Home  ›  News  ›

US Copyright Chief Breaks Handset Locks

Article Comments  

all discussions

show all 24 replies

So like it said

gunny

Nov 24, 2006, 4:32 PM
This really means nothing

"the ruling does not prevent CDMA networks from refusing to allow a user's phone on a network because of ESN regulations"
...
trevor83

Nov 24, 2006, 4:38 PM
gunny said:
This really means nothing

"the ruling does not prevent CDMA networks from refusing to allow a user's phone on a network because of ESN regulations"


Which I interpreted to mean ESN's without GPS or any other type of situation regulated by the FCC.
...
PhoneMan3

Nov 24, 2006, 4:45 PM
So I can't get my sprint phone to work on Verizon then?
...
gunny

Nov 24, 2006, 4:55 PM
PhoneMan3 said:
So I can't get my sprint phone to work on Verizon then?


Nope verizon will say thats not in our ESN database sorry Charlie.

Thats my understanding unless Rich or Eric slap me on the back of my head and tell my otherwise 🙂
...
eric Lin

Nov 24, 2006, 5:39 PM
this applies solely to software *on the handset* designed to prevent you from taking the handset from one carrier to another. if verizon or sprint won't register phones within their ESN blocks, this has no baring on that.
...
crackberry

Nov 25, 2006, 2:30 PM
eric Lin said:
this applies solely to software *on the handset* designed to prevent you from taking the handset from one carrier to another. if verizon or sprint won't register phones within their ESN blocks, this has no baring on that.


so could gsm carriers bar imei's from working??? if it's not a handset with an imei that the company released they could prevent that from working. am i correct in assuming this?
...
algorithmplus

Nov 25, 2006, 6:01 PM
GSM standards work a little bit differently. The authentication for the user is done via the SIM card. The IMEI tracks that handset, and there will be no problem unless the handset is blacklisted, for example, put on a list of stolen handsets to prevent it from functioning with the network.
...
TinyJ316

Nov 26, 2006, 1:31 AM
so then if cingular, for example, doesn't want someone to unlock their phone, they could blacklist the phone so it couldn't be used on tmob?

not sure that would be legal, but hypothetically, of course
...
algorithmplus

Nov 26, 2006, 8:28 AM
If the phone were blacklisted, it would prevent the phone from functioning on Cingular as well.
...
algorithmplus

Nov 25, 2006, 5:59 PM
That would be my guess, since CDMA carriers, having a handset solution for e911, are required to keep a database of handsets compatible with the service. So, possibly even carriers that didn't care now might, in fear of allowing a non-e911 handset on the network.
...
trevor83

Nov 24, 2006, 5:02 PM
PhoneMan3 said:
So I can't get my sprint phone to work on Verizon then?


I would say that is ESN discretion, not ESN regulation. I'd say it will take some time but wouldn't be surprised to see Sprint and Verizon phones crossover. But I wouldn't expect it until 2008 after all the technical hurdles are taken care of.
...
algorithmplus

Nov 25, 2006, 6:05 PM
It would surprise me very much, actually. Verizon uses BREW and Sprint uses Java. If the phones crossover, the advanced multimedia features would not work, only voice would, and that would limit revenue as consumers can't even occasionally use their phone on a service the handset won't support.
...
MikeNoecker

Nov 24, 2006, 4:48 PM
So this does in fact mean that if you have a Cingular Sim Locked phone and change to T-Mobile, that Cingular HAS TO UNLOCK IT?? Please tell me thats the case.....
...
Azraelalpha

Nov 24, 2006, 4:57 PM
No, it means that you have to find a way to unlock it, either with or without your carrier's assistance.
...
gunny

Nov 24, 2006, 4:58 PM
Azraelalpha said:
No, it means that you have to find a way to unlock it, either with or without your carrier's assistance.


Yep its just not illegal anymore
...
MikeNoecker

Nov 24, 2006, 5:14 PM
Illegal??? When I left T-mobile, they unlocked my phone and I took it to Cingular. How could it have been illegal to do it, when the carrier has the capability to unlock them?
...
Azraelalpha

Nov 24, 2006, 5:16 PM
illegal sounds so harsh, we could call it "non-regulated", but it's pretty much the same, isn't it? 😛
...
Kagehiru

Nov 24, 2006, 5:43 PM
Not illegal, but potentially so. I don't know if there are precedents one way or the other, but basically it states that gsm providers will not be able to sue companies/individuals that unlock phones via the DMCA. That's not to say they might not attempt to sue them via other means, but it won't be by utilizing the DMCA.
...
TradeMark_310

Nov 24, 2006, 5:50 PM
So this is like legalizing in-office betting pools in the sense that everyone did it, and would do it with or without it being legal, but it's nice to know you're in the clear? And, when I have a phone and take it to an independant dealer to unlock it, is it "illegal" right now? I never got that, since here in LA there might be 1000+ places that unlock phones for $15-$30.
...
Kagehiru

Nov 24, 2006, 6:33 PM
Sort of. The legality of unlocking a phone is/was a bit of a grey area. The main thing is that the DMCA is wielded like a club, a very big club, that cause a great deal of peripheral damage. What's more is that it is often wielded when it shouldn't be, mostly because the legal system hasn't caught up to all the technical aspects of what the DMCA truly covers. This clarification allows all those businesses that were operating in a legally "grey" area, breathe a little easier.

Before this ruling, nothing stopped a GSM carrier from suddenly suing all these providers that either produce software for unlocking, or unlock the phone themselves. Whether the carrier actually had a legitimate lawsuit didn't matter since most of these independ...
(continues)
...
majorxero

Nov 24, 2006, 8:48 PM
It's not illegal to unlock your phone per se. What this says is that preventing you from unlocking your phone is illegal.
...
Kagehiru

Nov 25, 2006, 12:15 PM
I didn't say it was illegal, only that phone companies could claim it was illegal under the auspices of the DMCA. Now they can't.
...
Kagehiru

Nov 24, 2006, 6:44 PM
I'll disagree with you on this one. Sure, it means nothing to all of our CDMA brethern out there, and it honestly doesn't impact our GSM users because of the prevalence of unlocking services out there, but- It does chip away at the overwhelming power of the DMCA in general, and specifically prevents a company from trying this particular avenue. Anytime we can prevent a company from using a legal blanket to prevent fair competition is a good thing in my book.
...
TinyJ316

Nov 26, 2006, 1:34 AM
Or, if you wanted to avoid this headache all togeather, you would just buy a phone outright from the manufacturer, like the old days. 🙄
...
muchdrama

Nov 27, 2006, 6:50 PM
gunny said:
This really means nothing

"the ruling does not prevent CDMA networks from refusing to allow a user's phone on a network because of ESN regulations"


Well, let's here it for one more useless United States government law/rule/exception.
...

This forum is closed.

Please log in to report a message to the moderator.

This forum is closed.


all discussions

Subscribe to Phone Scoop News with RSS Follow @phonescoop on Threads Follow @phonescoop on Mastodon Phone Scoop on Facebook Follow on Instagram

 

Playwire

All content Copyright 2001-2024 Phone Factor, LLC. All Rights Reserved.
Content on this site may not be copied or republished without formal permission.