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Apple Sued by Consumers Over iPhone Locking Policies

Article Comments  41  

Oct 22, 2012, 7:17 AM   by Eric M. Zeman   @phonescooper

Apple has been hit with a class action lawsuit filed by consumers who want their iPhones unlocked from AT&T's network. Two consumers filed the lawsuit last week in the U.S. District Court in Northern California. They allege that Apple violated Sherman Act by not obtaining consumers' contractual consent to have their phones locked to AT&T's network. They also allege that Apple violated the Digital Millennium Copyright Act because it installed software on iPhones that prevented owners from using them on competing networks. The DMCA has a provision that allows handset owners to modify their devices for use on other networks, claim the plaintiffs. The plaintiffs are seeking monetary damages and want Apple to supply unlock codes on request; want Apple to be barred from installing software on iPhones that prevents them from being unlocked; and want Apple to more fully disclose to consumers that their devices are locked to the carrier's network. Apple has not commented on the lawsuit.

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Comments

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stevelvl

Oct 22, 2012, 8:48 AM

The Sherman Act really?!

They are actually arguing a violation of the Sherman Act passed in 1890? Am I the only one who sees humor in that?
The Sherman Act of 1890 in a nutshell is:
A Section 1 violation has three elements:
1. An agreement
2. which unreasonably restrains competition
3. and which affects interstate commerce.

A Section 2 violation has two elements:
1. the possess...
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crood

Oct 22, 2012, 8:25 AM

Not and Apple Fan, but...

Isn't locking a carrier mandated thing? Does Apple really have a choice in the matter? Locking phones was around well before the iPhone existed.
Pretty much. Apparently these people have never bought a phone with a 2 year contract in their lives, let alone an exclusive phone to the particular carrier that can only function properly on that network. When the iPhone was jailbroken and could be u...
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I could be wrong, but by reading the article, it seems Apple created software to Keep the at&t version of their phone locked onto at&t. meaning if my contract is up, and i wish to cancel my contract but keep my phone and go to, let's say, net10, then ...
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I would think they would have went after the carriers on this issue. Why just Apple? Why not add Samsung,Motorola, LG, Nokia, ect. to that list?
...
mikkej2k

Oct 22, 2012, 1:24 PM

DCMA is also a basis for the lawsuit , not just the Sherman Act

The DMCA has a provision that allows handset owners to modify their devices for use on other networks. Read the article and/or the source material.
Except that when you buy carrier equipment which is locked to a network and sign a contract, you are voluntarily giving up that right.


Look...there are unlocked phones all over the place...people don't want them because unlocked phones are not n...
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