosecutor's Office Augsburg unlock an evidences against a private citizen, had their cell phones can. Final judgment: 600 euro fine for secret Hehlerei (§ 17 para 2 No. 2 UWG). The public prosecutor's Office may request an evidences if the case is not quite as hard. It expires then writing: the judge cannot come to a final judgment without oral hearing.
In Augsburg the sentenced person has accepted the evidences. Probably, he wanted to risk not higher costs. In this case, however, no general statement suggests that it is punishable in Germany to unlock his cell phone. Not every judge must follow the judgment of the District Court Augsburg.
Mobile providers hold back the German mobile phone provider holding back on the subject. Nobody will apparently suspected advised to sue their customers: E-plus some special devices with SIM lock blocks according only in relation to prepaid. This lock owners can also pick up, before the two-year commitment period expires - the costs but then. How much is the respective terms and conditions. To the question whether to do civil law against Unlocker unresponsive E-plus.
T-mobile says: If SIM / Netlock lock and unlock the Treaty terms are agreed, the distance without "a breach constitutes, which could establish contractual claims - in particular default-". Whether you do against individuals or commercial Unlocker, T-Mobile check each individual depending on "taking into account the significance of infringement and impact".
It is "not legal to remove SIM-lock or Netlock" according to Vodafone. Service providers who offer unlocking fee, you go against also civil law. Customers Vodafone "a right of termination reserves", since the unlock "breach of contract".
Even though is not yet clear whether charges will be brought to the Göttinger investigations show especially one: because there are hardly any judgments in matters of private unlock their customers threaten to searches at commercial unlock Sperrern investigations. Addressed to investigators about the Kundenkarteien come quickly if they tackle commercial Unlocker. So it was in the case of Augsburg and it could be in Göttingen.