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US Copyright Chief Breaks Handset Locks

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Simply Put

Herd-12

Nov 25, 2006, 9:43 AM
Does this now mean I can purchase, for example, a k1m motorola from Sprint and activate it and use it on the Verizon Netork?
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sanchezkk

Nov 25, 2006, 9:45 AM
We'll just have to wait and see..... 😳
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sangyup81

Nov 25, 2006, 10:32 AM
yes but after you purchase and before you activate, there's going to be a lot of work to do, some of which may still be illegal

not sure if changing ESN numbers is illegal, is it?
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sangyup81

Nov 25, 2006, 10:32 AM
I'm talking about changing a phone's ESN number not the ESN number on a wireless account of course
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wfine81

Nov 25, 2006, 12:41 PM
Yes, changing a phones ESN number is illegal
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sangyup81

Nov 26, 2006, 9:57 AM
is this national, state, local, or company law?
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wfine81

Nov 26, 2006, 8:53 PM
National law
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Kagehiru

Nov 25, 2006, 12:18 PM
In theory yes, though unlocking a phone more traditionally applies to GSM based phones. The problem, as mentioned by several others and the article, is that this does not prevent carriers, such as Verizon, from restricting the ESNs on their network.
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captainplooky

Nov 25, 2006, 12:23 PM

The ruling found that software locks like SIM locks or SPC codes on handsets were not covered by the DMCA because they are designed to protect a business model instead of preventing copyright infringement.


The situation you describe, a carrier refusing a capable phone, sounds exactly what the ruling was on in regards to protecting business versus infringement.

Ultimately, this should end up being a plus for consumers.
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Kagehiru

Nov 25, 2006, 12:27 PM
But the ruling states that the software portion of the prevention system does not pertain to the DMCA. It doesn't rule on whether or not a carrier can refuse to use a phone, only that bypassing the software to use the phone on the new carrier is not illegal under the DMCA.
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captainplooky

Nov 25, 2006, 12:39 PM
I was only trying to highlight that carriers refusing capable phones due to them not having been purchased from that particular carrier will most likely be the next shoe to drop.
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Kagehiru

Nov 25, 2006, 12:44 PM
I would agree, although I'm not sure I like that premise, honestly. I think it will definitely be a more difficult thing to push through and it will probably come about when one of the major carriers decides to adopt phone neutrality as part of a marketing campaign. Others will then follow.
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sangyup81

Nov 26, 2006, 9:59 AM
The ruling does not force a carrier to do or not do anything other than preventing them from filing certain kinds of law suits.
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captainplooky

Nov 27, 2006, 4:27 PM
🤣
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CS2006

Nov 27, 2006, 3:27 PM
Verizon uses BREW as it's data language, Sprint uses JAVA like most of the industry. To use the K1m's features on Verizon would be impossible. It would be the same for a Verizon phone on Sprint. In either case you would have a voice only phone and an expesive one at that
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ts5671

Nov 29, 2006, 5:08 PM
I work for a big cell phone company and I really dont see how this is even possible. With all the different carriers, and all the different networks, technology, and frequencies, how is this going to be put into effect without having to make cell phone companies change a lot of technical stuff?
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CS2006

Nov 30, 2006, 10:30 AM
That's a very good point. The strength of the U.S. Wireless industry is its diversity. Within reason any carrier can use any viable technology legally. It allows for innovation and going forward with new technologies. There are those who regularly lobby for a standardized U.S. technology that all carriers would be forced to adopt. Their vision is for consumers to buy whatever phone they want at WalMart and then shop for a carrier and not be obligated to stay with them with a contract.
At first glance this looks good for the consumer but it would only lead to the consumer footing the entire bill for a phone and the carriers would be forced to offer less due to higher churn. People have no loyalty to any business and so if someone offered som...
(continues)
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Brighid79

Nov 30, 2006, 10:47 AM
VERY valid points. When I see people everyday who leave a company that they are perfectly happy just because they haven't tried another carrier, or they leave a carrier because of a specific phone, or they have ONE BAD EXPERIENCE with customer service after many good ones (I have seen it!!), etc, your point is highly valid. There are people who leave cell companies for very good reasons - dropped calls, another company has a plan that better meets their needs, etc - but overall, I find the reasoniongs childish at best. People don't seem to understand these companies are in it to MAKE money, and if they can't have their guaranteed contracts, they will make up for it somehow.
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barryefau

Nov 27, 2006, 5:11 PM
Why would you even want to? If you have a sprint phone the only thing you could do is make calls and txt message, no mobile web, GIN, or whatever.. it's just a lot easier don't you think?
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algorithmplus

Nov 29, 2006, 4:32 PM
Maybe that's all that's needed. We can't assume every customer does use GIN, data, and whatnot.
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Azraelalpha

Nov 29, 2006, 9:01 PM
Haven't you guys read the full article? this pertains mostly to GSM handsetsm which actually use alsmost the same tech, the same frequencies, and all they need to do to switch from one carrier to another is unlock the handset and get a SIM card. CDMA is a whole other story, because CDMA networks need to verify the ESN of the handset before service is aquired on the phone.
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algorithmplus

Nov 29, 2006, 10:31 PM
Some CDMA carriers will activate CDMA handsets that originated with other carriers as long as the ESN is not blacklisted.

That is correct though, it does mostly apply to GSM as CDMA is much more proprietary than GSM.
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