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Mobile Phones Locked By DMCA

wellington map writes "A mobile phone company is arguing that companies that unlock their handsets violate the DMCA. They argue that the software on the phone is a copyrighted work, and the unlocker is breaking DRM in a way that violates the statutory prohibition on circumvention. A similar claim by Lexmark, which tried to apply it to people who refilled printer cartridges, has recently been rejected by the courts." From the Wired article: "The financial motive behind this claim is obvious. Companies have been using the razor blade business model to guarantee a steady stream of revenue ever since, well, the razor blade. Cell phone companies sell you a phone at a discount, and then make up the difference by requiring you to sign a multi-year contract promising to pay monthly fees for mobile phone service or to fork over a hefty termination penalty if you break the deal. But many customers, particularly those who travel internationally, want more choice."

255 comments

  1. Another BoingBoing story... by TripMaster+Monkey · · Score: 5, Informative


    Story lifted directly from BoingBoing. Even the quote from Wired was lifted directly from the BoingBoing story.

    See the BoingBoing story here.

    As for the 'razor blade' argument cited in TFA, the reason it works for razor blades is because they're cheap...too cheap for people to 'mod' their razors to be able to accept other, cheaper razor blades. This model simply doesn't apply in the world of printer cartridges and cell phones...since it's worth the expense. Lexmark increased the expense by implementing the 'handshake' between the cartridge and the printer, but circumventing that proved to be worth the expense as well. When Lexmark attempted to invoke DMCA they got slapped down, and rightly so.

    The point is, if I own a product, be it cellphone, printer, or razor, it is mine. The courts ultimately ruled against Lexmark in this matter, and I expect (and hope) that they will rull against the cellphone companies as well.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:Another BoingBoing story... by It+doesn't+come+easy · · Score: 4, Interesting

      I hope they do so as well, but it probably won't be the end of it. The cell phone company simply needs to change the contract to say that if you unlock your phone then you have to pay xxx dollars to the cell phone company. Should be legal, and if they make it prominent they might not even piss off their customers, who knows. Personally, if the company gives me the choice, I would rather pay for the phone up front and not sign a contract. Contracts mean the companies can concentrate on new sales and not existing customer support or quality of service (most of us change cell companies because we are dissatisfied with our existing company, not because the new company is better). As long as we have contracts, we lose in service and quality.

      --
      The NSA: The only part of the US government that actually listens.
    2. Re:Another BoingBoing story... by Bogtha · · Score: 4, Insightful

      The point is, if I own a product, be it cellphone, printer, or razor, it is mine.

      Yes, but do you own your phone? A lot of people get their phone with their service contract rather than buying the phone itself.

      I agree that if you buy a phone it should be your own property and you should be able to modify it as you wish, but I don't think the same holds true if you merely have your phone as part of a contract deal.

      If you want the benefits of a contract phone - vastly reduced initial cost, free upgrades to newer phones, etc, then you should accept the downsides too, or actually buy a phone of your own.

      --
      Bogtha Bogtha Bogtha
    3. Re:Another BoingBoing story... by Generic+Guy · · Score: 2, Interesting
      The point is, if I own a product, be it cellphone, printer, or razor, it is mine. The courts ultimately ruled against Lexmark in this matter

      But the court upheld Lexmark in the toner suit (EULA issue), where Lexmark provides a discount to people who bought the "cheaper" box on condition of returning it back only to Lexmark for recycling. Due consideration, in the court's opinion, was the cheaper price.

      Since the phones are subsidized by the service providers I can easily see a court siding with them, also due to the 'cheaper price' consideration. The court would see the cheaper price as due consideration.

      --
      { - Generic Guy - }
    4. Re:Another BoingBoing story... by schwit1 · · Score: 1
      But if the contract says you get the phone free as long as you agree to use it only on our network I could see the courts agreeing to that. If you don't like that stipulation then buy your own phone. On the other hand, service providers should be required to offer the phone at a reasonable cost and user purchased phones should be movable from one service provider to the next.

      Wasn't there a printer cartridge refill case similar to this just weeks ago? In exchange for special pricing the buyer agreed that the cartridge would not be refilled.

    5. Re:Another BoingBoing story... by It+doesn't+come+easy · · Score: 4, Insightful

      Problem is, if you out and out buy your phone they still lock it. Which would be a good point to bring up in the suit because it would mean the lock doesn't have anything to do with the subsidy (it has everything to do with keeping you locked to the cell phone company).

      --
      The NSA: The only part of the US government that actually listens.
    6. Re:Another BoingBoing story... by squiggleslash · · Score: 4, Insightful
      I've bought phones from Sprint PCS, BellSouth/Cingular, AT&T, and T-Mobile, all on contacts, and I've NEVER seen anything that suggests that I do not own the phone. Not for any of those operators. Every single phone operator will tell you that they're SELLING YOU a phone. However, they'll generally refuse to sell you one at a discount if you don't also sign up to a contract plan.

      If Cingular (most likely culprit in this case, as T-Mobile will unlock phones for free as long as a customer has been in good standing for three months) doesn't feel subsidized phone buyers should be allowed to do what they want with their own hardware (note, Cingular's network does not constitute subsidized phone buyer's "own hardware", before anyone criticises me for suggesting that Cingular allow people to modify their phones to do crappy things all over Cingular's frequencies, that's not what I'm suggesting at all) then perhaps they shouldn't sell the phones, perhaps they should rent them out, and have their customers sign lease agreements.

      --
      You are not alone. This is not normal. None of this is normal.
    7. Re:Another BoingBoing story... by jcostantino · · Score: 3, Interesting
      Cellular providers sell the subsidized phones with the expectation that they will recoup their losses during the term of the contract. Nothing wrong there. It's when they lock the phones AND slap you with a ~$200 fee for breaking the contract that it bothers me. The only phones, IMHO, that should be locked are PAYGO (pay as you go) and that's because they are somewhat discounted with no contract so they need to be on the network of whoever sold them.

      By the way, and I'm not saying this to be mean or anything because I do enjoy reading your opinions here but... do you live here? I almost always see your comments as FP (or first +0 or better comment) or damn near it.

      --
      Reviews with a twist! http://www.sardonicbastard.com
    8. Re:Another BoingBoing story... by MindStalker · · Score: 2, Interesting

      Agreed, my dad once broke his phone and didn't have the insurance plan so he went down and got a cheap no contract paygo from walmart that was the exact same phone as he had before. Turned around it and activated it. He never even used the minutes that came with the paygo.

    9. Re:Another BoingBoing story... by DrXym · · Score: 1

      It makes a change from stories being lifted straight from Fark.

    10. Re:Another BoingBoing story... by fireboy1919 · · Score: 1

      Since the phones are subsidized by the service providers

      The are subsidized by requiring you to pay for a fixed number of months of usage. Its part of the rebate contract.
      Modding the phone will not change this contract.

      Considering that, why do you have to be locked in by the phone just because you're locked in by the contract? Its not like they can't enforce the contract without the phone.

      This is not the same situation as Lexmark at all. In one, you're talking about buying something that was cheaper in light of the fact that you were going to give it back; in the other you're talking about something that was cheaper because you're buying something else at the same time.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    11. Re:Another BoingBoing story... by Anonymous Coward · · Score: 0

      More importantly, Gillette have a shed-load of patents covering the razor blade itself and its attachment to the handle: so other manufacturers aren't able to manufacture cheap generic replacement blades that fit the Gillette handle.

    12. Re:Another BoingBoing story... by Anonymous Coward · · Score: 0

      Hope they don't see today's woot:

      http://www.woot.com/

    13. Re:Another BoingBoing story... by jacksonj04 · · Score: 1

      If you buy a phone from the vendor like I did with one of my old handsets, it comes unlocked. Nokia sold me a phone for around £200 and it came fully unlocked and wonderful.

      --
      How many people can read hex if only you and dead people can read hex?
    14. Re:Another BoingBoing story... by It+doesn't+come+easy · · Score: 3, Insightful

      You live in the UK, I live in the US. Makes a difference.

      --
      The NSA: The only part of the US government that actually listens.
    15. Re:Another BoingBoing story... by saitoh · · Score: 1

      >Story lifted directly from BoingBoing. Even the quote from Wired was lifted directly from the BoingBoing story.

      And they didnt list it either (the cell company). This reminds me of rumors on the school-yard. "oh, someone said your not cool, but I'm not going to tell you who and I'll just make up a name and call them Person A". It doesnt accomplish anything other then stiring up stuff (e.g. webhits).

      If someone filed a C-n-D, to me at least, whats the point of writing a story about it if your not going to put much if any substance in it. For all we know, this person could have made the entire thing up. We dont have any names, and no sources were cited. I'm not calling hoax, but to me this is less useful then reading the Onion (which at least makes me laugh).

      --
      We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
    16. Re:Another BoingBoing story... by sznupi · · Score: 4, Informative

      I guess it does...in Poland, I bought my phone for nothing while signing contract. For 2 years (time of contract), I'm supposed not to mess with mine (yes, mine) phone or I'll loose warranty...however there DOES exist another network, very cheap, which I can use. Now the best part: after 2 years, I can go to my initiall operator, the one who sold me phone, and they'll unlock it almost for nothing.

      --
      One that hath name thou can not otter
    17. Re:Another BoingBoing story... by Alpha_Traveller · · Score: 1

      This is exactly my argument regarding TiVo's lifetime service. In my opinion if I buy a lifetime service agreement it should be for access to the service for the lifetime of the service itself. As part of that service, TiVo agrees to upload new service software that will guarantee bug fixes and new features within the limits of the machine as purchased or the service. TiVo says the lifetime service only applies to the machine you've purchased and no farther. I don't "subscribe" to a machine. I subscribe to a service.

      The machine and the software to run it is another matter.

      --
      "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
    18. Re:Another BoingBoing story... by surprise_audit · · Score: 1

      Best Buy (for example) will sell you a phone without a calling plan. My daughter wanted one - the tag said "$69 with calling plan, $200 without" (the numbers are not accurate, but in the ballpark). Presumably you then just slap in any activated SIM card and start dialling. She didn't get the phone...

    19. Re:Another BoingBoing story... by TheDawgLives · · Score: 3, Informative
      Problem is, if you out and out buy your phone they still lock it.

      Actually, if you out and out buy your phone directly from the manufacturer, they don't lock it. When you buy it from the cell phone company, even if you pay more to not be locked into a contract, they are still giving you a discount over what you would pay the manufacturer directly.

      --
      -TheDawgLives suckitdown
    20. Re:Another BoingBoing story... by surprise_audit · · Score: 1
      A lot of people get their phone with their service contract rather than buying the phone itself.

      I submit that, once the one (or maybe two) year contract expires, you *do* own your phone. Whenever my contract expires, AT&T (now Cingular) are keen to get me to "upgrade" my phone, with a contract extension. I can pick a $0 phone (i.e. just becoming obsolete) or pay maybe $50 for a super deluxe phone with knobs and bells and whistles. They don't ask for the old phone back because it's *really* obsolete, being one of the $0 dollar phone they gave away last time. Is the old phone mine?? Hell yes!!

      Think about it - how much does it *really* cost to produce a bottom-of-the-line phone?? $20?? $30?? I'm easily paying that back over a 1 (0r 2) year contract, especially if I don't use all my minutes every month...

    21. Re:Another BoingBoing story... by jcostantino · · Score: 1

      Well then, that explains everything!

      --
      Reviews with a twist! http://www.sardonicbastard.com
    22. Re:Another BoingBoing story... by It+doesn't+come+easy · · Score: 1

      Interesting but the question would be can you use the Best Buy phone with your cell phone provider of choice, and if so do you still have to sign a contract and pay a penalty for early cancellation (contracts and early cancellation is promoted by the cell phone company as devices for them to recover the cost of a subsidized phone -- something that would not apply in this situation)...

      --
      The NSA: The only part of the US government that actually listens.
    23. Re:Another BoingBoing story... by GoodNicsTken · · Score: 2, Informative

      Put it all on the table. By Cellphone Company, they mean Cingular/ATT. I just switched to T-Mobile for this very reason. T-mobile provided me an unlock code so I could get a local number while in Brazil for 10 days.

      It just so happens Cingular/ATT have the lowest raitings for service and customer satisfaction in the industry. Who is surprised they want to lock customers into their network?

      (I'm not affiliated with any of the companies above, I work for a vendor who sells equipment to all of them so their networks can run better!)

    24. Re:Another BoingBoing story... by surprise_audit · · Score: 1

      If you have a working SIM card (from your previous phone), theoretically you just slap it in and start dialling. I don't have $200 spare right now to try that theory, though... :)

    25. Re:Another BoingBoing story... by networkBoy · · Score: 1

      I had the option (at another US "local" carrier) to buy or contract. If I bought the phone it was mine and my "contract" was for one month of service, renewable monthly. However, the phone (AFAIK) would not work with another carrier even if I opted for the no-contract option.
      The US seems to have looked the other way on this type of lock-in for too long. Now that we care it will be very difficult to change the status quo.

      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    26. Re:Another BoingBoing story... by squiggleslash · · Score: 2, Informative
      I've gone directly to Motorola and asked them their policy on this. The response (including spelling or grammar mistake):

      Dear Mr. (<i>my name</i>),

      Thank you for your recent correspondence with Motorola.

      Regarding your question, we do not sale unlock units from our web page or from our customer care department.

      However, you are able to purchase this units from after markets web pages

      Thank you for allowing us to be of your service, if you need further assistance please do not hesitate to contact us again or visit our web page (www.motorola.com -If you cannot hiperlink, please copy/paste the link into your browser ). You are also able to contact our Customer Care Department at 1-800-331-6456 for further assistance.

      Best Regards,

      Auto-Response - 06/07/2004 01:55 PM
      So, nah, you can't always go directly to the manufacturer. Nokia USA's website tends to be inconsistant on the subject, usually they'll not sell phones without subsidy locks unless you really, genuinely, cannot buy the phone at all from any US mobile operator. I was able to buy a 9290 from them that was unlocked, but most of the phones aren't in the same position.

      Either way, it's worth mentioning that the current situation that exists is that the vast majority of US mobile operators do the following:

      1. All new activations require the purchase of a cellphone, unless you really want to go around the houses to do it and even them some operators simply will not let you, period. I think it's possible to get a prepay SIM from T-Mobile, but that's about it. I tried getting a GoPhone PAYG SIM card from Cingular recently and you just couldn't do it.

      2. Almost all cellphones are subsidy locked.

      3. Several cellphones are exclusive to specific carriers. You can't get a RAZR BLK for T-Mobile or unlocked for instance (though if you're feeling brave you can import them or buy from a seller of imported phones. However, note that if a cellphone is available in a Tri-Band version, the imported versions are always 1900/1800/900, even though the US version is 1900/1800/850, which means the imports will not get coverage in key Cingular markets. This doesn't affect the RAZR, which is Quad-band, but does most other "world" phones)

      4. You can't get cheaper service by offering to subsidize your own cellphone (see (1) above), the carriers just will not do it. Rates do not drop after a year. Everything possible is done to lock you into contracts that typically last two years (though T-Mobile "only" limits its to a year.)

      So, whatever happens, if the phone you want isn't available for your carrier and/or you want an unlocked phone, you can expect to pay full price for it and pay to subsidize a phone you don't want, need, or, if you put a lot of effort into it, never bought in the first place. Unfortunately, consumer protection and pro-competition laws are generally considered anti-business in the US, and it's in the carrier's best interests individually to play this game while all of their rivals are, so I don't see this situation improving any time soon.

      --
      You are not alone. This is not normal. None of this is normal.
    27. Re:Another BoingBoing story... by mwsudave · · Score: 2, Interesting

      Amen EASY!!! I am sooooo tired of being told, by my cell phone company, I'm sorry, there's nothing we can do for you, you're not "due for upgrade" at this time!! I'll by the phone I want. If I like your sevice, I'll stay with you. If I don't, you'll lose my business to someone else. If things go like they should, I can see cell phones becoming the now land lines of the future.

    28. Re:Another BoingBoing story... by Jethro · · Score: 1

      as T-Mobile will unlock phones for free as long as a customer has been in good standing for three months They will? Which T-Mobile are you talking about? I don't think we're using the same one.

      --


      In the land of the blind, the one-eyed man is kinky.
    29. Re:Another BoingBoing story... by sznupi · · Score: 1

      Fellow up: I checked it, and actually, after 2 years, they'll unlock it for free.

      --
      One that hath name thou can not otter
    30. Re:Another BoingBoing story... by nickname225 · · Score: 2, Informative

      Actually - you own the phone from the moment you get it. The law of sales in monst states says that the sale is complete as soon as there is agreement on the thing and the price - even if the thing has not been delivered or the price paid. Ownership transfers on agreement. So you own the phone immediately - if you destroy it the cell company doesn't have an action against you for damages. The terms under which you buy the phone include a penalty for canceling the contract early - but this in no way effects your ownership.

    31. Re:Another BoingBoing story... by bleh-of-the-huns · · Score: 1

      You are incorrect on a number of points, firstly, you are correct on the subsidy lock, phones are not cheap, even the free phones providers give away fro free, will cost about $300+ if you buy them from the aftermarket arena, and usually, the ETF does not cover the full cost of the phone, nor does it cover the cost of the man hours put into creating your account, and the customer service man hours a user inevitably goes through.

      Now, phones are often provider exlusives of an existing model, some manufacturers will make a phone for specific providers (think verizon and sprint compared to Cingatt/tmobile), often they will make 2 versions, CDMA and GSM, and on the GSM side, they will often make both the 850 and 900 versions. However, cingular is rolling out on the 850 range, they will still work in most major areas due to either roaming agreements (that dont cost the customer anything), or legacy systems, rural areas are another story. And the reason they use 850, as it has better penatrating power for better reception inside buildings, as well as few towers needed since it has better range, but is only used in the US, and only requires a single part change by the manufacturer. Most will make 3 different versions or more of there phones, usually the more popular ones will come in 850/1800/1900 and 900/1800/1900, and some will even come in CDMA versions. Many new phones are however being released as quad band.

      As for locking, tmobile is more then willing to unlock your phone after 90 days of service and your account is in good standing. Not sure about cingular, ATT however, never would, even after your contract expires, they refuse to unlock phones, not to mention they do sell phones at full retail price with 0 subsidy, the Palm Tungston W was one of these, and they also would ot honour their warrenty on the device after it broke (which caused me to pay the ETF and tell them to fuck themselves).

      It is very easy to buy aftermarket phones, expansys, mobile bee, there are hundreds of sites, soem will even seel you an unlocked phone at a discount price if you sign up for service for a provider through them (be carefull, some of these sites have a very high ETF if you cancell your service though).

      The sole purpose of subsidy locks or sim locks, is to prevent you from taking your phone elsewhere during your contract period, and to cause as much problems as possible when you decide to change providers. Many people will stay with crappy service when they realise they have to learn a new phone, pay for new hardware, and dealing with this puts alot of people off. It's wrong, and personally I say not very ethical, but it is legal.

      If they were to modify the contract to state you cannot do anything to the phone while under contract, that is fine, however once you terminate that contract, you are free to do whatever you want, whether or not you payed the ETF or you completed the contract duration.

      --
      I came, I conquered, I coredumped
    32. Re:Another BoingBoing story... by Phisbut · · Score: 1
      Contracts mean the companies can concentrate on new sales and not existing customer support or quality of service (most of us change cell companies because we are dissatisfied with our existing company, not because the new company is better). As long as we have contracts, we lose in service and quality.

      This is so true. My 2 years contract ended a couple of months ago, so I am now "free to go elsewhere". Suddenly, I've been getting calls from my current provider offering me "free this" and "free that". I never had those offers in the past 2 years. Now that I can stop giving them my money, they suddenly care more about me...

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    33. Re:Another BoingBoing story... by lbya · · Score: 1
      Exactly, they sure make it seem like you're buying a product to own, not just a service, when you buy that phone. Furthermore, the article is misleading when it says

      Cell phone companies sell you a phone at a discount, and then make up the difference by requiring you to sign a multi-year contract promising to pay monthly fees for mobile phone service or to fork over a hefty termination penalty if you break the deal.

      since, in my experience with the late AT&T Wireless anyway, they also won't unlock the phone after you've fulfilled your 2-year contract (and in my case, plus also paid hundreds of additional dollars in international roaming fees after I moved abroad and waited awhile before buying a new phone.) These companies are interested in lock-in, not just spreading out the cost of the phone.

      In shops in the U.S., they should just be clearer about your two choices. Instead of "Cost of phone with new service contract" and "Cost of phone without new service contract", it should be described as "Cost of phone locked to Cingular" and "Cost of phone unlocked." When you shop for a cellphone in Europe the understanding is a little more like that.

      But when I bought that GSM phone from AT&T in the U.S., I actually believed I'd be able to insert a SIM from a European provider after I fulfilled my contract and moved. It's only in fine print that the contract says this is prevented. If you just broadly consider the idea that it is an "international GSM quad-band phone" with a "SIM card", you are tricked.

    34. Re:Another BoingBoing story... by Anonymous Coward · · Score: 0

      The point is, if I own a product, be it cellphone, printer, or razor, it is mine.

      Just a thought but I own my BattleField 2 disks but if I rip ISOs of them so I have a back-up copy on my hard drive I will be breaking the DMCA because I circumvent the copy protection to get them.

    35. Re:Another BoingBoing story... by Buran · · Score: 1

      What's stopping you from just buying another phone anyway? They don't stop you from doing that whenever you like. They just can't afford to cut too many discounts. If you look around you can find unlocked phones and just buy one of those. I know you can get an unlocked GSM Treo 650, the phone I'm planning to get (the Sprint version, though).

    36. Re:Another BoingBoing story... by Anonymous Coward · · Score: 0

      FWIW, T-Mobile will unlock your phone (make sure it's triband beforehand) if you call and ask them to. Just tell them you're going overseas in a few days and that you want to use a local SIM.

    37. Re:Another BoingBoing story... by squiggleslash · · Score: 1
      You are incorrect on a number of points, firstly, you are correct on the subsidy lock, phones are not cheap, even the free phones providers give away fro free, will cost about $300+ if you buy them from the aftermarket arena, and usually, the ETF does not cover the full cost of the phone, nor does it cover the cost of the man hours put into creating your account, and the customer service man hours a user inevitably goes through.
      I'm not really sure I understand what you're trying to say here. My comment about the subsidy lock really had nothing to do with the economics of doing so. I did, however, point out that there's no saving to an end consumer who supplies his or her own phone despite the fact that they're reducing the expenses of the cellphone company.
      Now, phones are often provider exlusives of an existing model, some manufacturers will make a phone for specific providers (think verizon and sprint compared to Cingatt/tmobile), often they will make 2 versions, CDMA and GSM, and on the GSM side, they will often make both the 850 and 900 versions. However, cingular is rolling out on the 850 range, they will still work in most major areas due to either roaming agreements (that dont cost the customer anything), or legacy systems, rural areas are another story. And the reason they use 850, as it has better penatrating power for better reception inside buildings, as well as few towers needed since it has better range, but is only used in the US, and only requires a single part change by the manufacturer. Most will make 3 different versions or more of there phones, usually the more popular ones will come in 850/1800/1900 and 900/1800/1900, and some will even come in CDMA versions. Many new phones are however being released as quad band.
      Erm, yes. I also said the above. I said that the triband phones available from resellers of imported, unlocked, GSM phones are generally 1900/1800/900 whereas the triband phones usually sold by operators (that you'd want, in the US) are 1900/1800/850. That's completely correct.
      It is very easy to buy aftermarket phones, expansys, mobile bee, there are hundreds of sites, soem will even seel you an unlocked phone at a discount price if you sign up for service for a provider through them (be carefull, some of these sites have a very high ETF if you cancell your service though).
      As I said above, there are limitations here. For the most part, you cannot buy the US versions of GSM phones from all but a handful of suppliers. The vast majority of unlocked GSM cellphones available are the European versions. This makes no difference if you're buying a quad-band phone, but right now most are tri-band, and imported Triband phones rarely support 850MHz. And you really want a phone that supports 850MHz if you're going to use it in the US.

      More importantly, you have no incentive for doing so. You pay $500 for a $200 phone, but you still end up with a two year contract (in the MAJORITY of cases), and you still end up paying $50 for 500 anytime minutes + unlimited M2M and N&W. You don't get $300 off. You've just saved Cingular $300, or would have done had Cingular not required you buy a phone from them anyway.

      Ultimately, I'm not sure what you're trying to say. You said various points I said were incorrect, but I don't think you've answered them. Do you believe that most operators make it easy to start a new account without buying a subsidized phone? 'cos Cingular, T-Mobile, and, less usefully, Sprint PCS, Verizon, Alltel, and Nextel certainly don't make it easy. Do you believe you get a lower rate for doing so? Because I've yet to see a single offer from any of the above operators that implies supplying your own phone. Have you done searches for triband phones on shopping.yahoo.com and found the vast majority of unlocked triband GSM phones were 1900/1800/850 (or 1900/900/850)? Which of my statements is "incorrect"?

      --
      You are not alone. This is not normal. None of this is normal.
    38. Re:Another BoingBoing story... by SkyDude · · Score: 1

      For more than 20 years, consumers and businesses have been able to purchase their own landline telephones sets. That wasn't always the case. When you ordered a line, you got a phone set from Bell. There were no others, and Bell used to charge you if they determined you had connected another device to their lines. A few well-placed lawsuits ended all that. Now that cell phones outnumber landlines, maybe the time is right for an anti-trust class action lawsuit against the cell carriers. It's clearly not in the consumer's interest to have the equipment and service from a single source. Let me buy a cell phone and pick the carrier. No long term contract and no penalty for changing. Make them compete with service and let retailers sell the hardware. It works in so many other businesses, why not cell providers.

      --
      == First cross river, then insult alligator.
    39. Re:Another BoingBoing story... by Frank+T.+Lofaro+Jr. · · Score: 1

      Ironically if you actually are going to Germany, you'll be unlocked just to end up using their German network.

      T-Mobile = Deutsche Telekom (German for German Telecom). :)

      --
      Just because it CAN be done, doesn't mean it should!
    40. Re:Another BoingBoing story... by Frank+T.+Lofaro+Jr. · · Score: 1

      Alltel??

      I was an Alltel customer and they got bought by Verizon and thus was a Verizon customer for a while?

      Does Alltel still exist?

      --
      Just because it CAN be done, doesn't mean it should!
    41. Re:Another BoingBoing story... by beef+curtains · · Score: 1

      It works in so many other businesses, why not cell providers.

      Because we Americans have gotten used to "Free" (with 2-year contract, of course) phones...I know very few people who are willing to pay $300 for a run-of-the-mill cellphone. Free/cheap phones are something we've learned to take for granted.

      Meanwhile, Asians & Europeans have a totally different mindset: they think of their mobiles the same way that we think of our landlines...you go to an electronics store to buy a phone (for full price), then you swing buy a service provider's hut at your local mall to sign up for service & get your SIM chip.

      I personally agree with your comment, and wish it did work that way here...hell, I have an imported, unlocked quad-band phone with a Cingular SIM chip stuck in it right now. But let's be honest, how many Americans do you know that would gladly fork over full price for a phone, á la our European friends? I'm guessing probably the same number that would gladly fork over $4/"litre" for "petrol." ;)

      --
      Just once I'd like someone to call me 'Sir' without adding 'You're making a scene.'
    42. Re:Another BoingBoing story... by Pendersempai · · Score: 1

      Well, okay, but you're always free not to enter into that contract, right? I certainly can't think of any clean way of amending the law to prevent that kind of contract without seriously harming individuals' moral autonomy.

      In other words, if I, as a user, *want* to enter into such a contract because it allows the provider to give me a cheaper price, who are you to tell me that I can't?

    43. Re:Another BoingBoing story... by Alioth · · Score: 1

      Who CARES if it was on BoingBoing or not. Myself (and many other Slashdotters) don't read BoingBoing so it is totally irrelevant if it appears there or not. It's quite frequent that news sites will carry the same stories, even outside of amateur-produced websites like Slashdot.

    44. Re:Another BoingBoing story... by Alioth · · Score: 2, Informative

      I bought my Nokia 6820 in the United States. Tri band GSM phone. It wasn't locked. I could then just buy a SIM card and put it in.

    45. Re:Another BoingBoing story... by InvalidError · · Score: 1

      There is a simple solution to this:

      "Should the customer decide to cancel the service before the this contract's expiration, the company shall collect a $200 termination fee and recover the phone. Should the customer have lost the phone and be unable to return it within 30 days from termination, the company shall invoice an additional amount up to the cash discount given when the service was contracted."

    46. Re:Another BoingBoing story... by mwsudave · · Score: 1

      I'm smellin ya Buran. I wish I had the GREEN to drop on another phone. It kills me that they'll offer insane discounts to new customers, but to those that have alrady been good paying customers, they leave us hanging. I tried to buy a phone via an auction company on the web (anon emphasized). But I got burned on it. I'll just wait til my contract expires and take my business elsewhere (probably back to Sprint). I was with them for 12 years, they took care of me. My current carrier promised good service, and customer satisfaction, but now that it's time to deliver, they don't want to help me, ahem something beginning with a V.

    47. Re:Another BoingBoing story... by OwnedByTwoCats · · Score: 1

      Different carriers use different technology for the conversation between the handset and the cell tower. GSM, TDMA, and CDMA were the three technologies the last time I looked. You have to look at the technologies your phone has, and the technologies that the carriers use, to see what works with what.

      It's kinda like am and fm on the radio. A long time ago, you could get AM-only radios. Only worked with AM radio stations. Or pay more for AM-FM radios that worked with all radio stations.

    48. Re:Another BoingBoing story... by myov · · Score: 1

      My Sony Ericsson T616 came from Cingular because you could buy an unlocked version without a contract. Yes, they messed up. From what I've heard, this wasn't the first time.

      --
      I use Macs to up my productivity, so up yours Microsoft!
    49. Re:Another BoingBoing story... by Buran · · Score: 1

      Not sure what you mean by "smellin'" but, yeah, I know what you mean. I'm paying about half again as much for net service as they charge new customers. And I'm not the only one to complain -- the local paper ran an article about it.

      I can't afford a new phone right now either, FWIW, but I'm eligible for a loyalty discount ... alas, you only get the $150 discount every 2 year s with Sprint, which I can honestly say has been pretty good to me. I'm not too worried about international travel, so GSM is a must. Fortunately, my new hearing aid is compatible with GSM phones, so it's a choice now -- previously I was restricted to Verizon/Sprint. (which means it's good that Sprint hasn't sucked for me!)

    50. Re:Another BoingBoing story... by aztransplant · · Score: 1

      BINGO!!! You have struck the nail squarely on the head.

    51. Re:Another BoingBoing story... by TheDawgLives · · Score: 2, Insightful
      All new activations require the purchase of a cellphone

      I was under the impression that the purpose of the SIM chip what that you could activate a number/SIM chip independant of the phone. I know at Best Buy they sell SIM chips by themselves. I figured if you had your own phone, you could go to BB and buy a SIM chip and activate your phone for $25.

      --
      -TheDawgLives suckitdown
    52. Re:Another BoingBoing story... by TheDawgLives · · Score: 1

      Just before the Cingular/AT&T merger, they HAD to ship all their phones unlocked because they had to be sure they'd work on the merged network. I got one of their unlocked phones directly from a cingular rep and used it with a T-Mobile SIM card. I imagine this happens whenever there's talk to two carriers merging.

      --
      -TheDawgLives suckitdown
    53. Re:Another BoingBoing story... by arose · · Score: 1
      You are incorrect on a number of points, firstly, you are correct on the subsidy lock, phones are not cheap [..]
      Yes they are, not the overfeatured camera phones of course. Simple phones can be had for less than $100, if you can't get them because idiots falling for free phones then you only have the free market and your fellow consumer to blame.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    54. Re:Another BoingBoing story... by mwsudave · · Score: 1

      I am in a job that provides us with phones, but they are pretty strict on usage. I have a personal account with the same provider, thinking I could get better deals/loyalty type benefits, but alas, I am still just a grain of salt in the ocean of humanity to them. Verizon, I understand, gives a $100 credit to your account every two years, supposedly to help cover the cost of a new phone. I believe most of these companies prey on the general public because the general public is unaware of what it actually costs the company to provide cell/internet service. Most of the big providers own their equipment and/or lines that provide the service. The only cost they would have is if they leased from another provider for bandwidth, or ran their repeaters on another carrier's tower. Even still, the more people that subscribe to the service, the less cost it should be to the customer because the company's cost is deferred through a higher number of customers paying that cost. I still think the internet/cell service industry will be making a turn for the better for the customer and will become more like the old Land Line phone companies are now. Standards will be adopted and coverage types and technologies used to provide that coverage will become the same across the board. I believe if the companies truly want to be marketable and reputable, they will have to come together and give the public what the public wants.

    55. Re:Another BoingBoing story... by ForestGrump · · Score: 1

      That's what they say to make you to sign up in the first place. Actually what Cingular told my dad in 2002 when he renewed his contract and got a simens s40 for "cheap". We were told to call cust sevice after a min of 6 months of having the phone for an unlock code.

      Well, after 18 months, the occasion for travel came up. I called up Cingular cust service and was told they don't give out unlock codes anymore. I talk to the supervisor and he says the same. I explain to him that we were cingular cust for ~3 years. When we bought this phone, we were told to call cust service after a min of 6 months for the unlock code. We bought this phone for the specefic purpose of it being a world phone and being able to go to another country and pop a sim card in it. If we couldn't use it as advertised, what was the point of this phone in the first place?

      Long story short, after much disucssion the rep said he'd contact siemens for the unlock code.

      In the future, just buy an unlocked phone or search for an unlock code calculator.

      Grump

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    56. Re:Another BoingBoing story... by networkBoy · · Score: 1

      I'm well aware of that. I've worked in the field. My point is that I can not, without unlocking my phone, use it on another cariers *compatible* network, even though I'm paying for the phone up-front.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    57. Re:Another BoingBoing story... by Maestro4k · · Score: 1
      Yes, but do you own your phone? A lot of people get their phone with their service contract rather than buying the phone itself.

      I agree that if you buy a phone it should be your own property and you should be able to modify it as you wish, but I don't think the same holds true if you merely have your phone as part of a contract deal.

      In most cases you do own the phone, the phone's a loss leader to get you to sign up with the telco's wireless service under contract. Such contracts generally include penalties for cancelling early, but those are penalties for breaking the contract. They may cover the phone's cost, but they aren't specifically noted as such and that makes all the difference. You own the phone, but you have obligations under contract. If you cancel early you pay the penalty, if not you don't.

      Also even if you stay with your current provider and you're at a point they deem you worthy of an upgrade you don't always have to return the old phone. If you truly didn't own the phone returning the old one would be a requirement to get an "upgrade" for free. What you basically end up doing though is sign a new contract with them and the "upgrade" phone is another loss leader.

      What you're thinking of are situations where you rent the phone. I don't know that I've ever heard of a wireless telco offering a rental phone. Renting is quite common on cable/DSL modems and cable boxes though. In those cases you have to return the modem or cable box when you cancel service, even if you don't pay a penalty. If you fail to return it you have to pay for it. See the difference?

      Basically the telcos want you to believe you don't own the phone so they can lock you in to their service. The reality is quite different and I doubt this telco's going to get very far in the courts.

    58. Re:Another BoingBoing story... by SkyDude · · Score: 1

      Perhaps I'm living in a dreamworld, but if phones were on the open market, I think the prices would drop dramatically. I mean, even WalMart was selling the Motorola V551 (poor man's Razr) for $40 - with a contract. Cingular wanted at least $100, and for their good customers like me - $150! Course I get a $50 rebate in the form of a VISA card, but it will take 12 weeks to get here. Must have to hand chisel the numbers on the card.

      All consumer electronics have come way down in price. Hell, if Phillips could sell 10 million plasma screens each year, would they still cost > $3000? DVD players started slow, but when the prices dropped below $100, they took off like crazy.

      Phones are nothing special and they're all made in China anyway. Get 'em down around $50 - $150 retail and they'd sell millions more.

      --
      == First cross river, then insult alligator.
    59. Re:Another BoingBoing story... by sznupi · · Score: 1

      I have this in the contract terms...

      --
      One that hath name thou can not otter
    60. Re:Another BoingBoing story... by sznupi · · Score: 1

      Oh, and of course I can unlock it myslef anyday...but I don't need to, so why bother if it'll bring some complications with the warranty...

      --
      One that hath name thou can not otter
    61. Re:Another BoingBoing story... by surprise_audit · · Score: 1

      Thanks. I was shooting for the worst case - once the contract expires, the phone absolutely is yours, and you really ought to be able to use it with another provider. Or they should tell you you're just renting it... Maybe the lock code ought to expire after 2 years??

    62. Re:Another BoingBoing story... by lordofthechia · · Score: 1

      ATT, Cingular, and T-Mobile use GSM (or are switching to GSM in the case of ATT pre-cingular)

      Sprint and Nextel were TDMA or CDMA (reason the merger was a good thing for them)

      Sucky thing is, I have a T-Mobile phone that I paid $120 for and went through a whole contract with them, but they still refuse to unlock it now that I no longer use it and I have Cingular instead (T-mobile was not an option where I live now).

      BTW they will unlock a phone after you've been with them for 3 months and up to 3 months after you quit service with them. What they don't tell you is that if they give you the runaround for 3 months, then after that you're screwed cause you'll just get "ooh it's too late for us to help you now. We needed to submit this within 3 months..."

      I call BS on that, there's *no* reason they shouldn't unlock a phone for which their customer has paid for (in both cash and commitment period). If they're unwilling to unlock a customer's phone then they should be prepared to *buy it back*.

      --
      Georgia Tech, the leader in Chia(tm) technology.
  2. Sounds good to me by AndersOSU · · Score: 3, Insightful

    What's the problem? If you want to pay less for a locked in phone thats your buisness. If you want to have freedom to go to any network you want you have to pay a premium. I don't necessarily see a problem with the buisness model...

    Is this one of those things where it must be bad because it contains the worst of the slashdot four letter words (DMCA)?

    1. Re:Sounds good to me by Anonymous Coward · · Score: 0

      Is this one of those things where it must be bad because it contains the worst of the slashdot four letter words (DMCA)?

      Uh, of course? :-)

    2. Re:Sounds good to me by pixelpusher220 · · Score: 5, Interesting

      Um...here in the States, such a phone is more like the mythical Unicorn. We don't have the luxury of taking our phones with us when we switch providers. heck we've only had number portability for a couple years now!

      And no one is suggesting that if I 'unlock' my phone to use Provider B at some point, that I stop paying Provider A as my contract requires.

      If I have finished my service contract, why shouldn't I be able to use the phone on a different network if I so desire? Do the companies offer 'unlocking' services at the end of contract? (by which time they have been 'paid' for the 'cheap' phone)

      So it's just another tactic to prevent free market forces by using the DMCA, yes it's a Bad Thing(TM). Hopefully with exposure and some intelligent court rulings this too shall pass.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    3. Re:Sounds good to me by nblender · · Score: 3, Interesting
      Well, at least one problem I've encountered is with my vendor-neutral and non-discount SonyEricsson K750i. Now that the firmware is 'old', I want to upgrade it. The only way I can see to do that is via the official SE site with their software. It won't let me upgrade the firmware because it doesn't recognize the carrier that my phone is currently using. ie: it has no custom firmware matching my carrier.

      So, unless I do a bunch of secret-squirrel digging/haxoring, I have a dead-end product.

    4. Re:Sounds good to me by photon317 · · Score: 1


      The problem is that you might purchase a locked phone initially, and there are companies out there which, for a small fee, will forcibly unlock your phone for you when you decide to switch carriers. (Or if you have the technical knowledge and means, you can do it yourself). They're arguing that unlocking a phone which was purchased as a locked phone is a violation of the DMCA.

      --
      11*43+456^2
    5. Re:Sounds good to me by pla · · Score: 4, Interesting

      Is this one of those things where it must be bad because it contains the worst of the slashdot four letter words (DMCA)?

      Actually, yes. I have yet to see a "good" occurrence of that four-letter word (acronym). At best, ironic or just-desserts, but never actually "good".



      What's the problem? If you want to pay less for a locked in phone thats your buisness.

      You miss the point - Yes, the phone comes cheap as part of signing a 2-year contract (usually), but after that?

      This doesn't involve people trying to get out of their contracts. Just people trying to keep using their phone once they have satisfied whatever contractual obligations exist that might justify calling it "not theirs".

      When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything? "Sorry, that pointy stick contains DNA for which Monsanto owns the copyright. Using it to defend yourself against a non-Monsanto-approved bear violates the DMCA".

    6. Re:Sounds good to me by Secrity · · Score: 1

      The biggest problem with your argument is that all of the major US carriers still lock the phone even if one pays full price for it.

      I might buy your argument if the phone was only locked during the period of time that the buyer is obligated to the carrier by the carrier's purchase subsidy (such as by a two year contract). There is a grey area that may even moot the subsidised lock-in period, and that is the existance of a contract termination charge.

    7. Re:Sounds good to me by Itchy+Rich · · Score: 1

      What's the problem? If you want to pay less for a locked in phone thats your buisness. If you want to have freedom to go to any network you want you have to pay a premium. I don't necessarily see a problem with the buisness model...

      The problem is that, although these companies are welcome to adopt a business model where you pay a premium to use the handset after your contract expires, there's no valid reason for that business model to be protected by law. Handset unlocking is not a great injustice, it's simply making use of something that you have paid for through line rental and call charges by the end of your contract.

    8. Re:Sounds good to me by JesseL · · Score: 2, Insightful

      There are two problems with this.

      The first is that they are trying to leverage a law intended to protect copyright for the purpose of supporting their business model which has nothing to do with copyright.

      The second is that they are trying to prevent people from using the hardware that they have paid for in the way they see fit. I think it's fine if the terms of your contract with them say that you must use their service with the cell phone that they sold you for the period of the contract. The problems come when the contract runs out or you terminate the contract prematurely (and pay the associated fine), some providers are still trying to control what you do with the phone.

      --
      "Prefiero morir de pie que vivir siempre arrodillado!"
    9. Re:Sounds good to me by Anonymous Coward · · Score: 0

      The problem is that GSM phones are designed to work with multiple networks. That is why they have SIM cards.

      I guess Americans never had the experience of swapping their cell phone's SIM cards to get onto a new network. In the rest of the world, people frequently do that. They have 2 or more SIM cards and one actual handset.

    10. Re:Sounds good to me by It+doesn't+come+easy · · Score: 2, Interesting

      Personally, I have specifically asked a cell phone company (I'm not naming names) if I could use an old phone that I had (bought from them about two years earlier) with a new service plan without a contract. I had cancelled my previous plan months earlier with them because of certain circumstances. Even though they still sold the exact same phone with some of their plans, I was told that I had to buy a new phone and sign up under a contract. They would not let me use my existing phone. It was pretty obvious that they're much more interested in getting you locked into a contract vs. worrying about recouping the phone subsidy.

      The subsidized cell phone is a win/win for the cell phone service provider and the manufacturer. The provider locks you into a contract (thereby avoiding competition based on quality of service) and the manufacturer need not worry about reducing costs. All subsidies eliminate competition in some fashion. It does not benefit you the consumer.

      --
      The NSA: The only part of the US government that actually listens.
    11. Re:Sounds good to me by greg_barton · · Score: 0, Flamebait

      When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything?

      Yep. Yet another example of right wing activist courts advancing their socialist adgenda. Yes, socialist! Except it's corporate socialism: only corporations can own property in that system. The average person can't be trusted to use property in a responsible manner, so they're not allowed to own it. For the greater good of the economy they must be denied ownership.

      So the next time Bush mentions the "ownership society," you know what he really means...

    12. Re:Sounds good to me by Red+Flayer · · Score: 2, Interesting

      "When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything? "

      The solution I see would be to mandate that any copyrighted part of a non-copyrighted object be made removable. If I don't use the copyrighted part, then no problem, correct?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    13. Re:Sounds good to me by Professor+S.+Brown · · Score: 0

      What? Are you stupid or something? Of course theres a reason for that business model to be protected by law - you entered in to an agreement when you bought the phone that said you'd stick with them or pay a transfer fee. Don't like it? Go with someone else. Just don't whine about how unfair it all is later. Handset unlocking is an 'injustice', you are breaking your side of the contract that you made when you bought the fucking phone.

      If you want to be able to roam free, get a contract that lets you do that. If that means your poor ass has to get a phone that doesn't have a built in PS3, well cry me a river.

      Grow up, for fucks sake.

      --
      Shitram Brown, PhD
      Professor of Mathematics
    14. Re:Sounds good to me by ThogScully · · Score: 3, Informative
      Um...here in the States, such a phone is more like the mythical Unicorn. We don't have the luxury of taking our phones with us when we switch providers. heck we've only had number portability for a couple years now!

      I am in the States and I wouldn't consider a non-GSM phone. If you don't choose to use a better GSM provider using GSM phones, that's your own problem. I've been with Voicestream and now T-Mobile for years. I've taken my phone all over the world and used it on carriers in other countries with prepaid SIM cards when I've been away on longer trips. It's not locked and works on any GSM network in the world and can be serviced by any GSM provider's service.

      -N

      --
      I've nothing to say here...
    15. Re:Sounds good to me by pla · · Score: 2, Informative

      If I don't use the copyrighted part, then no problem, correct?

      That depends on the primary use of the object, and the degree to which the copyrighted part exists as central to the use of the object.

      With a stick, the DNA might count as absolutely unavoidably bound to the object, but the specifics have very little bearing on the stick's functionality.

      With a CD, the music on it, although potentially removeable (in the case of a CD-RW, anyway), counts as the entire reason you would buy the CD in the first place. Its form as a 12cm plastic disc with a hole in the middle very, very rarely matters.

      Now, with a cell phone? Not many people care about the specific software it runs, only about its function. But without some software, it doesn't function.

      Personally, I would put cell phones in the CD category - Legitimate posession of the physical device should (but all to often doesn't) count as an implied, irrevokeably license to use the copyrighted content contained therein, including the right to change that content at will. If a company doesn't want customers to use feature-X of their product, they need to leave feature-X out rather than just disabling it in software.


      But, we live in this world, not a perfect one.

    16. Re:Sounds good to me by Red+Flayer · · Score: 1

      "Personally, I would put cell phones in the CD category - Legitimate posession of the physical device should (but all to often doesn't) count as an implied, irrevokeably license to use the copyrighted content contained therein, including the right to change that content at will. If a company doesn't want customers to use feature-X of their product, they need to leave feature-X out rather than just disabling it in software."

      What if you sign an EULA as part of your purchase agreement that states you are not allowed to enable feature-X at any time? This would be separate from the service contract, which expires after a certain date.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    17. Re:Sounds good to me by pgnas · · Score: 1

      "Yes, the phone comes cheap as part of signing a 2-year contract (usually), but after that?..."
      After that, you throw away the phone because you dont want it anyway due to the fact that the phone is ridiculously outdated.

      The point may be missed on this slightly, however, first of all, nothing is free and there is a price for everything. I agree, of you choose to agree to the contract, then by all means, sign it otherwise, just buy a phone that is not unlocked.

      You see, the only way that the companies, at this point, can stay competetive is to lock people in on contracts and the only way people will agree to this is by getting something for "free" or at a special price....

      Additionally, cell phone manufacturers are unloading units by the millions, earnings are secure based on contracted revenue allowing for them to secure additional funding for R&D on new cell phones to ensure that you will want the latest and greatest technology when your contract expires.

      "When every object we posess contains some amount of copyrighted material, will companies successfully argue that we don't actually "own" anything"

      well, thats an interesting point... I think that the only thing you really own is what you came into this world with and what you leave with...Unless of course you are cloned.

    18. Re:Sounds good to me by MoonChildCY · · Score: 1

      Why don't you just buy an unlocked phone to begin with? It is really easy to do in the USA as well. Just go to Amazon and choose one of the many unlocked phones they sell.

      And now you will see how much other people pay for cell phones (unlike in the USA). I brought my own phone when I came from Europe and had no problems getting service from anyone, except that the prices here are ridiculous if you don't choose a 2-year plan (which would also get you a free phone again).

    19. Re:Sounds good to me by pla · · Score: 1

      After that, you throw away the phone because you dont want it anyway due to the fact that the phone is ridiculously outdated.

      Not true... Probably the most common occurrence, but more out of "we won't let you use that old phone" than "I want the newest toy".

      My SO had an ancient Nokia phone. Great signal, lasted three days to a week of heavy use on a single charge. Had almost no "features" - A Black and white screen (do I even need a screen at all?), had the "snakes" game on it, and had a choice of "ring or vibrate". Exactly what a phone should have, ie, nothing not phone related. And durable - She had RUN OVER IT in her car and it still worked fine (albeit on soft grass, not asphalt).

      We moved. No service from her old company in our new area. So, time to get a new cell provider - Oh, she can't use that phone (even though the new provider had other customers still using the same older model), she needs a new Nokia, but it only costs her a penny with the two-year contract she has to accept anyway if she wants service. Of course, this new phone has a color screen, a few new games, gets a WORSE signal (call me a Luddite, but I prefer a little bit of static to no sound (or digital garbled crap) at all), and the battery only lasts a day of standby (nevermind actually making calls, during which it gets very very warm and the battery lasts about three hours).



      You see, the only way that the companies, at this point, can stay competetive is to lock people in on contracts

      I agree that they believe that, but I do not. Simply offering better service, and giving it to me without the mounds of associated BS I don't want, usually works wonders in keeping happy customers. A lot of companies have forgotten that, and resorted to "trapping" their customers instead. But eventually a low-BS solution will come along, and at that point you'll see a mass exodus from AT&T and Cingular and Verizon and the like. That has already started to happen in the land-line realm thanks to VOIP, and it will happen sooner or later for wireless. Just having ubiquitous WiFi combined with VOIP would nearly suffice, and I see that as realistically just a few years away...

    20. Re:Sounds good to me by Anonymous Coward · · Score: 0

      Ah, let's see, so much bullshit to refute here, where do I begin?
      How about, "You're full of shit you ugly troll and deserve to get smacked in the face with a bunch of 1-month old trout you dirty rotten bastard."

      There, I feel a whole lot better now

    21. Re:Sounds good to me by Frank+T.+Lofaro+Jr. · · Score: 1

      GSM is currently a TDMA based technology.

      TDMA can't do soft-handoffs, take advantage of multi-path or use multiple towers at once.
      CDMA can.
      Multi-path means the direct signal and/or reflected signals can be combined to make your signal better, rather than worse, which is what happens with non-TDMA technology.
      Multiple tower at once means soft-handoffs, better reception when there is no one tower which gives you a good signal, and less dropped calls.
      TDMA may be more resistant to noise since there isn't multiple usages of the same time slice and frequency that CDMA uses.

      GSM will likely be moving to CDMA in the not too distant future.

      There are 4 bands.

      1900/800 are used everywhere, 850 is in the US, 900 is Europe, I don't know about Canada, Mexico and other countries.

      So you need a 1900/800/850/900 phone if you wish to travel the world and still be able to use your phone. Although you can use a phone that lacks 850 in the US, but it might not always work well, or at all, depending on who you are with and where you are at.

      Some things to keep in mind.

      --
      Just because it CAN be done, doesn't mean it should!
    22. Re:Sounds good to me by Alioth · · Score: 1

      Mythical?

      I bought my last phone at the Phone Warehouse in Houston a couple of years back. Comon place to buy phones. I had no trouble buying outright a tri-band GSM phone which I could use with any GSM provider merely by inserting the SIM card from the chosen provider. It is not locked. All the Bluetooth features. It's not subsidized either. It took me all of half an hour to find (including driving time).

    23. Re:Sounds good to me by pgnas · · Score: 1

      "...Exactly what a phone should have"

      should is the operative word here, this is far different from what people want. I do agree that no one needs a camera on their phone, noone needs to watch the latest music video on their phone, but they want it.

      "...she can't use that phone

      more than likely not and while it is a tad bit frustrating, I can accept this, I have all kinds of computer equipment that is useless too.

      "...but it only costs her a penny with the two-year contract she has to accept anyway if she wants service

      really? no. I would bet that you can go out, purchase a new phone and pay a monthly fee without being in a contract. This is a choice, not an obligation.

      "you'll see a mass exodus from AT&T and Cingular and Verizon and the like..."

      Huh? This kind of comment makes me laugh.. mass exodus. This is not going to happen anytime soon. There are solutions right now, no contract, pay as you go... I don't see any mass exodus. "Just give me the basics", right, no one wants just the "basics" they all want the model with everything, and if they don't want it, your right, the companies will create the need.

      mass exodus... guess what? Open source software is free and better too! You can get back to me and I will say you are right when Micro$oft files bancruptcy....mass exodus.

      "I agree that they believe that, but I do not

      Companies do what is successful and makes them the most money, if the most money was in simply providing you a solid flat black hunk of plastic with a button pad and speaker that would cost them $.01, beleive me, they would in a second.

      ....mass exodus. hehe

    24. Re:Sounds good to me by waylander · · Score: 1

      I looked at Voicestream/T-Mobile before. Get 10 miles off an Interstate or away from an urban area and you've got nothing...at least that's the way it is (was) here in Indiana a couple years ago.

      I really don't travel internationally so GSM is not an issue for me.

      (and yes, there are a couple urban areas in Indiana)

      --
      John Kramer
      God may be my co-pilot, but the devil is my backseat driver.
    25. Re:Sounds good to me by tricorn · · Score: 1

      Companies do stupid things, non-optimal things, ALL THE TIME. Believing that "companies do what is successful and makes them the most money" is sheer foolishness. That's only what they TRY to do.

    26. Re:Sounds good to me by tricorn · · Score: 1

      No, the contract is generally that you stick with them for a fixed period of time or pay an early termination fee. In either case, the phone is offered to you to OWN. If you were renting it, they'd ask for it back at the end of the contract period.

      The DMCA is designed to protect copyrighted works. Unlocking a phone doesn't let you make illegal copies of their firmware that you can use in another phone that didn't come with firmware or somehow had inferior firmware. There isn't even a consumer market for buying and selling firmware, not that it's even interchangeable between different models and brands. The DMCA is absolutely the wrong thing to be used here.

      I don't see anything wrong with laws preventing companies from using abusive business practices. There are plenty of laws protecting them from things, why shouldn't they be required to operate within certain bounds? If they want to claim they are "giving you a free phone", then they should be bound by standard requirements of what it means to "own" something. In addition, for being granted the exclusive use of frequencies, they should also be subject to certain requirements as to openness - for example, that charges have to have at least SOME relation to how much it costs to provide the service - no charging MORE for airtime because you provided your own phone - the existence of a contract should be all the lock-in they should be allowed to create.

      Trying to encourage competition and a "free market" is not served by allowing lock-in. Allowing companies to force consumers to eat the cost of millions of phones a year (after all, who's paying for it in the end?) in order to be able to get away with not providing good service is not good public policy.

      If all the ISPs in an area started requiring that you buy a computer from them in order to connect to the Internet, and that such a computer would be locked down so you could only add programs you bought from the ISP, I think you'd find that to be unacceptable. Why should a cell phone be any different?

    27. Re:Sounds good to me by Anonymous Coward · · Score: 0

      And in them people will STEAL your cell phone!

    28. Re:Sounds good to me by Anonymous Coward · · Score: 0

      Thanks to George Bush, there is a lot of 1 month old trout on the streets of what used to be New Orleans.

    29. Re:Sounds good to me by Coniptor · · Score: 1

      Why not name names?
      What use is your comment if you don't?

    30. Re:Sounds good to me by Professor+S.+Brown · · Score: 0
      I agree that the DMCA is possibly the wrong tool for them to be using, but their principles are fine.

      If all the ISPs in an area started requiring that you buy a computer from them in order to connect to the Internet, and that such a computer would be locked down so you could only add programs you bought from the ISP, I think you'd find that to be unacceptable.
      No, theres nothing unacceptable about that at all. If a company wants to set up such a ridiculous business ethic, thats fine, because they clearly explain the lock-in and people should be intelligent enough to stear clear.

      Why should a cell phone be any different?
      It isn't, but its beside the point. It doesn't matter how tyrranical the contract is - you enter into it of your own free will. If you don't like the consequences, don't go with them, and if you do you don't cry foul later and think you're somehow morally correct to rip them off.

      You people really need to grow the fuck up, stop acting the victim, and take some responsibility for yourselves.
      --
      Shitram Brown, PhD
      Professor of Mathematics
  3. always pay upfront by frodo+from+middle+ea · · Score: 3, Insightful
    never get discounted phones, you get stuck in a contract, that costs more to break than the phone ,

    always buy unlocked phones and use them with whichever n/w you like.

    Can I get a +1 DUH !

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    1. Re:always pay upfront by seanismdotcom · · Score: 1

      Well with Sprint the cost of the cancelation fee is no more then the discount you got on the phone. A lot of the time you will get additional savings on top of that as well.

      So if you sign a contract and get the discounted phone and you end up staying you save $150+ some other discounts. If you cancel you only pay back the amount they took off the phone. So atleast you have the chance to save the money if you end up staying with the company. Not to mention with all cell phone providers if you don't want to sign a contract right away you most likely will end up signing one at one point or another because if you want to change anything on your plan it requires you to sign/renew your contract.

      Whereis if you just pay full price for the phone to not have a contract if you end up staying you don't have the chance to save that $150.

      iono just some reasoning I use while at work, Sprint, to convince people to get the 2 year contract.

    2. Re:always pay upfront by JaredOfEuropa · · Score: 1
      never get discounted phones, you get stuck in a contract, that costs more to break than the phone , always buy unlocked phones and use them with whichever n/w you like.
      My phone's about 300 euros retail. I got it for free on a 1-year contract... The savings pretty much pay for a year's worth of subscription and calls, and my calls are cheaper than on a prepaid plan.

      Better yet: recently I tried cleaning my phone in the washing machine by leaving it in my trouser pocket. That didn't work out too well. But since I had my suscription for a year (just), I simply renewed for a year and got a new phone out of the deal, free. If you already have a phone though, you're usually better off getting a 'SIM-only' subscription, which costs virtually nothing. Incidentally, over here phone companies will unlock your phone after the fixed term of the contract expires. I don't know if there is a law that says they have to, but they always will if you give them a call.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:always pay upfront by Anonymous Coward · · Score: 0

      always buy unlocked phones and use them with whichever n/w you like.

      Is there such a thing in the US?

    4. Re:always pay upfront by Anonymous Coward · · Score: 0

      Yes, but it generally only applies to GSM phones and carriers (Cingular/AT&T Wireless, T-mobile...) since most of the other carriers' phones aren't interchangeable (different technologies).

  4. I'm screwed then by Nuclear+Elephant · · Score: 4, Interesting

    A mobile phone company is arguing that companies that unlock their handsets violate the DMCA

    So I gues that makes thos of us who hack mobile phones terrorists or something?

    I would think that if you follow this logic, Verizon crippling their handsets so that customers can't access their own copyrighted works (pictures they've taken and messages they've received) without paying $0.25 is also a terrorist. I can live with that.

    1. Re:I'm screwed then by Comboman · · Score: 1

      Terrorists? I think you are confusing the Digital Millennium Copyright Act (1998) with the Patriot Act (2001). Yes they are both retarded laws rammed through congress with little thought to the consequences, but they are different retarded laws. One turns law-abiding citizens into pirates, the other turns them into terrorists.

      --
      Support Right To Repair Legislation.
  5. fraud? by wannasleep · · Score: 1

    Most of the times, locked phones are a fraud. Why? Nowhere it is written that you can only use them with a certain provider. You buy a phone, not a phone that will work with (put your provider name).
    I dumped T-Mobile because they wouldn't unlock their phone (although they promised they would). And I bought an unlocked one. Screw them.

    1. Re:fraud? by tomstdenis · · Score: 1

      Worse than that, where do you go to buy a phone outright without strings? Sure off the net maybe... I made the mistake of buying a phone from a RADIO SHACK which was locked to Rogers... I bought the phone for $300 [e.g. no service plan] then I put a friends sim in and boom no work. Cell phones are scam for that reason and also the concept of "airtime" which isn't required either.

      This is how you get rid of airtime.

      1. Give everyone total random access to the network
      2. Prioritize callers based on the time they used that day.
      3. Bounce calls off when slots are not available to give priority to those who haven't used the line as much.

      That way no one set of users can lock others off, you can talk as much as you want [can] and when you've been using it more than others you get lower priority [obviously put things like 911 as a special case].

      But of course nobody will ever do that because they can't fucking rape you seven ways from sunday if they're not using archaic billing models.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:fraud? by wannasleep · · Score: 1

      I bought it in Europe :)

    3. Re:fraud? by AngelfMercy · · Score: 1

      This is how you get rid of airtime.

      1. Give everyone total random access to the network

      2. Prioritize callers based on the time they used that day.

      3. Bounce calls off when slots are not available to give priority to those who haven't used the line as much.


      That has to be the absolute dumbest idea I have ever heard. What about service reliability? How is a cellphone supposed to be viable for any business use if making a call is a crap shoot?

      --
      -nando
    4. Re:fraud? by thelonestranger · · Score: 1

      So if I've been using the phone a lot recently I get prioritized down so that when I need to make another call I get a message saying "sorry you've talked to much today, give someone else a chance." ? Im sorry but this just wouldn't work. The reason I have a mobile phone is for the convinience of being able to make a call whenever I want to. I dont want to be stuck in a broken down car and have my mobile tell me Im not allowed to make a call because I've already used my 10 minutes that day. I apologise if Im being dumb and misunderstanding your idea, but I just dont see it taking off.

      --
      To err is human. To forgive is not company policy.
    5. Re:fraud? by tomstdenis · · Score: 0, Troll

      No, you don't automatically get kicked. You get kicked when other people want to use it.

      THATS HOW IT WORKS NOW ANYWAYS.

      There are finite number of slots. Ever get kicked off at busy airport? That's because when 1000 people all of a sudden try to call and there are only slots for 100 people you're not getting far.

      With this idea you share the network [omg he said share, teh ghey!] with others. So that if you're a not stop talking drama queen bitch, you'll get silenced once in a while as others want to use it.

      IN RETURN:

      You pay 20$ a month for ANY TIME, ANY WHERE, ANY LENGTH calls.

      Wow, that's hard.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:fraud? by tomstdenis · · Score: 0, Flamebait

      You have an equal chance of booting someone off. So here's the thing, if you're a talking whore you can always get a landline.

      The bandwidth is a finite resource. So why should I be left off because you're talking on the phone? Or put it in your terms. What if I got on the phone first. Why should YOU be left off because I simply must talk to the ever important client every waking moment of my life...

      I mean I fly internationally doing business and I wait to get to the clients to talk with them. I don't see why others think themselves soo important that they can't wait 30 minutes to get to the hotel to check their email, they must call, and use a blackberry, etc...

      Since we're already sharing the damn bandwidth why not share the cost too?

      If you're in a NAT with [say] your neighbour. You both can't use 100% of the bandwidth at once, but you both pay 50% of the cost. So you have to either deal with always getting 50% or you have to share [e.g. tell your neighbour you need to download an ISO]. Why is that such a bad idea? For basically 99% of the time you get a speedy service [I shared my cable modem between 5 people and still managed 100% bandwidth most of the time] and you don't pay through the nose.

      How is this any different than a co-operative cell network?

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:fraud? by thelonestranger · · Score: 1

      Sorry, I still think its one of the dumbest ideas I've heard in a while. Take your chances with a free network that may stop you from makin a call at a crucial moment, ooorrrr,,,,,pay $20 a month for a connection that lets you make calls whenever you want. 1)How many people do you think would risk the free service and 2) How is people paying $20 for a connection any different from now?

      --
      To err is human. To forgive is not company policy.
    8. Re:fraud? by AngelfMercy · · Score: 1

      Or just maybe you are in a field where you depend on your cellphone to recieve your assignments and/or speak to clients. . .you could be, I dunno, a journalist or a photographer. . .or hell, how about a contractor. Tell those people to keep their pants on and just drive to their office/hotelroom/bungalow/tent in the forrest to make their all important phonecalls that keep bread on their table and a roof over their children's heads.

      --
      -nando
    9. Re:fraud? by tomstdenis · · Score: 1

      It isn't a free service. You still pay for the network. Just instead of paying 40, 50, $100 a month for a useful service you pay a FLAT fee of $20 [including the service charges, fees, etc, cuz a lot of $20 plans end up costing $40 when all is said and done].

      The simple fact of the matter is you already do share the network. Except now it's mostly a first come first serve basis. And don't even bother with "I don't care because my company pays for it" because that cuts into your bottom line [e.g. layoffs, salary caps or decreases, etc].

      It's the same thing with your ISP. Your ISP gives you a 5Mbit pipe but their pipe(s) outwards has limits. You're sharing it first serve first come with everyone else. When you're not first you bitch right? Stupid net, it's slow again! right?

      Or do you like getting "peak hour slow downs"?

      Tom

      --
      Someday, I'll have a real sig.
    10. Re:fraud? by thelonestranger · · Score: 1

      Hehehe, I live 20 metres from the exchange, I am first. Obviously the cost of mobile services is a lot more of an issue in America than it is in England. I pay £6 a month for my mobile line with free anytime calls included so I'm quite happy with that. No Will I Get A Call This Time Lottery for me thanks all the same.

      --
      To err is human. To forgive is not company policy.
    11. Re:fraud? by tomstdenis · · Score: 1, Flamebait

      So what? Because you want to drive up the use of a network *I* have to pay for it?

      First off, cell towers are rarely full in most areas outside of perhaps airports. So you're not going to get bumped unless a lot of people are trying to make a call on the particular tower you're on.

      Second, you're sharing it already. It is possible that you pick up your cell phone, try to dial and you get rejected. That's entirely possible [goes hand in hand with the first].

      Third, it's possible I stay on the phone long enough to piss you off anyways. With my scheme you'll have a chance to bounce me.

      So what it boils down to you either think cell towers are always busy or you want to be able to take time away from me to access the network. In short, you're self-important.

      Tom

      --
      Someday, I'll have a real sig.
    12. Re:fraud? by surprise_audit · · Score: 1

      I got my son's old phone unlocked for $20 at a local phone repair shop. It was an AT&T phone, and I wanted to use it on a Cingular calling plan... Never mind that they're the same damned company now, I couldn't get an unlock code from them, so I went private. Works just great, especially since Cingular replaced the SIM card for free - that should have cost $25, so I figure I'm ahead of the game...

  6. Locking Phones is Illegal... by Nuclear+Elephant · · Score: 4, Interesting

    ... in many countries already. And soon (I hope) it may be in the US. We're working with a few congressmen who asked us to help with a bill that's been drawn up.

    1. Re:Locking Phones is Illegal... by Rude+Turnip · · Score: 1

      Since Congress is controlled by the Republicans at the moment, I would suggest you add some language to your arguments that locking cell phones goes against President Bush's idea of private property and an ownership society."

    2. Re:Locking Phones is Illegal... by KillShill · · Score: 1

      too bad they won't make it (as if it isn't already) illegal to lock consoles.

      same issue but people argue in favor of manufacturers instead of property owners.

      --
      Science : Proprietary , Knowledge : Open Source
    3. Re:Locking Phones is Illegal... by Kingrames · · Score: 1

      Where can we sign up to help out with that project? is there a petition we can sign, or an email we can send to our congressmen/women?

      --
      If you can read this, I forgot to post anonymously.
    4. Re:Locking Phones is Illegal... by Anonymous Coward · · Score: 0

      There's gotta be enough stew in this pot for a class action suit. You wouldn't even have to mess with a bill. Even if you want to justify having a lock for the initial purchase contract period, it shouldn't even cost the owner of the handset to get it unlocked following that period. I have two accounts with Cingular I have had for YEARS, and a Motorola handset my business bought with an ATT account, which was fulfilled, before the merger. I switched my business phones to a third carrier, and now want to use my ATT handset for one of my Cingular accounts. You don't imagine anyone would be willing to unlock me?

  7. Check the direction by Geekboy(Wizard) · · Score: 3, Informative

    boingboing linked to the Wired article. So of course they would have the exact same quote.

    1. Re:Check the direction by empaler · · Score: 0

      Yes, because historically speaking, Wired articles are extremely short and sparse on information. That's why they'd use the same quotes.

    2. Re:Check the direction by pokka · · Score: 2, Informative

      That doesn't excuse the submitter from plagiarizing the non-quoted part of the boingboing article (and he was quoted almost verbatim - the first two sentences are identical). Regardless of how easy it might be to write copy, it's still someone's work and should at least have been attributed to its author.

  8. I disagree by Anonymous Coward · · Score: 3, Insightful

    The difference between cracking software and unlocking a cell phone is that the software inside the phone has an option for unlocking. The key is having the code and entering it. If the cell companies don't like it then they should require the manufacturers to remove that functionality from their products. The fact of the matter is that no company will want to do that since the same phone can be used on many networks with the same QA'd software. Now when I sign that contract with the cell company, they say that I will keep my contract for X amount of months. If I break it, then I pay for termination fee. Whether I choose to unlock the phone prior to or after that point is not the right of the company to dictate. I didn't license the phone from them nor did I lease it. I bought a physical appliance that is in my possession. Where I go from there after fulfilling the termination free requirements of my contract is my business. If the cell companies don't like it, then they need to stop subsidizing phones at low prices, lease phones that the consumer never truely owns, or come up with a pricing model and service quality level that will keep customers. Using the law to prevent me from doing something with a piece of equipment that I own is not their right once they have sold it to me.

    -----

    Bored? Enjoy the Laughs. (best forum on the 'net)

    1. Re:I disagree by Woody77 · · Score: 1

      The new phones that I've seen, when I recently switched providers, all appear to be running custom firmware for each provider. So, in essence, while you can get phone A hardware for 2 different networks, the software is more than locked to one of those networks, it was written solely to work with that network.

      But this is probably also to do with the way CDMA works vs. GSM. The CDMA phones do data differently on different networks, so when a sprint phone roams digital to verizon, no data, and vice versa).

      GSM, having a real data standard, seems to not have this problem.

  9. Oh yeah? Was: Re:Sounds good to me by TA · · Score: 1

    There are several arguments: One (as mentioned in the original article) is when you're travelling elsewhere and your phone is either prohibitively expensive to use if roaming, or you can't use your provider at all. You would want a local SIM card then. A second, and in my opinion extremely valid reason, is when the phone company fails to unlock or provide you with the means to unlock your phone after the contractual period has expired. I had to use one of those services myself on one occation because of this (my parents were stuck without a working phone in a foreign country, I managed to talk them through the unlock procedure over a borrowed phone). And I also own one phone myself that is locked to one provider, five years after they were supposed to unlock it according to local telecommunication laws. Unfortunately the internet unlock companies don't have a procedure for this brand of phone.

    1. Re:Oh yeah? Was: Re:Sounds good to me by AndersOSU · · Score: 1

      I haven't done much digging into the availability of unlocked phones, but if they are very hard or impossible to come by then yes I see the problem.

      However, if you have the choice of either buying an expensive unlocked phone, or a cheap locked in phone if the service provider sells you a cheep phone they can lock it in forever for all I care. Thats the trade off of getting it cheap.

      I'm sure my phone is locked in, and if I feel the need to switch carriers I'll just get another cheap phone from another company. Cell phone service providers offer cell phones as a loss leader, if I were in their buisness you better believe I'd do everything to keep that phone carrying only my signal. You paid for hardware that will operate on thier network, they are under no obligation to make the phone work on any network, even if the phone is capable of that.

      So long as they don't mis-represent the handset, and it is feasable to purchase an unlocked phone if you so desire it seems like a good buisness practice to me.

    2. Re:Oh yeah? Was: Re:Sounds good to me by JesseL · · Score: 2, Insightful

      Of course it makes good business sense for the the cell providers to try to make sure that the phones they sell stay locked. But is it ethical for them to try to control someone else's property once the contractual obligations are satisfied? Should it be okay for companies to (ab)use the DMCA to prop up their business models at the expens of the public?

      --
      "Prefiero morir de pie que vivir siempre arrodillado!"
    3. Re:Oh yeah? Was: Re:Sounds good to me by tricorn · · Score: 1

      If they're subsidizing the phone (with my money, ultimately), then they shouldn't have a problem with offering a cheaper contract if I provide my own phone, right? That they don't shows they have too much of a monopoly position (either in a specific area, or simply that they are all acting in collusion).

  10. Which mobile phone company? by Geekboy(Wizard) · · Score: 1

    Which mobile phone company did this? I'ma put on my walking shoes, and spend my money with a different company.

    (Article doesn't say which company, but it can only be Cingular or T-Mobile. (Large, and unlocking implies GSM))

    1. Re:Which mobile phone company? by bhtooefr · · Score: 2, Insightful

      Actually, unlocking can mean CDMA.

      Sprint and Verizon's phones are locked, IIRC.

      Sprint will not accept a pre-unlocked phone - it must have been locked to Sprint when it was new, AFAICT.

      Verizon and Alltel will accept phones from any CDMA network, as long as they are unlocked, and (IIRC) Alltel will unlock a Verizon phone for you.

    2. Re:Which mobile phone company? by Anonymous Coward · · Score: 0

      I would bet anything that the unnamed mobile phone company is Cingular. T-Mobile WILL unlock your phone after you have been a paying customer for 90 days. You have to call customer service and give them a song and dance routine on why you want it unlocked, but they will give you the codes. They did that for me. Cingular has been known for a long time for refusing to unlock their phones for any reasons.
      I'm sure that CDMA phones can be unlocked too, but since CDMA coverage is basically a joke in most foreign countries, I agree that certainly this is about GSM phones.

    3. Re:Which mobile phone company? by squiggleslash · · Score: 3, Interesting
      Yeah, but it's not likely to be a IS95 operator. For the most part, the phones sold by IS95 operators in the US can only be used on US networks because few accept SIM cards, and most of the operators outside of the US that use "IS95" use a slightly better variant that does use them, as I understand it.

      Most US operators know that they'd be no better or worse off if there was a culture of unlocking that still limited US phones to US customers. What they'd lose by someone switching to Verizon from Sprint after two years without forcing Verizon to pay out a phone subsidy, they'd gain in having an ex-Verizon customer do the same thing. Where it becomes problematic is where people are able to sign up for contracts (or just prepaid service, which is also subsidized, only to a lesser degree), and then skip out of the country, reselling the phone in a market where economic conditions are substantially different. If the subsidies are leaving the country, and are essentially unrecoverable, then you lose.

      It's not impossible of course. This could be as simple as a company being bloody-minded. But right now I think it's substantially more likely that it's Cingular, or maybe - at a stretch - T-Mobile. Cingular doesn't usually unlock phones (and contrary to some reports, while they shipped some world phones unlocked, most of their phones including their world phones certainly are locked, I've read a number of "sob-stories" from people who bought Cingular RAZRs and planned to use them outside the country using prepaid GSM SIMs and found they couldn't), T-Mobile has a policy that it will after someone's been a customer in good standing for three months.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Which mobile phone company? by Subliminal+Fusion · · Score: 1

      Both Cingular and T-Mobile lock their phones however the difference is that T-Mobile will unlock after 90 days of service and Cingular will never unlock your phone (even when you're out of contract). That was one of the big reasons (besides the additional minutes for less money) that I moved to T-Mobile.

    5. Re:Which mobile phone company? by Anonymous Coward · · Score: 0

      Cingular will unlock phones, their actual policy requires that they email a department to request an unlock, or a store can do it. However...

      You have to buy a world phone.
      You have to say you are going to a country that they do not have a roaming agreement with.
      If you have former AT&T Wireless service, you are SOL, as nobody in the company, I repeat -NOBODY- can unlock an AT&T Wireless phone unless it's a blackberry, and even then you need to talk to the international wireless care department which is the only department that is trained to do everything. You'd have better luck googling for how to pay someone 50$ to unlock the phone, which brings us back to the purpose of the slashdot article.

  11. Getting things confused by scronline · · Score: 3, Informative

    Mobile phone companies means manufacturers. Why then, was mobile phone service providers talked about in the article? They actually lose money on the phones or make such a small amount they would prefer to just sign you up for the contract. It's the phone manufacturer that wants to be able to sell you the phone for a different service provider. I just felt I needed to say that. I really dislike disinformation...which is why I don't watch the news.

  12. The right to unlock has precedent by erroneus · · Score: 5, Informative

    Back when there was but one Bell telephone, there arose an issue with "Other than Bell" equipment on a Bell phone line. If I understand how the story goes, it went to the supreme court and they said "people have the right to use any phone they like and should not be locked into buying from a monopolistic vendor."

    These locked phones are essentially the same thing where they are using this practice as a means to keep people from migrating from one service to another. It also serves to prevent any resale value for any equipment that someone may own which is also bad for the consumer.

    This situation, if tested is court, will be an easy win for the consumer. I have no doubt on that.

    1. Re:The right to unlock has precedent by erroneus · · Score: 1

      ...and while we're on the subject, I have a Japanese (vodafone) Nokia 6630 phone that I'd really love to unlock. So far, one place I took it to said they couldn't and another shop I have yet to visit says that they can. Online searches so far say it can't be done...yet. Anyone have any info into this?

    2. Re:The right to unlock has precedent by enigma48 · · Score: 1

      I'm glad you're not my lawyer.

      I've heard the same sort of story mentioned about the Bell of yesteryear but the situation today is entirely different. Customers aren't buying service from a government-sanctioned monopoly - they have several choices of major carriers and many more minor carriers to choose from. With each carrier they have several choices of phones, contracts (or not), options, etc. Even reactivating 4 year old phones is possible - worst case scenario, you have to activate with the original carrier.

      Customers have been choosing the cheapest option because of a lack of understanding in the contract they've signed, laziness, sales pressure, etc, etc. But it comes down to this: customers have chosen not to care about locked/unlocked phones. If it's locked, fine, in two years they buy a new phone and repeat the cycle.

      Think of it this way: if the majority of people were outraged that their phone was locked, wouldn't they do something? Yell at customer service, complain to the dealer, look into other options, talk to other friends, etc? (note: I didn't say they'd do something effective, just something)

      A minority (like myself) have explored options and changed how we buy phones. The majority aren't angry enough to do this. People have choice (few 'need' to buy a cell phone) and they've decided with their wallets that the current system is good enough.

      Still, I'm glad there is a minority of people who are challenging the system. I think companies should have a much more active role in making sure customers fully understand their choices and the consequences. Right now, too many care about the commissions so they push their $0 phones with 3-year contracts.

    3. Re:The right to unlock has precedent by erroneus · · Score: 1

      It costs even MORE to fight the stuff they hate. The fact that people hate paying more than $3(US)/Gallon of gasoline seems to nullify your argument as access to alternative fuels and other such are simply beyond the reach of the average person. We don't stop buying gasoline because our lives literally depend on our ability to get from here to there. The same argument can be made for phones as we are expected to be able to communicate to be effective in our daily lives. An increasing number of people have divested themselves of POTS telephone service in favor of mobile/wireless service so "wireless" is no longer a frill or an unnecessary expense in daily living, especially in those circumstances.

      The fact that people are not fighting or complaining in a way that you have noticed is not an indication that the public is unharmed by this practice nor is it indication that it should be considered acceptable.

      And finally, the argument that we should be allowed to do anything we like with equipment we own doesn't really fit in this discussion but should be mentioned simply because it's valid. Once we OWN a device, we should be able to do anything with it we want so long as it doesn't break any other law such as copyright, patent, or others as dictated by the FCC. Merely making a phone available for use with other providers does not infringe on any proprietary information... if it were to, it wouldn't be the cell carrier's information but that of the phone manufacturer's proprietary information.

      That said, just about any carrier out there can do what Sprint does -- contract manufacturers to make phones that will only operate on their proprietary communications infrastructure. Then no amount of "unlocking" would help really...a Sprint phone is a Sprint phone and will never be anything else. (This is why I will never use Sprint again!)

    4. Re:The right to unlock has precedent by Dun+Malg · · Score: 1
      ...and while we're on the subject, I have a Japanese (vodafone) Nokia 6630 phone that I'd really love to unlock. So far, one place I took it to said they couldn't and another shop I have yet to visit says that they can. Online searches so far say it can't be done...yet. Anyone have any info into this?

      Dunno what search terms you used, but online searches for "unlock 6630" tell me it can be unlocked.

      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:The right to unlock has precedent by enigma48 · · Score: 1

      Re: Gas

      $3 may be expensive, but it'll cost thousands to refit your car or tens of thousands for a new car. Once you do that, you're only guaranteed a short-term gain as alternatives such as natural gas are also increasing in price.

      I won't argue about giving up a landline, but realize that this was a choice. People who go wireless have chosen to go with wireless service - if they had a truly, deeply horrible experience with locked phones, they would choose another alternative. VOIP is another choice with lower rates and AFAIK no lock-in.

      The fact that people are not fighting or complaining in a way that you have noticed is not an indication that the public is unharmed by this practice nor is it indication that it should be considered acceptable.

      Again, I agree - the public is being "harmed". Most people even know it, just ask people their opinion of their cell service. Locked phones are part of that but not enough for people to stop using them or to seriously demand a change. Number portability was a big enough issue with customers to gain politcal support and in several countries is now possible. Locked phones simply isn't.

      re: ownership rights

      I think it's a little unfair to say that you can do what you want just because you own something, but I'm still working on this idea. If you have a choice in cell phones and companies, I think it's a little selfish to go with a Sprint phone because it's cheaper (read: subsidized) then lock it and take it elsewhere. Mind you, I've broken this rule in the past - the cheaper option has a powerful pull but I'm under no illusion now that what I did was "right."

      If I borrow money from the bank to buy a house, generally I have to use it for this purpose - but I get flexible repayment options, a lower rate, etc. If I borrowed money from a friend to pay my tuition and they say it *must* be for school, I *should* get smacked upside the head if I go on a pub crawl with the cash. Just because a big, faceless corporation is involved doesn't mean it's suddenly ok to screw them over.

      That being said, carriers haven't been as open with customers as they should be (IMHO). I hope they get slapped upside the head for some of the crap they pull. But I'm sticking by my opinion that carriers have the *right* to make a phone locked and the majority of customers aren't angry/harmed enough to look for unlocked phones.

    6. Re:The right to unlock has precedent by bnenning · · Score: 1

      If you have a choice in cell phones and companies, I think it's a little selfish to go with a Sprint phone because it's cheaper (read: subsidized) then lock it and take it elsewhere.

      Why? How is that different from taking advantage of any other discount or loss leader?

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    7. Re:The right to unlock has precedent by enigma48 · · Score: 1

      A loss leader's "buying contract" is 'come on in, buy me' with the company *hoping* you buy other stuff too. A locked cell phone is a company saying "guarantee us future business and we'll save you some cash right now." The former has no manditory conditions, the latter has you signing a contract where you promise something and the carrier promises something in return.

      If you borrowed a lawnmower off a friend for $20, you're trading promises. Just because you later found a store renting them out at $10 doesn't allow you to change your promise with your friend (mind you, if you ASK them, they may be ok with less money).

      Now if there were *no* unlocked phones on Earth, that's one thing. But several carriers sell unlocked phones. They cost more, you might not like the plan the carrier offers, but you have a choice. If phone A is locked and has a good plan but B is unlocked with a shitty plan, if you **hate** locked phones, then B is the moral option. Unlocking phone A without the carrier's permission is selfish, wrong, and is something you promised not to do to get the discounted price.

      If people don't like locked phones, don't buy them. If you don't have this option, start talking with other people like you in your area and try your best to convince the carriers to change their minds. Get the right salesperson and you'll probably succeed.

      I'm *not* saying people should go to jail for this, that this is an offense that should be severely punished. I'm just saying that screwing a faceless company because you don't like your options is "not good".

  13. Before the "razor blade model"... by GillBates0 · · Score: 0, Troll
    Companies have been using the razor blade business model to guarantee a steady stream of revenue ever since, well, the razor blade.

    People went: "Like OMG":

    "Bullock carts sell cheap, it's always those flimsy bullock cart wheels that cost a fortune."
    "Horses come cheap, it's the price of horsewhips that the horse companies are after."
    "Rocks are a dime a dozen, it's the exorbitantly priced firewood that the wood companies fleece you with."

    Now it's all like OMG "they're using teh razor blade model". Times are a changing.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  14. Unlocked Phones Exist... by DigitalSorceress · · Score: 4, Insightful

    I use a Motorola phone I got through Cingular. They sell the Motorola "World Phones" all unlocked.

    Sure, the phone company subsidizes your phone hardware by locking you into a certain term length of contract... So, if you unlock your phone and use it with another provider, YOU'RE STILL STUCK WITH THE TERMS OF THE CONTRACT. Therefore, what's the point of worrying about locking the customer out? A contract's a contract.

    The REAL reason a lot of these cell companies worry about "unlocking" is the data transfer. I never paid for a single ringtone... I connect my data cable to my phone (or use my handheld with Bluetooth) and drop MP3s of my choice on the phone. I also "hacked" it (using a combination of the Programmer Service Tools and something called SIStorGSM) to remove the crap stock ringtones and images that I never used, thus freeing up more space for my own media. Great! Now, I'm a criminal?

    This DRM stuff really pisses me off... I really do try to be a law-abiding person. I pay for my software, my movies, DVDs of TV series I love, even music CDs; all of which I COULD have pirated off the 'net... but the more DRM the Intellectual Property crowd puts in, the more they say to me "You're ALL guilty of being pirates" and the more I say "Well, if you're going to consider me guilty anyway, why do I care so much for trying to 'do the right thing'"

    --

    The Digital Sorceress
    1. Re:Unlocked Phones Exist... by interiot · · Score: 1
      YOU'RE STILL STUCK WITH THE TERMS OF THE CONTRACT

      I can second that. I obtained a phone from an outside source, and while the phone was unlocked and could be connected to any carrier, I was still bound by contract to remain with my carrier for a year, with something like a $250 penalty, even though they didn't subsidize my phone whatsoever.

    2. Re:Unlocked Phones Exist... by jeaton · · Score: 1
      I also "hacked" it (using a combination of the Programmer Service Tools and something called SIStorGSM)
      ...
      I pay for my software, my movies, DVDs of TV series I love, even music CDs


      Did you pay for the Programmer Service Tools software which you used to "hack" your phone? If not, you contradicted yourself.

      Or does copyright not apply when it is inconvient?
    3. Re:Unlocked Phones Exist... by mobby_6kl · · Score: 1

      > Therefore, what's the point of worrying about locking the customer out?

      They want you to spend as much as possible? If you use their phone with another carrier, they get the monthly fee but nothing extra.

    4. Re:Unlocked Phones Exist... by Hamhock · · Score: 1
      I pay for my software, my movies, DVDs of TV series I love, even music CDs;

      Right, but did you pay for your cell phone? You paid only a part of what the phone actually costs. They are selling it to you at a loss, so they can recoup said loss on other money making schemes, which is their right, and it's what you agreed to when you bought your phone. Perhaps we need two pricing models for phones. One that models the existing system, and one that allows you to pay the full price for a phone, but doesn't place any restrictions on it's use.

      --
      Two Minus Three Equals Negative Fun -Troy McClure
    5. Re:Unlocked Phones Exist... by HTL2001 · · Score: 1

      Does that program require a licence to be bought?

      --
      By reading this, you have given me brief control of your mind.
    6. Re:Unlocked Phones Exist... by Subliminal+Fusion · · Score: 1

      Wow for someone who has "hacked" their phone, your really don't understand the basics of this whole issue. Unlocking refers to carrier lock-ins, not the ability to do things on your phone. Yes, there are other carrier specific customizations and things that may be disabled, but you can clear those and still be locked to your carrier. Your post completely misses the mark on this, as do the replies below you.

      The REAL reason cell phone companies don't want you to unlock your phone is because you could then use it with another carrier, drying up their revenue stream from you (after your contract with them is up, if you jump ship during the contract period, you're contractually obligated to pay hundreds of dollars for breaking said contract). It has NOTHING to do with DRM and MP3 ringtones.

    7. Re:Unlocked Phones Exist... by Secrity · · Score: 1

      "Perhaps we need two pricing models for phones. One that models the existing system, and one that allows you to pay the full price for a phone, but doesn't place any restrictions on it's use."

      This two tiered pricing model already exists with almost all phones sold in the US, and I suspect in other countries as well. There are also two major flaws in this idea: One flaw is that in the US even the full price phones are locked and remain locked (frequently with some very desirable features crippled). The other flaw in your idea is that the phones remain locked even after the contract period is up and the phone subsidy is payed off. There is a third possible flaw and that involves the fact that there is an early contract termination fee.

    8. Re:Unlocked Phones Exist... by DigitalSorceress · · Score: 1

      I did in fact put "hacked" in quotes because I merely found and used tools that someone else created - something anyone could have done...

      Yes, I understand about carrier lock-ins, it's actually called a subsidy lock - as in, "we subsidized your phone, so we are locking you in"

      My points were two-fold:

      1) that the subsidy lock (carrier lock or whatever you wish to call it) is hardly necessary since you're bound by the terms of the contract whether or not you switch your phone to another carrier or pop in an Orange Card while you're in the UK.

      2) It IS necessary to use "hacking tools" to access certain areas of the phone's memory. The commercial dataPilot and other data transfer programs are deliberately hobbled in this regard. Among other things, the extra level of access allows you to delete the default ring tones (something you can't do with the phone or with commercial phone data programs) back up your purchased ringtones (something you CAN'T do on many phones as the providers are far too happy to charge you for the tones you've already bought if you change phones) change the default startup screens, remove and install JAMDAT games, etc.

      So, I understand why you say it's not what the unlocking penalties are for, but My point is that they DO INDEED care about ringtones and MP3s. Cell Phones are a revenue gold mine for the carriers - ringtones and other downloadable content are a significant and profitable business around the world, not just in the US. My concern is the over-all trend of crippling the consumers abilities to use their hardware as they see fit, and using the DMCA as a club... with a nail in it... on fire.

      --

      The Digital Sorceress
  15. D.M.C.A. by broothal · · Score: 3, Funny

    I'm getting so frustrated over all these DMCA issues that I have to get up and do something physical. So, now I sing the Y.M.C.A. song and dance the dance, but using the DMCA acronym and ending it with a big pelvis thrust.

    After I started doing that, I stopped posting silly comments on slashdot... oh wait..

  16. I don't get it by forrestt · · Score: 3, Insightful

    Why are the phone companies concerned w/ the phone being locked or not. If I bought a one cent phone, and had to sign up for a two year contract to get it, then I am stuck in a two year contract. If I mod the phone, I am still stuck in a two year contract. If I jump up and down on the phone, I am still stuck in a two year contract. If I play some skeet shooting w/ the phone as the pigeon, I am still stuck in a two year contract. If I sign up for service with another provider in another country w/ the same phone, how is this hurting the first company? In other words, they are still getting the money from me according to the contract, so why do they care?

    1. Re:I don't get it by Anonymous Coward · · Score: 0

      The way they want it to be is for you to have to buy another phone to use another carrier, but, if you keep your current phone and pay them, continuously, for the rest of your life, and then maybe more, you wouldn't have to buy another phone! Think of all the savings!

    2. Re:I don't get it by Chyeld · · Score: 2, Informative

      Because it's not just unlocking your phone to use other networks, it's unlocking features such as custom ring tones, unrestricted bluetooth, and etc., which the networks normally charge hefty fee for limited use of.

      I hope that this gets slapped silly in court. If the networks want to control my phone they need to either rent it to me, actually sell me a phone which isn't capable of doing the things they don't want me to be capable of, or actually write into the contract that I won't do certain things while the contract lasts.

    3. Re:I don't get it by surprise_audit · · Score: 1
      Exactly!! You're stuck with the contract, or you pay them to get out of it early. How do they lose??

      They lose if, at the end of the contract, you take your business, and your phone, elsewhere. Never mind that you piad back more than the phone cost during the contract...

    4. Re:I don't get it by GNU(slash)Nickname · · Score: 1
      Partly because international roaming is a HUGE cash cow.

      I live in Canada, and I pay from 10x (in the US) up to 25x (most of Europe) of my domestic rate to use my phone in a foreign country. With an unlocked phone, I can get a SIM card from a local provider instead. Then I forward my cell to my desk phone and forward my desk phone to the new provider's number. (This forwards my calls for about 10% of the cell provider's cost.)

      Total savings? One metric assload of money every time I travel.

  17. Won't hold up. by mindstrm · · Score: 2, Insightful

    Won't hold up, same as the Lexmark case.

    Further.. if it does hold up, this is just further evidence that the DMCA is very badly written.

    Even if you are a very strong proponent of stricter copyrights, this is outside the intended scope of the DMCA.

    The locking mechanism is there to prevent using competing SIM cards on the phone, not to protect access to a work under copyright.

  18. Easy! by chrisbtoo · · Score: 4, Interesting

    [U]nlock[ing ...] handsets violate the DMCA. [...] Those who travel internationally, want more choice.

    So unlock them in a country that doesn't have the DMCA. No problem.

    --
    Registering accounts later than some other chrisb since 1997
    1. Re:Easy! by Frank+T.+Lofaro+Jr. · · Score: 1

      Eventually that could be illegal.

      Leaving the US with intent to avoid DMCA provisions - you are committing the crime in the US - which is leaving or planning to leave with intent to avoid the DMCA. - pseudoextraterrorial jurisdiction.

      Eventually they might even do this:

      Making it illegal for any US citizen to do something outside the US which would be a violation of the DMCA at home.

      - true extraterroritorial jurisdiction.

      The first, and then the second were made illegal with regards to perverts who wished to avoid the age of consent. Since the precident was used against sickos, no one complained. But now it is a precedent which can be used for other things - and the Republicans care far more about make the rich richer, and the Democrats care far more about appeasing their Hollywood power base than either of them ever did about the children - and hackers are lumped in with terrorists - so expect a nice bipartisan "anti-terrorist" anti-hacker push to add the above extraterroritorial provisions to the DMCA.

      You can run, but you can't hide.

      You have to fight.

      Or enter a world where you own nothing, just like Soviet Russia (not joking).

      --
      Just because it CAN be done, doesn't mean it should!
    2. Re:Easy! by kwalker · · Score: 1

      And never return to the US, since now you're a criminal there.

      --
      ... And so it comes to this.
    3. Re:Easy! by Bake · · Score: 1

      Then why isn't the border patrol actively stopping everybody under the age of 21 on their way to Mexico or Canada where the legal drinking age is 18?

      The people in question are clearly leaving the country with the intent to avoid the drinking limit in their state.

    4. Re:Easy! by Anonymous Coward · · Score: 0

      Border patrol? We have a border patrol? Coulda fooled me, every other person is an illegal where I live!

    5. Re:Easy! by Frank+T.+Lofaro+Jr. · · Score: 1

      Don't give them any ideas!

      Anyway, the whole drinking age thing is because of DUIs, so we probably would rather export that problem.

      BTW: They drive better in Tijuana, Mexico than in Las Vegas, Nevada!

      They actually stop for pedestrians instead of trying to run them over. And in Vegas, making a lane change is quite an experience - people try to stop you from doing so quite often.

      --
      Just because it CAN be done, doesn't mean it should!
  19. Not to mention by WormholeFiend · · Score: 1

    how hard it is to load a Java game into a cellphone.

    Even if you buy a game downloaded directly into the phone, you only have limited memory, so if you want to archive your game to your computer in order to make room for other games, it's also a pain in the ass to do.

    My previous phone came with a few games installed, but my new phone came with this one game, and after a few minutes of playing, the game stopped and said "thanks for playing the demo, press here to buy and download the full version".

    I flushed this useless POCware from my cellphone then and there.

  20. Thrown out by kidtux1 · · Score: 1

    Hopefully this will get thrown out the same way the lexmark case did. It's obvious these companies are just doing this to make money knowing there really isn't anything wrong with it. --http://www.kunae.blogspot.com/

  21. Strange. by thelonestranger · · Score: 4, Informative

    I've had two phones from Vodaphone and two from T-mobile, my girlfriend has had one from Vodaphone & 2 from O2. None of these phones was ever locked and we were free to put a SIM from another network into these phones at anytime. The only time I've seen locked phones on contracts is with Orange and Virgin. A good rule of thumb is that if the handset your buying/getting on contract has a network providers logo printed on it the its more than likely locked. This seems to be the case with all Pay As You Go phones and Orange contract phones.

    --
    To err is human. To forgive is not company policy.
    1. Re:Strange. by fredistheking · · Score: 1

      My T-mobie phone is locked to my sim. I was traveling in the UK and ironically I could see the T-mobile service network but I couldn't access it.

    2. Re:Strange. by thelonestranger · · Score: 1

      Welcome to T-Mobile ;)

      --
      To err is human. To forgive is not company policy.
  22. T-Mo will unlock after 90 days by winkydink · · Score: 2, Informative

    if you ask them.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  23. A year late... by Anonymous Coward · · Score: 1, Interesting

    But never too late!

    I came up with this idea about 2 years ago. Looks like they followed suit...

    (Still not logged in because slashdot still sucks)

  24. Sad thing is.. by elfguygmail.com · · Score: 1

    The sad thing is I submitted this story yesterday morning before it was appearing on BoingBoing and it got rejected. Not only is this old news now but the submitted copied it from another source.

    1. Re:Sad thing is.. by It+doesn't+come+easy · · Score: 0, Offtopic

      You are a victim of the arbitrary methods used to accept or reject submissions on Slashdot. Acceptance of a submission is subjective to the editor who reviews your story. Unfortuately, the people who run Slashdot feel this is perfectly acceptable and don't plan to change it any time soon.

      --
      The NSA: The only part of the US government that actually listens.
    2. Re:Sad thing is.. by calbanese · · Score: 3, Funny

      Try submitting it again in a few hours. I'm sure it will get posted again.

  25. I don't get it-Human Nature by Anonymous Coward · · Score: 0

    "Why are the phone companies concerned w/ the phone being locked or not. If I bought a one cent phone, and had to sign up for a two year contract to get it, then I am stuck in a two year contract. If I mod the phone, I am still stuck in a two year contract. If I jump up and down on the phone, I am still stuck in a two year contract. If I play some skeet shooting w/ the phone as the pigeon, I am still stuck in a two year contract. If I sign up for service with another provider in another country w/ the same phone, how is this hurting the first company? In other words, they are still getting the money from me according to the contract, so why do they care?"

    Well considering how slashdotters treat contracts (implicit or otherwise). e.g. [1] one shouldn't have to ask "why"?

    [1] Piracy, cable/satellite theft, abusing broadband TOS.

  26. No, it's NOT the "razor blade" model by JayBlalock · · Score: 4, Insightful
    There's one important difference. The razor blade model works because there is absolutely nothing useful one can do with a razor blade HANDLE without the blades.

    What these companies are doing is selling a VERY useful item at an incredible loss, and attempting to legislate the consumers' USE of the product. In a very real sense they are attempting to use social controls to *force* the public into doing business their way.

    This is, to my mind, outright evil for fairly obvious reasons. But from a strict business sense, it's idiocy. Look at Microsoft and the X-box. They sell a repackaged PC with crackable hardware at (we think) a loss... so they use laws and threats and intimidation to stop people from using their purchased X-Box as they see fit.

    That's not the razor blade model. I can't convert my razor blade handle into a hammer or screwdriver or something. But I CAN convert a mobile phone or an X-Box into something entirely useful that negates their business model. And all they can use are laws to force me to play the game their way. Laws that undermine the very definition of legal possession that is a requirement for a capitalist system to function.

    For if we don't have the right to use products we purchase as we please, what worth are they?

    --
    Bush: He's Liberal in all the wrong ways.
    1. Re:No, it's NOT the "razor blade" model by jollygreengiantlikes · · Score: 1

      From the standpoint of an engineer for a company that uses similar practices (give away hardware in return for continued use of a consumable product) in a completely un-related field, the cellphone companies are just trying to stay on the most direct path.

      There is no reason that they couldn't require you to sign a contract that would force you to pay the full cost of your phone if you decided to end your relationship with them. Why don't they? Because making it difficult for most people to unlock their phones is much more consumer friendly.

      Think about it. I'm not saying everyone should agree with me (nor do I particularly like this practice), but this is how I see it.

      JGG

    2. Re:No, it's NOT the "razor blade" model by pe1chl · · Score: 1

      The solution is simple: sell the phone for the realistic price. To allow everyone to own one, offer a postponed payment scheme (essentially a loan). Add a network subscription separately.
      Now everyone can switch to a different provider at will. Of course they are still obliged to payoff their loan.

    3. Re:No, it's NOT the "razor blade" model by Renraku · · Score: 1

      This man speaks truth.

      They're trying to get you to play their game, which they are very good at. And the law is stacked in their favor. Its like entering an arm wrestling contest with Vegita. And the law says you have to be a wimp, or you can't do it. Like the odds?

      You have more of a chance of beating Vegita in arm wrestling than you do getting Microsoft to have an eskimo pie and let you play with your hardware that you bought fair and square without hassle. They're trying to make it to where PCs are under their control, too...

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    4. Re:No, it's NOT the "razor blade" model by KillShill · · Score: 1

      it has nothing to do with the xbox being a "pc".

      all consoles are exactly the same from this point of view.

      they are just chips and wires.

      aka computers.

      the ps2 and GC process data in the same way that the xbox does.

      same "business model" as the mobile phone companies.

      yet i haven't seen more than 5 people on /. (geek paradise) suggest that people who buy a "console" actually own it.

      shame on you geeks.

      arguing against property rights... you ought to know better.

      i lost a lot of respect for geeks... they care more about shiny things than "things that matter".

      seeing as how CONgress is making it illegal for mobile phone manufacturers to lock their phones... they should be doing the same for consoles. locking YOUR property AFTER you buy it... doesn't that go against all the rules of commerce?

      it isn't a rental so you in fact do have EVERY right to fully access your property.

      but the ps3 can process 2 TRILLION!! instructions per second...

      oooh shiny nano.

      i don't care if it's a dog turd. if you buy it, you own it and it should be illegal for manufacturers to lock YOUR property.

      --
      Science : Proprietary , Knowledge : Open Source
  27. Either accept it is locked in or pay full price by mark2003 · · Score: 3, Insightful

    Phone handsets (at least the latest on the market) cost hundreds of dollars. When you sign up for a contract or buy a pre-pay handset you generally get them for a fraction of that price as the network makes the money back on the calls.

    If you allow customers to unlock their handsets then the neworks will put handset prices up sigificantly as they have to try to make a profit.

    So complain all you like about your rights - either you get stuck with one network for a period of time or you pay a lot more for handsets up front.

    1. Re:Either accept it is locked in or pay full price by Jon_Hanson · · Score: 2, Informative

      No. As has been stated earlier, whether or not you unlock your phone has no effect on still being bound by the terms of your contract. If you unlock your phone for the purposes of changing carriers before your current contract is up then you still have to pay the early termination fee where the carrier would recoup their subsidy (and then some, I'm guessing).

    2. Re:Either accept it is locked in or pay full price by Subliminal+Fusion · · Score: 1

      The problem with that logic is that you're still under contract. Take your business elsewhere before it's up and you're forced to pay very high cancelation costs (which more than make up for the phone subsidy). This is about the phone companies wanting to lock your phone that you have paid for (both in initial cost and service fees, which make up the difference between your initial cost and the real cost to the carrier) into their service for life even though you have other (possibly better) choices out there when your contract does expire.

  28. No man, THIS is the reason.... by LanMan04 · · Score: 2, Interesting

    Sure, the phone company subsidizes your phone hardware by locking you into a certain term length of contract... So, if you unlock your phone and use it with another provider, YOU'RE STILL STUCK WITH THE TERMS OF THE CONTRACT. Therefore, what's the point of worrying about locking the customer out? A contract's a contract.

    1) Sign up for cell phone service with the provider you want to stick with.
    2) For your free (or super-discounted) phone, get the most expensive one they have.
    3) Unlock that phone.
    4) Sell it on eBay as an unlocked phone for possibly more than retail price.
    5) PROFIT!!
    6) Buy the unlocked phone you really want from an online retailer.

    See, instead of your provider giving you some phone you don't want, they gave you its value in $$ which you applied to a phone you really wanted. That's what I did with T-mobile, and it got me $140 off a $230 phone I wanted.

    Hooray!

    --
    With the first link, the chain is forged.
  29. Why are phones locked in the first place? by kinglink · · Score: 2, Informative

    have any of you ever tried to buy a phone from motorola directly? You can't. They don't sell them like that. Personally I'd rather buy phones from the makers, instead of the insanely marked up phones they sell the contracts with.

    Phone's cost, 50-100 dollars.
    Mark up to make profit 10-20 dollars.
    Mark Up by companies to make contracts appealing, 50-100 dollars.

    It's a bullshit industry because every cellular company is out there to get you into contracts by offering new phones instead of keeping a good old phone. That's one of the reasons T-mobile appeals to me and others, because they offer short 1 year contracts. Hopefully that one company won't change.

    1. Re:Why are phones locked in the first place? by mark2003 · · Score: 1

      As I pointed out - and I know - new (latest tech) phones do not cost 50-100 dollars.

      3G handsets at the moment are running at around 300-400USD, you then have to pay commision to the sales staff in the outlets (~50-100USD). Networks make a significant loss on the handsets which is why the more expensive your contract the cheaper the phone - that is how the network makes money.

      Out of your call fees the network has to pay for infrastructure e.g. base stations, switches, billing systems, interconnect charges, back-bone costs, staff costs - i.e. operating costs. The revenue then goes to cover the cost of sale e.g. handset subsidy, commision - what ever is left is profit. Suprisingly, at the moment at least in Europe, most mobile telcos are not actually making much money considering the investment required - hence the slide in stock prices at many of these companies.

      Unlocking a handset before the costs are covered leads to a loss per customer - this gets allowed and the next thing you know us poor IT geeks in the industry will be out of a job...

    2. Re:Why are phones locked in the first place? by kinglink · · Score: 1

      No Offense to IT geeks or such, I mean I am one too. But that money should be gotten by the fees and funds. Do something where if you don't have a contract, it costs 10-20 more a month. But the phones SHOULD be free to do what I wish with them, true an unlocked phone should cost a little more, but let it be buyable. And let's have honesty in the cellphone providerswith the "true cost" of the cell phones. It's true latest tech won't be 50-100, but a Nokia low-end phone shouldn't be 100 bucks and 100 bucks off with a contract. It should be 20 and never change.. When I get a land line put in I don't have to get a specific phone to use with it, why is cellular so different? We made Sim card phones and they work great, but the problem is when you lock them you eliminated what made the Sim card phones so great...

      One thing to remember is that most telcos when they start up DONT make profit, most COMPANIES don't make profit in the first year, people seem shocked when they don't. Why should we allow telcos to get away with these acts to make them different than a normal company?

      Do you think Microsoft made a million bucks the first year? nope, they struggled for a long time. There was a time their only product was Basic on Altair, and people paid for their code and waited to recieve it. and then someone got the code themselves and shared it with friends who had already paid. Now did Microsoft accept this? nope. They screamed about piracy? But these people had already paid for the code, and had yet to get it?

      The bottom line is basically this. All companies are the same, no matter the industry, with the exception of "intellectual property" companies (idea makers, and to an extent program makers) You will need to front money to allow your company to produce product X (whether it be cellular reception, or airplane parts) The first money you will recieve will NEVER pay off the money you paid for the equipment, but it should pay off the yearly depreciation for your equipment (not the initial depreciation though, which is a LOT) so in the first year you'll lose money because of the inital depreciation but you will see if you're making enough to go on. As you progress you'll make the same or more, depending on your business and workers, and as time goes on you'll make more and more money, but the fact remains no matter what industry you're likely not going to make money right of the gate. And this is a hard fact for people to realize. Acting like it is unfair doesn't make a difference, every major company had this problem, either with production of Intellectual profiting, manufacturing, or other stuff. The only thing I can say is that these companies and investors need to realize that a company is not a cash cow, and need to realize that not everyone is going to get rich in the first couple years just because you hear you are.

    3. Re:Why are phones locked in the first place? by mark2003 · · Score: 1

      Couple of comments - very few modern phones actually cost $100. Most cost considerably more and once you add on cost of sale you would be looking at closer to double that just for a cheap handset. Comparing it to a landline does not help your argument - a wireless fixed line handset will cost you 50 - 100 USD to buy just the phone and wouldn't have the same level of complexity in it's radio hardware or a nice screen.

      I'm not expecting telcos to make money in their first year - rolling out a network nationally (my experience is in the UK) from scratch takes several years and billions of USD. You have to spend hundreds of millions on back office, billing and CRM systems (as an example our event/call rating system runs on approximately 20 million USD worth of hardware) and set up an entire organisation (in our case) of three to four thousand staff. You then have to spend further hundreds of millions on radio kit, fibre, switching etc., etc., etc. No one expects mobile telcos companies to do anything but EBITDA break even within 10 years.

      Now the market has been thrown in turmoil by a mew entrant in the UK who have slashed prices - some networks are now moving to 18month contracts because it is the only way that they can recoup the cost of customer aquisition and the handset subsidies. It is an industry with very small margins and probably not a good one to buy shares in.

      Now I agree that once the contract has expired that you should be able to take your handset with you - the contract is calculated to make sure the network should make some money. However many of the people posting on this board seem to think it is fundamentally wrong that they cannot do this from the moment they buy the handset/contract package. I'm simply explaining that it's not some misuse of the DMCA act to screw customers - it's in place because customers demand cheap handsets - that's what sells. You can buy unlocked handsets (in Europe at least) but they don't sell. The reason they don't sell is that they are hundreds of dollars. It's not a conspiracy - if some entrepeneur could find a way to undercut the competition they would, there just isn't the margin to do it.

    4. Re:Why are phones locked in the first place? by kinglink · · Score: 1

      I think it's fundamentally wrong that you can't buy a simple unlocked phone. Now I'm not saying you should be able to buy an phone and unlock it, but you have to buy locked phones or go for a used unlocked phone.

      I'm all for the contracts and such, but there is nothing to stop them from controlling the consumer from the moment they walk in. "oh you want to change to a different service? we have to charge you X, oh and you need a new phone, and also...." And then when company A buys company B, you can't get company B's service or handsets, you have to change your contract over, and get a NEW phone.. which means a expensive purchase, or a new contract (2 years on the cingular ATT buy out)

      I've seen them handle some of these people and the sales people are fucking (sorry for the harsh language) vultures at times. (I mean that, they are practically salivating when they see a "normal" person that they can sell add ons to) it disgusts me at times.

    5. Re:Why are phones locked in the first place? by qwertyatwork · · Score: 1

      Where do you get your figures from?

    6. Re:Why are phones locked in the first place? by Anonymous Coward · · Score: 0

      um, try phones cost 600$ (Razr), or 200$ for every other phone.

      If you want to know how much a "free" phone costs in bulk, buy one in california, you will be billed the taxes for the "free" phone. It's a simple formula

      if you were charged 17$ in taxes, and the tax rate is 7.5%, then the phone cost the cell company 186 dollars , now when purchased in bulk, like in thosands, think about it.

      Motorola doesn't want to sell you a phone because they don't want to deal with 50 states different taxes, shipping, and warranty support.

      Gods people, when I worked for one of the cell companys, we always had the asshole customers call motorola when they wanted their phone unlocked because they wouldn't listen. Maybe if motorola get's enough harassmant from "I want my phone unlocked" crowd maybe they'd stop making the phone lockable and the phones would all cost 200$ minimal.

  30. Is "CellPhoneCo" the carrier or handset maker? by jcostantino · · Score: 1
    The article is a little vague... if, say, Cingular is the company trying to put the DMCA on the unlocker, they don't have a leg to stand on. The carrier asks the manufacturer to subsidy-lock the phones to their SIM cards and that's all the say they have in locking. The manufacturer is the one who would prosecute because in certain circumstances, unlocking software comes from questionable sources.

    I went around and around to get a phone repaired through Motorola. They sent me an ATTWS branded phone that wouldn't work with my ATTWS SIM card. First reaction I had was to call ATTWS, they told me they don't have the unlock codes and I need to call Motorola. Calling Motorola gave me the same runaround, THEY don't have the codes, ATTWS does! I finally spoke to someone in the Consumer Advocacy group in Moto and they gave me the unlock code in about 5 minutes. I'm sure ATTWS had the codes but that would kill their business model if they allowed someone to put another SIM card in!

    PS: It was a quad-band "World" phone which meant I could use it anywhere in the "world" with ATTWS's SIM and international roaming rates. Not that I did but if I wanted to use it with a prepaid SIM in Europe, I couldn't - even if I was still paying ATTWS each month under contract.

    --
    Reviews with a twist! http://www.sardonicbastard.com
  31. More confused by interiot · · Score: 1

    The manufacturer really doesn't care if the phone is locked or not. They just want to move phones to the service providers (the majority of phones are sold directly from manufacturer to service provider). Manufacturers don't lock phones broadly, they lock it to each individual service provider. Therefore, it's the provider who asks the manufacturer for the lock to be implemented. That's why service providers were talked about in the article.

    1. Re:More confused by scronline · · Score: 1

      Well, then I guess I am confused....why in the HELL should the provider care? They already charge hefty early term fees and if their customer needs/wants to be able to use something else with the phone they are buying, I don't see the problem. For example, Nextel in my area is friggin horrible, specially for someone who works around alot of electronic equipment. I had to wait for my contract to end because otherwise I would have been stuck with a phone that couldn't even be unlocked...which I still was and sold on ebay. But to my thinking, if someone decided to pay the early term fees to get out of the contract due to poor service, that's nextel's problem.

  32. T-Mobile by tivoKlr · · Score: 5, Informative

    Interesting, the nameless operator is most likely NOT T-Mobile, as I have been a customer with them for several years, and they will unlock your phone FOR you for FREE, just by emailing them and asking them to do so.

    There are some limitations, like you have to have been a customer for 90 days, in good standing, etc. but if you email them and ask them to send you the unlock code, they will do so in a couple of days.

    They have unlocked several Nokias for me in the past.

    Just my experience.

    --
    Ocean is land, covered with water.
    1. Re:T-Mobile by caseih · · Score: 1

      It is almost certainly Cingular, since they are the only other large GSM provider in America.

  33. DMCA no, contract yes by davidwr · · Score: 1

    Using the DMCA like this is blatantly illegal especially after the appeals court ruling. It's also ammunition to use the next time Congress tries passing future laws: It's evidence that people will try to stretch the law beyond all reasonable bounds.

    The proper way for phone companies to recoup their handset-discounts is either through contracts or preferably by offering such good service that nobody will want to switch.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  34. Cell contracts by WormholeFiend · · Score: 1

    How do cellular contracts compare with land-lines?

    If you use a land-line phone, at least over here, you can only choose between having service from one company, or no service (for local calls and basics).

    (At least up to recently, before VoIP started being available)

    Since I switched to cellular-only and got rid of my landline, I've had excellent contracts which cost me on average equal or less per month than my old landline. And in general, each cellphone lasted the length of my contract before starting to deteriorate or when a newer more interesting model came out.

  35. SP (service provider) Locks are a scam by Xorkid · · Score: 1

    Why is it that the expensive "pre-pay" phones are locked? (UK/EU)

    These locks are a way to
    (A) enforce a contract clause- The contract is still valid without the SP Lock
    and/or (B) Enforce a revenue stream from a customer, instead of using a competition based system- I can be in contract with/have more then one prepay provider but a SP lock forces me to stick to one.

    Anyone who has ever worked in mobile telecomms will tell you, its all a huge racket. After a call is connected within a mobile network, its all profit, charged per minute. Its costs little to nothing to receive an incoming call on an exsisting network, with exsisting relationships with other providers. Who's ever provider initiated the call gets the cash so it pays (lots) to have people use your network.

    but all this will (or should) be moot with VOIP

    --
    www.microsoft.com/athome/sec urity/children/kidtalk.mspx Was This Information Useful?
  36. Never had a problem with T-Mo by grahamsz · · Score: 1

    T-Mobile UK seem happy to unlock phones once you are out of service, but when i signed up there they accidentally gave me an unlocked phone.

    Likewise T-Mobile US seem happy to unlock your handset if you've been a customer for more than 6 months.

    The biggest surprise i had is that you cant put a T-Mobile UK sim into a locked T-Mobile US phone... not allowing that seems ridiculous.

    1. Re:Never had a problem with T-Mo by squiggleslash · · Score: 1
      They're different companies though all owned by the same German telecoms conglomerate.

      T-Mobile UK is a company that started out as Mercury one2one, shortly afterwards becoming just one2one.

      T-Mobile US started out as various different GSM operators throughout the US. Gradually, all the US GSM operators with the exception of BellSouth DCS merged with Voicestream.

      Later on, Voicestream and one2one were bought by T-Mobile.

      I would make a guess that there are probably a fair few Omnipoint customers who cannot upgrade to a new, T-Mobile locked, phone without getting their SIM replaced at the same time, despite Omnipoint being part of what's now T-Mobile USA. You can imagine how annoying it'd be if every single T-Mobile customer worldwide was put in the same position.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Never had a problem with T-Mo by grahamsz · · Score: 1

      My wife has been with Voicestream/T-Mo in the US since about 2000, and she's never had to get a new SIM card - her old one works fine in all locked TMo phones. They must either be able to reprogram the sim card or give the locked phone a list of sim card network identifiers.

    3. Re:Never had a problem with T-Mo by squiggleslash · · Score: 1

      Well, yeah, but T-Mobile is Voicestream. The problem isn't with Voicestream SIMs and phones, but with those from the various other GSM operators Voicestream bought. That's why I used Omnipoint in my example.

      --
      You are not alone. This is not normal. None of this is normal.
  37. No no, THAT'S fine. by JayBlalock · · Score: 2, Insightful
    USE the contract! If someone signs a contract legally agreeing to not unlock the phone, or to pay the cost of the phone if they jump service, in knowledge of what they're doing... I have no problem with that. At all. That's just doing business.

    (and if people won't agree to that prospect, then perhaps it's not a good deal and people acting in their own best interest are right to avoid it.)

    What I have a problem with is Congress passing sweeping laws dictating things I, the consumer, CANNOT do with my own property... which then allows companies to prop up faulty business models with legal threats.

    There is no - absolutely ZERO - reason that I should not be legally allowed to mod the X-Box I paid $200 for to run Linux, and never buy a MS-licensed game title in my life. Yet I am not. And therefore MS can sell these highly useful mini-computers at a loss (we think) and use legal threats to keep me from using my own property.

    THAT is what I have a problem with. Laws that strip me of my rights as a consumer so that businesses can implement flawed plans which are backed up, not by good logic or economics, but by the FBI.

    That way leads madness.

    --
    Bush: He's Liberal in all the wrong ways.
  38. Nokias are easy to unlock by Stonent1 · · Score: 1

    There are literally a dozen sites that will do it for free including NokiaFree. That's why I bought a prepaid Nokia phone because I could unlock it and change it to a post pay phone on any North American GSM carrier.

    1. Re:Nokias are easy to unlock by Xorkid · · Score: 1

      Not all nokia are so easy to unlock. NFree calc uses the same algorithms (hacked or brought by companies like the one in the artical) that various authorised people can use to unlock phones. The problem is newer phones have blacklisted the serial numbers of the older comprimised code generators.

      Some even newer symbian (BB5 based- 6680 & 6630 atm) nokia phones can not be unlocked by any old serial or algo. You have to have the right algo (not simple) and the right hardware key (or serial and emu) for every different provider.

      --
      www.microsoft.com/athome/sec urity/children/kidtalk.mspx Was This Information Useful?
  39. International oppinions by Stigu · · Score: 2, Insightful

    I'm Belgian, living in Finland andI go from one country to the other at least once a year. I live roughly 11 months a year in Finland, and buy a prepayed SIM card (fixed value at purchase, but rechargable) and use that during the time I'm in Belgium. This entire locking phones buisness seems to be a rther typical Anglo-saxon problem. I have never purchased a phone that was locked.. EVER! All I need o do, when I go ANYWHERE in the world, is take out my Nokia, open it up and put in a prepayed card I buy in whatever country I am. I've done this all over Europe, and never had any problems whatsoever, since the introduction of GSM standards. Then again, I've always had Nokia, so my experience is rather limited.

    1. Re:International oppinions by Anonymous Coward · · Score: 0

      I kind of have the opposite problem - I live in NZ 11 months a year and travel in the US for work for about 1 month - I travel all over the world, have a great collection of SIM cards for everywhere BUT the US where every time I've gone into a GSM provider's store to ask to buy one (pay as you go of course) all I've ever got is blank stares - apparently I'm asking for something stupid or unreasonable

    2. Re:International oppinions by Stigu · · Score: 1

      That brings up an interesting point indeed. Could it be that the lesser developped areas intellectually (eg: the good "old" US of A) have yet to understand the buisness principle of prepayed economy. They recieve their money BEFORE they need to provide the service, and pretty much the entire process can be automated while the sales can be done in anything from conenience stores to kiosks. I fail to understand how the US can fail to see the value of this buisness model.

    3. Re:International oppinions by MichaelSmith · · Score: 1
      ...live roughly 11 months a year in Finland, and buy a prepayed SIM card

      Why should you have to do that to be able to make cheap local calls in the country you happen to be in?

      GSM routes the call directly to the local network which you are calling. Your carrier gets an international call charge, or the host carrier gets paid for a prepaid card.

  40. Breaking to what extent? by ppz003 · · Score: 1

    Okay, so if they say you can't change the part of your phone that allows you to connect to different networks, then what about changing some of the features of your phone? Is changing the WAP settings on your phone or using software like BitPim going to be considered a violation of DMCA as well? I sure hope not. Actually, I hope they get shot down like Lexmark so this issue doesn't come up in the first place.

  41. Something to consider by huge+colin · · Score: 3, Interesting

    In Finland, it is illegal to sell a locked phone. Once again -- manufacturers in Finland cannot legally sell a phone that is locked to one carrier.

    Hmm.

    1. Re:Something to consider by xmorg · · Score: 1

      This is probably why we americans dont have the totally sweet(linux) smart phones that are availible in Asia and Europe! I hate it how, there are so many cool phones out there, and how the US is years behind. Most likley its because they "dont have a locking software for that model."

      It totally sucks. It feels like Im loosing in a bad game of monopoly.

    2. Re:Something to consider by canon006 · · Score: 1

      I think it's just the general suck of cellular in the US, we've got 2 major carriers that actually use the same tech as the rest of the world (everyone else uses GSM, right?). They stick to the most widely consumer friendly models, like that damn RAZR everyone has these days, and only carry a few "geek phones" (Moto MPX220, Nokia 6680/1/2, and a handful of other smartphones). Fortunately, that SIM card you have(assuming a GSM carrier) will work in a phone you import, such as one of those "totally sweet(linux) smart phones" (personally, I've been drooling over a Motorola A780 for a while), the downside to this is that you can't take advantage of any subsidies your carrier may offer, and you have to hope that the phone will support the network you're on. For instance, if you're on Cingular, the 850 band is a must, at least in the Philadelphia, New Jersey, New York City area, I'm not really sure outside my little tri-state area. And just so there's no confusion, I am a Cingular customer, happy with my service and using an imported phone (Motorola E398, I only recently enabled the 850 band, before that my reception sucked miserably and I stuck with my V551 most of the time).

  42. Actually, it is the same model by brokeninside · · Score: 1

    My razor works with any razor blade that fits. I am not restricted to only buying my blades from the same manufacturer as my razor.

  43. It didn't work for printers or garage door openers by HangingChad · · Score: 1
    Wow, they're really digging deep on this one. It also raises a really interesting question. I bought my own international unlocked phone. They can't try a DMCA claim on me unless they want to argue that they're transmitting copy protected software to my phone. And if an unlocked phone works without the "secret handshake" then they're going to have a hard time making a case.

    The courts have already established that trying to use the DMCA as a protection racket isn't going to work. At least it won't work for anyone but the entertainment industry. Wasn't that their legislative baby? The cell service providers are going to need to pony up more cash, more private jet rides and more very accommodating "flight attendants" for their Congress creatures if they want to get their own sweetheart legislation. Cheap bastards, quit trying to piggyback on someone elses gains obtained by graft! How tacky. Start coughing up your own graft.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  44. The counterclaim by thisisauniqueid · · Score: 1

    I bet those same companies are not also claiming that "Companies that lock their cellphones are engaging in anticompetitive behavior"...

    I figure if I pay for a phone, it's mine... and I should be entitled to use it however I want.

  45. Indeed. by TheSpoom · · Score: 1

    I bought my phone without the discount and without the contract, with a nice non-discounted $300 pricetag, so I'd have the freedom of buying minutes when I wanted / needed (as I didn't use my phone all that much). Later on in the year, I went to visit my girlfriend in the US, and had to buy an unlocking kit just to be able to use another provider. They wouldn't even let me roam because I didn't have a contract!

    If you ask me, they gave me no choice really, as I simply wasn't going to sign any sort of contract and there was no other way to use my phone in the States other than unlocking it and using it with a local provider at my destination.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  46. Free market solution isn't working by Ragesoss · · Score: 1
    It seems like there is an obvious free-market solution to this problem: if a big company actually let people do what they wanted (and people definitely want to, for example, use their photos and easily transfer other content they have rights to), they have a big competitive advantage with no upfront costs. Yet the US providers stick together and all restrict their phones as a group, despite the opportunity to get a clear advantage in a (seemingly) very competitive market.

    What's wrong with this picture?

    I have a Samsung phone from Cingular, and even though I can upload ringtones to it for just the price of Cingular web bandwidth (overpriced but not in the $2 for a ringtone range), all those ringtones are so quiet as to be practically useless. Only the built in ones (and ones you buy from Cingular) are loud enough to use.

    It would hopefully only take one major company to change its policy before the others followed suit, but I don't see that happening. Companies can more and more often assume political and technical ignorance on the part of their consumers. And this leads to all the DRM fun these days.

    1. Re:Free market solution isn't working by Anonymous Coward · · Score: 0

      The problem is the US isn't really a free market, its very much protectionist. Look at sugar, lumber, beef, etc.

  47. But my service provider unlocks for me, for free? by debraj · · Score: 1

    I have used TMobile for a few years now (need to desperately get out of it by the way).. and they have on more than one occassion unlocked my phone for free. All I had to do was call up customer service, who would capture the IMEI number and ask me to call back in a couple of days. When I did, they'd give me the "unlock code", which I would be required to punch in, and the phone would be unlocked -- just like that.

  48. The Solution is simple by raelimperialaerosolk · · Score: 1

    1) Build a kick-ass wireless network from scratch
    2) Staff your call centers and service counters with the BEST
          people you can find.
    3) Offer to unlock anyones phone, from any provider for free and
          put it on your network.
    4) Offer no-contract service to anyone

    5) Profit!

    --
    A good friend will help you move. A really good friend will help you move a body.
  49. Re:Another BoingBoing story...Courts by Nom+du+Keyboard · · Score: 1
    The courts ultimately ruled against Lexmark in this matter, and I expect (and hope) that they will rull against the cellphone companies as well.

    The courts will only rule against the cellphone companies if someone fights them long and hard in the courts. Many unconstitutional laws become defacto law simply because they're never taken to court in the first place, and hence never overturned. Be sure before you start, however, that you have Deep Pockets for this fight, because your opponents sure do.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  50. In the US by bluGill · · Score: 1

    My cell phone in the US works in 50 states, at no extra charge for roaming or long distance. Each of these states is equivalent in size to a European country. (not exactly of course, but close enough for my example)

    We also have completely different billing. We pay a flat rate for all phone calls, both incoming and outgoing, and typically more time is included than we actually use.

    By contrast in Europe you have many different countries, each either their own network. Cross a border (which is about as easy as crossing a state line for us) and you are paying roaming in many cases, while we do not in the US. (Plans were this is roaming exist, but nobody I know has this anymore) You also have a caller pays model, so there is no incentive to keep the cost of calling a cell phone down.

    What this means is that changing a SIM card is something I can do in theory, but in practice there is no reason to ever do that, so I don't. In Europe there is good reason you would want to change your SIM card, so you do it.

    When I was in Europe people asked how to contact me, so I gave them my cell number (company phone, number was from France while I was in Spain), and they all said "no, your hotel number". In the US nobody thought it a big deal to call me on my cell phone, even when it was an out of state number.

    Note that I'm only presenting half the story. There are benefits to Europe's way of doing things - or so they claim (I don't like it, but that might be just what I'm used to). Before repeating any argument you would do well to find the rest of the facts as I do not have them all.

    1. Re:In the US by Anonymous Coward · · Score: 0
      By contrast in Europe you have many different countries, each either their own network.
      There are networks which span more then one country, my prepaid card is usable in three for example.
  51. that's the problem nowadays by bravo369 · · Score: 1

    Everything has extra "features" that you have to pay for can companies want to lock you in. I hate being told what i can and cannot do with something that i BOUGHT. if i want to sync up my ipod with 10 different pc's, i should be able to. if i want to install linux on my xbox, it shouldn't be a problem. if i want to use my phone with other services or connect it to my pc to get pictures off or put ringtones on, i should be able to. if you are going to tell me what i can and cannot do, then why are you SELLING me a product?

  52. I have a valid question.. by Khyber · · Score: 1

    Okay, I'm reading about DMCA and phones. Now which part of the cellphone are we talking about?? The only thing I can possibly think of is the OS.

    Some of these phones are running off of hardware-logic, some are running off of software. Obviously the hardware phones are certainly covered by the DMCA, but what about the software-driven ones?

    If you've got a problem with your phone being locked, why not simply wipe the entire phone, and reprogram it with your own OS custom-suited to your needs? All you should need to know from the carrier is how you connect to them, then make your own code (hopefully streamlined enough to fit in the phone) and use your phone.

    With the apparent (supposed?) amount of programmers here on /. you'd think somebody would've done this already. Can't be sued over DMCA for using your own software on your own phone if you're not using their controlling software to begin with, I would think.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:I have a valid question.. by merdaccia · · Score: 1

      Uhh, and how exactly do you propose to write a mobile phone operating system? Do you think the APIs for everything from the embedded processors to the radio chips to displays are just given out by Motorola, Nokia, SE, etc? Just because the OS is software doesn't mean you don't have to interact with the hardware. It's a Sisyphean task.

      As previously mentioned, just unlock the phone and forget about it. It's your property. The only carrier I know that wouldn't unlock phones was AT&T, and I'm not sure what Cingular's policy is. Buy a Nokia or an SE. and unlocking is simple. And you can buy unlock codes online for less than $20, sometimes less than $10. Hell, just get your new provider to unlock it for you. It's in their interest to use their service.

      --

      *blinking cursor*

  53. Features VS provider changes by phorm · · Score: 1

    At lot of people here have the complaint that the lockin does not allow you to change phone providers, even if you pay the cancellation fee. My primary beef is the idiotic feature-locks put on phones by money-grubbing cellphone companies. Sure, they'll sell you a data cable for your phone, but if you want to download your address book, upload/download a MIDI file for your ringer, or send pictures etc you must do it all through the network and thus pay exorbitant fees. My provider (Telus, in Canada) is quite bad for this. You need to browser their website - either with the phone (data fees) or computer - and then upload the file (which you pay for), and download it on your phone (data fees). Since you're doing it through the Telus webpage, you're limited to *their* crappy selection... really if I'm going to play with my phone and put on a custom ringer, I want to use my own midi files... maybe a cool gametune or something like that... and not the shitty radio-top-50 crap that is mostly available online. More importantly, I'd like to backup (or sync) my freakin' phone so that when this one dies (and it will, they all do) I have all my numbers ready for the next craptacular phone they send me.

    That being said, anyone know where to get info on opening my "AudioVox CDM-8900T" Telus-phone? Google hasn't been particular helpful in this :-)

    1. Re:Features VS provider changes by Pengunea · · Score: 1

      I'm currently with Telus and I've been looking to upgrade my phone. It's a good thing you posted, reminding me of the fact that Telus tries to slap on data transfer fees for even using a data cable. I'm planning on getting a nice, feature-rich phone like the Motorola v710 or E815. I like the MP3 ringtone support and I want the first field theme from Crystalis on my phone and the first field theme from Crystalis I SHALL HAVE!

      Looks like I'll probably be changing my service provider as well if I can't skirt the data transfer (gouge) fees. Also: as Telus head office is on a regular bus route I take I regular see the tortured faces of Telus employees. Huge turnover rate. An ongoing strike that caused my brother to switch to Shaw Extreme-I for internet because there was nobody available to fix his Telus connection. The stories I've heard from poor IT college grads just trying to get anything for their first job and ending up there. Not a company I feel I should be shilling dollars to.

      Any suggestions/hints as far as other celluar phone providers go?

      --
      Starkle, starkle, little twink.
    2. Re:Features VS provider changes by phorm · · Score: 1

      I can't really suggest anything in particular. I know somebody who is with Rogers... they screwed up her billing (had the plan wrong), and charged her hundreds over. When she caught it they did credit her all the extra money though (after some phone-wrangling, threats). Rogers does tend to support more of the cooler phones and PDAphones etc, not quite as nice of coverage as Telus, but in the major areas you should be good.

      Bell's billing is pretty screwed up IMHO. I had a co-worker whom was calling them every month because they'd overcharged him or screwed up his billing. Every month... and he had to go over his bill manually to find all the minutes they charged him that should have been during his free time.

      So, choose your poison I guess. I'd go with Rogers over Bell, but none of the cellphone companies seem particularly good, it's like voting, choose the best of a bad selection.

  54. News flash by Anonymous Coward · · Score: 0

    The software on the phone IS a copyrighted work and, if the DMCA has any legitimacy at all (which is highly debatable) would certainly apply to the software on the phone

    BUT

    I'm pretty sure Nokia, Motorola, Samsung, Qualcomm et al would take issue with the carriers claming to own that IP. The mfrs have absolutely no interest in having their products locked to a specific carrier. In fact it hurts both them and the users of their products. In every market except NA, the end users are the customers which is why the products offered in those markets are so superior to the broken crap the carriers foist on us here in NA ("how does this feature allow us to milk the customer?" being the only question the carriers are really interested in).

  55. Travel internationally by ehiris · · Score: 1

    Luckily those traveling internationally don't have to worry about the DMCA. Sadly companies like T-Mobil will make unlocking your phone a hassle so that they can rip you off (i.e. it was 1.90$ a minute to use my phone in Romania).

  56. No longer a DMCA virgin by Hershmire · · Score: 1

    I violated the DMCA a number of months ago. That's ok, though. It's violated me for a number of years.

    What do I tell my future wife?

    --
    if(!toilet_paper) roll.replace(new roll); //Stupid roommates.
  57. just why is it... by KillShill · · Score: 1

    that so many slashdotters can see the illegal practices of mobile phone companies locking the users' property but cannot see MS/SONY/NINTENDO illegally locking the customers' property?

    as one can see in this discussion, "business model" is no excuse for stealing (yes it is the right word) the right to fully access one's own property.

    so why is it that i see countless people attacking mobile phone vendors and see countless people defending the rights of console manufacturers in taking away customers' property rights?

    and no, there are other ways of preventing copied games being played. so that's no excuse.

    the real reason is the same as mobile phone companies... to fleece the customers and milk them for money. never mind the fact that they have to illegally prevent customers from owning their property in order to do it...

    and soon, thanks to Insidious Computing... your and my beloved PCs (personal computer, not x86 computer) will no longer belong to use either.

    i just love the smell of illegal business models in the morning.

    --
    Science : Proprietary , Knowledge : Open Source
  58. cell phone makers by E8086 · · Score: 1

    Maybe the cell phone OEMs should start sueing the providers for cripling the copyrighted software they installed in the factory. It almost sounds like Dell suing Linux distro makers for allowing people to not use the preinstalled Windows.
    Once the contract is over, finished and not renewed or ended early with fee paid or you got out of it because of an unauthorized change or new service fee the phone is yours do do with a s you see fit. You can shoot it or burn it or blow it up or even use it with another provider. If you're still under contract it depends on what it says. I'd also consider instant rebate and mial in rebate. If you get an instant rebate with service it can be considered installment payment for the phone, but if it's mail-in-rebate then you did the work and paid postage and the rebate money and the phone should be yours.

    --
    F7 doesn't work, ignore spelling and grammar
  59. LOSE... Not Loose... don't learn from USA dorks... by Anonymous Coward · · Score: 0

    or I'll loose warranty

    You probably picked up the grammer of "loose" instead of "lose" from reading
    the typing habits of the morons here in the USA.

    I have tracked the proliferation of this particular piece of crappy grammer,
    throughout the internet, over the last 15 years.

    There are a few more.... (E.G. alot instead of A LOT) but I'm sure the
    general public doesn't care.

    Thanks for reading

  60. CORRECTION by Buran · · Score: 1

    ... blah, sorry. Should say: "GSM is not a must".

    (And technically I could buy a new phone now, but there's some funding uncertainty about our research grant and I need to wait til December to be sure I'm still funded, hence will stay in this job. I'm being smart and waiting and not just using my savings for it. My current phone works fine).

  61. Re:LOSE... Not Loose... don't learn from USA dorks by sznupi · · Score: 1

    You're welcome. And you know, I'm really somehow concerned and confused about this "loose"vs."lose" (and similar - though alot is not amonf them ;P) in my (mine?) English (heh, that's what you get, I guess, when you'll learn it primarily from TV initialy, without any rules (here in PL films are traditionaly "dubbed" with the lector, original voices intact) - bad habits)

    --
    One that hath name thou can not otter
  62. No problem with Cingular by Henk+Postma · · Score: 1

    I had no problem getting my phone unlocked with Cingular. Yes they require that you finish the first term of your contract (1 year), which is reasonable because that's what you signed up for. But after, the phone is free to use on whatever network you choose.

  63. Locking the phones only way to ensure DRM by Anonymous Coward · · Score: 0

    A while back I was interested in how to get ringtones onto cellphones over the network. One of the standards is a DRM format. The format is completely broken if the carriers allow users to modify the phones. The DRM format requires that the clients respect the rights object and not do anything beyond what they are allowed. If the phone is modified, then that fantasy is broken. No more Britney Spears videos on your phone, oh my!

  64. Cingular unlock, all you have to do is ASK. by tabbser · · Score: 1

    I've never had a problem getting cingular to unlock a phone. I've done 5 or 6 with them.
    You have to be in good standing with them.
    The only people that have trouble are ex AT&T customers as AT&T had a policy of zero unlocking.

    I doubt that it's Cingular the article is referring to.

  65. Nokia unlocking by Tremo · · Score: 1

    I've always been a big fan of Nokia brand phones, they're very easy to unlock, and they work well. You simply remove the sim card, enter the unlock code on the keypad, the phone reboots and presto, it's unlocked. You then just put your sim card (or any sim card) back in, and the phone is back on the air, with whomever's sim is installed. Getting the unlock codes for Nokia phones is very easy. You need to know the phones IMEI (serial number, usually on a sticker under the battery) and the service provider to whom the phone is initially locked. There are several web sites that will take that information and then give you the unlock codes for free. You can also download the unlock code generator and run it on your own PC, again, entering the IMEI and service provider info. Out comes the unlock code. It really couldn't be much easier, you can do it yourself in a couple minutes, you don't need to take the phone into any service shop, pay a fee or any nonsense like that. I've unlocked both mine and my wife's phones, but we're still on the original network. When the contract expires, I'll shop for the best deal. I additionally activated the "enhanced voice codec" via another secret code, and now the voice quality is better.

  66. I am a dreaded Cingular rep by Anonymous Coward · · Score: 0

    We'll unlock it free if you:

    *Paid retail
    *Finished your contract (naturally or early termination and payment)
    *Are going abroad

    There are some slight variations, but most can't call in and get it unlocked willy-nilly. If you don't meet the requirements we must state in the unlock request what special circumstances override policy, which then has to be approved by your manager.
    I haven't heard of anything new on the unlocking front at Cingular, and checked over our policy just a couple weeks ago.

    Being geeks, Slashdot knows what a retail phone cost, the average joe calling in is shocked. They think of cell phones like they do a home phone, $5 from Wal-Mart and most don't give a shit if it's locked.

    All that being said, if it _is_ Cingular doing it I tend to attribute it to stupidity rather than malice against the user. I say stupidity because the people running Cingular are so out of touch that they think being the largest native network (Cing/ATT) is the sole incentive to raise the prices on subsidized handsets and basic plans. They think they can market us as a premium service, and now offer no free phones through customer service and many corporate stores.
    They're sincerely out of touch.

    1. Re:I am a dreaded Cingular rep by squiggleslash · · Score: 1
      Thanks. I'm probably guilty of (unintentionally) spreading FUD. I've never asked Cingular to unlock a phone BUT I'm a former AT&T customer, was aware of various people including CS reps on their support forums who'd made it clear it wasn't policy to unlock them, and I've also read a number of people claim they bought phones with contracts, asked for the phones to be unlocked, and been refused, with nobody responding.

      Ok, so it's unlikely to be T-Mobile or Cingular because both companies do unlock phones. I'm wondering who it could be. Right now, the only potential culprit I can think of is Tracfone. Tracfone has a GSM-only service called net10, and also resells GSM, TDMA, AMPS (presumably, not any more), and CDMA services under the generic Tracfone label (what you end up with depends on where you buy the phone and when.) That said, I was under the impression Tracfone has special firmware in the phones they use that'd be useless if combined with a different SIM. That'd make the DMCA complaint even less valid, because you wouldn't even be accessing Tracfone specific software if you did unlock a phone, you'd be flashing it with generic Nokia/Motorola/etc firmware and unlocking that.

      All in all, pretty baffling.

      As far as your last comment goes, Cingular's doing some major innovating (with their AT&T division I assume) on GoPhone, and they do seem to have better plans (in all) than their largest competitor (Verizon); my guess right now is any shortsightedness on Cingular's part is based largely on Verizon being their competitor. Cingular knows they have a better network than Verizon does, and Verizon is very much the "We're trying to build a monopoly here!" operator.

      --
      You are not alone. This is not normal. None of this is normal.
  67. Harder to find non-EUCD/DMCA countries by SgtChaireBourne · · Score: 1
    So unlock them in a country that doesn't have the DMCA. No problem.
    Except that it's getting harder to find countries to do that in. The US has the DMCA, European countries are signing on to the EUCD, which in some ways is more harmful to both the industry and to consumers. If the DMCA-like agenda is being pursued with any of the same vigor as the US is pushing sw patents, then the conditions of the DMCA are probably being piggybacked onto trade agreements as we speak. That's assuming they're not already in place.
    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.