O2 and OFTEL/OFCOM XDA IIs and Sim Unlock - MDA III, XDA III, PDA2k, 9090 General

The current hot topic!
Is anybody able to provide me with an official position from OFCOM (UK Independent regulator for telecommunications) regarding the simlocking of mobile phone handsets.
The reason being that I keep on getting told that it's "illegal" for O2 to unlock my XDAiis due to regulations put in place by OFTEL. I reckon they're bluffing because they are using clever words.
Anybody else had this answer and tried to argue it?

OFTEL clearly do not have regulations to make unlocking illegal. Here is a verbatim extract from their website. OFTEL simply state the fact that mobile phone companies have policies about unlocking.
Changing your mobile phone company
If you have a monthly contract, you will probably be committed to paying monthly subscriptions for a year. But if you can change, consider the following:
Keeping your handset when moving to a new mobile phone company
If you want to keep your handset and switch to another phone company, you will need to make sure that your handset is not ‘locked’.
Many mobile handsets in the UK are locked by mobile phone companies so that they cannot be used with another phone company. Your phone company can unlock your phone, but you typically have to wait a minimum period and pay a fee first. Mobile phone companies can tell you about their locking policies.
Before unlocking, you should check that your mobile will work on your intended new network. Retailers can advise you on this.
Alternatively, you can buy a phone that is not locked (‘SIM-free’) and combine it with a SIM card bought separately from a mobile retailer.

Related

O2 UK Say is illegal to unlock my XDA IIs

Hello
I just phone up O2 UK Customer Service and I ask them for the Network Unlock COde and the Operator that take my call say is illegal to unlock your o2 mobile and you isnt allow to do that anyway
Oh my god.... LOL cant believe she say that.... she so stupid
weasley said:
Hello
I just phone up O2 UK Customer Service and I ask them for the Network Unlock COde and the Operator that take my call say is illegal to unlock your o2 mobile and you isnt allow to do that anyway
Oh my god.... LOL cant believe she say that.... she so stupid
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If you bought the phone on a contract then she is absolutely correct.
When you buy the phone on a twelve month contract, then that contract forms a part of the sale. In other words, you havn't finished paying for the phone until the twelve months is up. Given that the phone is still, in part, owned by O2, they can put restrictions on your useage in their terms and conditions including preventing you using the phone on someone else's network. To change the state of the phone whilst it is still under contract it breaking that contract.
I'm afraid, if you want to use the phone somewhere else, you have to pay for the phone yourself! If you want someone else to help you pay for the phone (by getting it massively discounted on a contract) then you have to accept the restrictions that come with that - or wait for someone to create an unlocking utility
i bought it Sim-Free From THE LINK for £550 But is still locked to O2
so in other word the Phone isnt sim-free after all
weasley said:
i bought it Sim-Free From THE LINK for £550 But is still locked to O2
so in other word the Phone isnt sim-free after all
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In that case, I think you need to speak to the link, not O2.
It's not correct to say it's illegal.
Secondly, O2 don't own the phone. It's yours.
Thirdly, get on their case. Mither them, write to them and write a complaint to ofcom.
Bassey said:
weasley said:
i bought it Sim-Free From THE LINK for £550 But is still locked to O2
so in other word the Phone isnt sim-free after all
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In that case, I think you need to speak to the link, not O2.
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Been to THE LINK First then call o2
In the Link they say Is a O2 Device and you should contact O2 for the unlock code since the stock is came from O2 Directly
It is definitely not illegal to unlock a phone in Europe. In the US, it might fall under the DMCA, and be considered illegal.
Like Bassey said, the contract you signed might forbid you from unlocking the phone, but this would be a case for civil court. No operator would find it sensible to pursue individuals who unlock their phone unless this becomes a major problem.
LeSkip said:
It is definitely not illegal to unlock a phone in Europe. In the US, it might fall under the DMCA, and be considered illegal.
Like Bassey said, the contract you signed might forbid you from unlocking the phone, but this would be a case for civil court. No operator would find it sensible to pursue individuals who unlock their phone unless this becomes a major problem.
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The XDA IIs is not from Contract..... is supose to be Sim-free.... on my invoice is say Unconnect Sim-free O2 XDA IIs
so I should entitle to get the phone to be unlock since i am not commit to a contracy
As has been said already - if you have bought it supposedly sim-free from the link, then your gripe is with them as they are breaking trades descriptions laws by selling a sim-free unit when it is network locked.
In my understanding, no phone company would ever block you from getting a phone unlocked through their own channels as it is still revenue for them if they charge you. You are still tied to the contract anyway, therefore they know they will make money out of you either way.
The only way you may have trouble from the network is if you unlock independently, as they can then claim you have tampered with the handset and are therefore out of warranty should you have a fault with the unit.
The Link are definately out of order here. The problem is that you've bought it sim free, so you don't have a Service Provider. And the link are basically telling you to ring your Service Provider. ITS THEM!!.
To get a quick soluiton email your IMEI and proof of purchase to [email protected] and they will sort it out. They did for me.
JD
Ludicrous, really...
It seems that every time you speak to someone at O2 customer services you get different answers; it's verging on the ridiculous.
My situation is that I will be travelling to Montana in the US on business next month, but the city which I'm going to is not covered by any of O2's roaming network partners - information that I double-checked before contacting O2.
Armed with this knowledge, I set about emailing O2 support. I explained the situation, and the responses were as follows (edited for brevity)
Me: I'd like to SIM unlock my XDA IIs as I'm going abroad to an area that O2 do not have sufficient roaming partner network coverage.
O2: SIM Unlocking costs £15, but we don't unlock handests until after your 12 month contract is up.
Me: Hang on a minute, I'm locked into the contract for 12 months anyway, and on my O2 Max tarriff, you'll get at least £900 out of me for the duration. If I were to cancel my contract, I'd still have to pay O2 the remainder of my line rental and, if I didn't, you could but a global bar on the handset's IMEI... so where's the risk to O2?
O2 Yes, we confirm you've had your handset for less than 12 months; if you wish to cancel, you'll need to pay us for the remaining line rental. If you wish to use your handset abroad, you need to have international roaming activated. To do this, you will need to lodge a £100 deposit against your account, which is refundable after three months.
Me FFS! I never said I wanted to cancel, and my tariff already includes ITS (as published) and now you say I have to pay £100 to roam? Did you miss the part where I mentioned that you have NO PARTNER COVERAGE in the area which I'm travelling to?? Please escalate this issue to a supervisor.
O2 Hello. You have had your contract for less than twelve months. If you wish to SIM unlock your handset, you will have to cancel your contract, pay for any outstanding call charges and the line due for the remaining portion of your contract, plus a £15 unlock fee.
... at this point, I could kill... so I telephone O2 customer services instead.
I get told:
1. The O2 shop can do it for you
2. The O2 shop tells me they'll call customer services on my behalf
3. The O2 shop calls me and says "They say it'll cost over £900"
4. I call O2 customer services - again - and ask for a supervisor, and get told to contact O2 network services on a different number
5. O2 network services say they DO have partner coverage in Montana, and that this info is on their website... I'm not near a PC when I take this call, so I cant check.
I get to my desk, get to the O2 website and check for Billings, Montana, USA under international coverage. Guess what? No Coverage
6. I call O2 customer services again, thinking to myself that perhaps a lesser person would have resorted to mass-murder by now. I explain the situation in detail again, get told "can't unlock under 12 months yada yada" and then ask to speak to a manager. Two minutes of being on hold and then I'm told - "Right, we're organising your unlock code for you"
A half dozen emails and about 1 hour of 0870 calls to get there.
Compare and contrast this with my call to Orange to SIM unlock my SPV C500 yesterday:
Me Hello, SIM unlock yada yada
Orange Fine; we've requested the code and will call you for your £20 payment once we have it, which will be around 5 business days time.
I've had my C500 since August 26th... yes, five whole months
So, in summation
O2 = first to market with the goods, but crap support
Orange = late getting the handsets, but very little hassle
i totally agree with u
when i got my vodafone SE v800 with contract
i called the customer service the same day say i want a network unlock code .... they say fine there will be a charge of £25.... i say that fine no problem .... after they give me the code straight away no question asked
From taking contract out to un-sim lock mt phone take no longer than 15min
I usually dnt like voadfone bcoz there low coverage in my area but that time is the first time i prasie them
O2 also told me if was illegal to unlock my XDA II. Eventually (after speaking to several O2 representatives) they agreed to do it for £25 charge and said it could take up to 28 days to be applied.
At that point I downloaded the unlock utility and within 2 mins had a nice unlocked XDAII.
Seems to me the least hassle to get the phone unlocked !
cheers
Russ.
Re: Ludicrous, really...
TheMadScot said:
A half dozen emails and about 1 hour of 0870 calls to get there.
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Hi.
Thought you may be interested in the following service:
http://www.registeredcall.com/?cat=2&subcat=1&compID=2
You call this 0871 number and record phone conversations. You can then download the audio file or send a link to the file if needed.
Use it when you are phoning customer services etc so you have a copy of what people have told you - very usefull.
I have no connection with the service - I just think its a handy tool to use.
Regards,
Ian Watson
russ said:
O2 also told me if was illegal to unlock my XDA II. Eventually (after speaking to several O2 representatives) they agreed to do it for £25 charge and said it could take up to 28 days to be applied.
At that point I downloaded the unlock utility and within 2 mins had a nice unlocked XDAII.
Seems to me the least hassle to get the phone unlocked !
cheers
Russ.
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Y'know, if someone out there had developed a utility to unlock the XDA IIs, I'd have done the same thing
Unfortunately time wasn't on my side here... it's less expensive for me to pick up a Verizon or Sprint pre-pay SIM for my XDA IIs than to go to the trouble of either
a) Purchasing a pre-pay mobile in Montana, or
b) Renting a handset for use whilst I'm there
I'd rather pay the £15 to O2, get a pre-pay SIM when I touch down, and alter my O2 voicemail to say "I'm out of the country; call me on +1 xxx etc. if you need me" for the duration of my stay. That way I'll retain all my important data on my IIs, be able to dial within the States when necessary without spending silly money, and call back to the UK to retreive my voicemail without it costing a packet.
The one feature of my IIs that'll get worked overtime is the built in WiFi; there's plenty of hotspots around so I might even take a look at Skype for those occasions I need to call
SIM FREE does not mean unlocked to all networks, it means the phone is sold without a sim, I know we assume that sim free means unlocked but that is not the case, if it was the case it would be advertised as open to all networks, crafty maybe but there is no onus on the the link to do any more for you.
I'm pretty sure in this case you could probably push them for selling it with misleading information.
I do appreciate what you're saying though and again, we dont have all the facts of how the salesman actually described the product to the buyer.
that's strange, i just got my xda IIi and then phone to the O2 customer service, they said that i have to pay 15 pounds, then they will send the unlock code to me within 14 days.
weasley said:
LeSkip said:
It is definitely not illegal to unlock a phone in Europe. In the US, it might fall under the DMCA, and be considered illegal.
Like Bassey said, the contract you signed might forbid you from unlocking the phone, but this would be a case for civil court. No operator would find it sensible to pursue individuals who unlock their phone unless this becomes a major problem.
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The XDA IIs is not from Contract..... is supose to be Sim-free.... on my invoice is say Unconnect Sim-free O2 XDA IIs
so I should entitle to get the phone to be unlock since i am not commit to a contracy
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This is OUTRAGEOUS!!!! "SIM free" generally means unlocked... so you're supposed to be able to use any wireless carrier... Even though the word "SIM free" word-for-word means "no SIM" and not necessarily means unlocked, the "SIM free" word has been widely used to indicate that a device is also unlocked.
It's clear that "The Link" is playing word games with its customers. This vendor is NOT TO BE TRUSTED AGAIN...
From what has been said (and not having seen your contract with the Link or the full surrounding circumstances) it sounds like:
1 Either the link is in breach of its contract/its obligations to you as a consumer under Sale of Goods Act (SOGA); or
2 You have an actionable remedy for misrepresentation against the Link shop involved (you would need to verify that there is no small print at the point of sale or alongside the demonstration phone defining exactly what sim free means/that you weren't informed of what this meant by the sales assistant).
Absent any definition of Sim free I think it is reasonable to intrepret this as available for use with any network.
Contract/Sale of Goods Act
There are certain terms implied into all consumer contracts by SOGA. The most important being that the phone is of satisfactory quality and fit for the purpose and as described. Important here is to check through the point of sale posters and leaflets etc (see above). Also when you were speaking to the sales representative did you make know to him or her that you would be making use of this phone with another sim. If you did then this puts you in a real position of strength as you will have expressly made a particular purpose known to the vendor. If not you still probably have a reasonable case that either the phone is not of satisfactory quality (given the manner in which it was described) or that there is an actionable misrepresentation.
Misrepresentation
There are 3 types of misrepresentation (innocent, negligent and fraudulent) with technically differing effects upon your contract. But leaving the legal technicalities aside, at the very least there is a good argument that there has been an innocent or negligent misrepresentation by the Link here aside from a breach of SOGA. Either way you are entitled to demand that the Link resolve this situation to your satisfaction or threaten to take them to the small claims court.
Conclusion
Where you get to, is do you want the phone? If yes, write to them and demand that they resolve this with 02 forthwith. State your legal rights to them as outlined above (remember to think about your particular circumstances). Alternatively if you don't get anywhere say that you will and pay the necessary unlocking charge to O2 and will seek a refund of this charge and your costs from the Link (keeping the Link notified in writing and retaining all paperwork and receipts). You can then take action against the Link (if necessary) to recover it.
If you don't wish to keep the phone, then return it to them and demand a refund immediately. Do not delay.
Finally, there are various helpful guides to your rights as a consumer on the government sites - see dti.gov.uk and look for sale of goods act. Remember that everything depends on the facts of a particular case.
Good luck
P.S Finally, having given some pro bono advice, I would appreciate some help in return from anyone who would be willing to spend 30 minutes on the telephone with me going through the upgrading process. Having read through Wiki I am getting lost with all the Dos commands root files etc. If anyone can, please PM me.
Thanks J

Anyone care to discuss unlocked phones? I hope this isn't true.

http://yro.slashdot.org/story/13/01...ile-phones-becomes-illegal-in-the-us-tomorrow
I think it applies to a carrier unlock., not a bootloader for custom roms.
Sent from my LG-LS970 using xda app-developers app
"You have 48 hours."
Sent from my LG-LS970 using xda app-developers app
Carrier unlocking is what it's talking about. This is also further proof that the the United States is has become "by the corporation for the corporation".
" Unlocking a phone frees it from restrictions that keep the device from working on more than one carrier's network, allowing it run on other networks that use the same wireless standard. This can be useful to international travellers who need their phones to work on different networks. Other people just like the freedom of being able to switch carriers as they please. "
Assimilated using the interface that interacts with the advanced internet.
unlocking becomes the new jailbreaking lol
I didn't see this thread, hopefully a Mod will have mercy on me and delete my thread.
The basis of this law being passed is so weak that it really does make me quite concerned that the rooting community is going to come into focus before long. The judge ruled that unlocking a phone infringes on copyright laws, which it really doesn't, and I suspect that long term the rooting community will be a target. You can already see from companies like Motorola and now HTC that this is an area of concern for them.
Personally I am concerned for it, but would hope that companies that openly support rooting like Samsung and Google will come to our aid.
If the government DOES take action against rooting, I would hope that a judge would look at an OS like Android and rule that rooting cannot by definition be illegal since everything is open source. But we all know how that is likely to go.
I registered and signed the petition. Not sure if it'll do much, but hope it catches attention.
Sent from my LG-LS970 using xda premium
It only applies to carrier unlocking, it does not affect unlock bootloaders.
latindor17 said:
It only applies to carrier unlocking, it does not affect unlock bootloaders.
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With an immediate outlook you are absolutely correct. The problem here is the precedent that is being set.
If courts rule that simply unlocking a phone that is no longer "leased" per the terms of a contract is copyright infringement, there is not a huge jump for the courts to then apply this to the rooting community. Companies are already laying groundwork against custom ROMs, like HTC, Motorola, and to an extent Apple with the jailbreaking community. This could snowball in the future and make life really miserable for anyone wanting to root.
Copypasta from other thread.
Technically, the issue I see here is that you're 'leasing the phone' from the telco. This is apparent because if you cancel your service before the contract expires, you pay a 'fee' associated with a 'termination'. If you don't return the phone they 'gave' you, you are also charged another fee. They technically 'own' the phone until you've fulfilled the contract (afaik), therefore, they can legally tell you 'you can't use this phone on another service provider until you fulfill the terms you agreed to with us'.
Now if that contract later on specifies 'you shall not use software on your device unless it is specifically approved by acme telco.' or the like, then I could see a strong case for 'rooting is illegal' as you technically 'agree' to the service contract when you purchase service from that provider.
NOTE: You can still purchase unlocked phones from the service provider (or manufacturer) but they're usually more expensive (you know that discount you get from sprint? that's cause they pay for the rest of the phone, in the hopes that you won't default on the contract you sign.)
I like how you added in the part about "no longer "leased" per the terms of a contract" as that does change the argument you present, however, that's not what's at issue here. What's at issue here is you 'carrier unlocking' a phone that you specifically agreed to use on their network, so you can use it on another network (technically, this is a breech of contract, and technically you've defaulted if you do this by not following the terms of the contract).
benmatlock said:
Copypasta from other thread.
Technically, the issue I see here is that you're 'leasing the phone' from the telco. This is apparent because if you cancel your service before the contract expires, you pay a 'fee' associated with a 'termination'. If you don't return the phone they 'gave' you, you are also charged another fee. They technically 'own' the phone until you've fulfilled the contract (afaik), therefore, they can legally tell you 'you can't use this phone on another service provider until you fulfill the terms you agreed to with us'.
Now if that contract later on specifies 'you shall not use software on your device unless it is specifically approved by acme telco.' or the like, then I could see a strong case for 'rooting is illegal' as you technically 'agree' to the service contract when you purchase service from that provider.
NOTE: You can still purchase unlocked phones from the service provider (or manufacturer) but they're usually more expensive (you know that discount you get from sprint? that's cause they pay for the rest of the phone, in the hopes that you won't default on the contract you sign.)
I like how you added in the part about "no longer "leased" per the terms of a contract" as that does change the argument you present, however, that's not what's at issue here. What's at issue here is you 'carrier unlocking' a phone that you specifically agreed to use on their network, so you can use it on another network (technically, this is a breech of contract, and technically you've defaulted if you do this by not following the terms of the contract).
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What I have read on this legislation is that regardless of whether or not you are still in the contract you may not unlock the subsidized phone sold to you by the phone company. I am the first to admit my understanding of this is far from perfect, but what I have read indicates that you CANNOT unlock the phone regardless of whether or not you are in the contract. This is, in my opinion, an area that the telephone companies should not be able to regulate. I took the "lease" terminology from the post you referenced earlier. In reality this is not a lease as much as it is a "lease to own" situation. The company does not request the phone back after the contract expires and cedes ownership of the property at that point to the individual. Under these circumstances the contract to use the phone specifically on their network is fulfilled.
I agree with you completely that while still under contract this is a completely valid legislation, and users should understand the terms of the contract, but it has also been reported extensively that the legislation extends beyond the end of the contract and allows phone companies to enforce these copyright laws after the expiration of the contract. THIS is the precedent that concerns me for the rooting community.
Xiutehcuhtli said:
What I have read on this legislation is that regardless of whether or not you are still in the contract you may not unlock the subsidized phone sold to you by the phone company. I am the first to admit my understanding of this is far from perfect, but what I have read indicates that you CANNOT unlock the phone regardless of whether or not you are in the contract. This is, in my opinion, an area that the telephone companies should not be able to regulate. I took the "lease" terminology from the post you referenced earlier. In reality this is not a lease as much as it is a "lease to own" situation. The company does not request the phone back after the contract expires and cedes ownership of the property at that point to the individual. Under these circumstances the contract to use the phone specifically on their network is fulfilled.
I agree with you completely that while still under contract this is a completely valid legislation, and users should understand the terms of the contract, but it has also been reported extensively that the legislation extends beyond the end of the contract and allows phone companies to enforce these copyright laws after the expiration of the contract. THIS is the precedent that concerns me for the rooting community.
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Well, what I have read on the legislation (just got done reading the jist of the part about phones) from the verbage, it implies that carriers (like AT&T for example) offer 'unlocking provisions' that allow you to unlock the device after the expiration of the contract.
benmatlock said:
Well, what I have read on the legislation (just got done reading the jist of the part about phones) from the verbage, it implies that carriers (like AT&T for example) offer 'unlocking provisions' that allow you to unlock the device after the expiration of the contract.
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I will read some more at work tomorrow. Too late for me to put that thinking cap on.
Sent from my LG-LS970 using xda app-developers app
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VoluntaryMan said:
It's not illegal for me since I'm using Ting which doesn't frown upon customers running custom ROMs or rooting routing their phones.
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It's not illegal to use custom ROMs yet for anyone.
Unlocking phones is still legal for phones purchased before the 27th. For most people, this law will only affect you with the next phone that you buy.
Thinking about this..
How would they ever be able to figure out you've done this? Are they going to call other Service Providers and ask "hey man, you got this imei on your network??"
They aren't going after the users. Just the sellers of unlocked phone as its the process of unlocking that's supposedly now illegal.
Sent from my LG-LS970 using xda app-developers app
I would say at this point for all of us here in this forum at least would understand that Sprint as our carrier as well as Verizon will not ever ever allow a non carrier specific ESN on there network , even if say someone were to flash one of our devices to cricket or metro they would no longer be allowed to switch that device back.
So this law that is highly geared towards aggravated theft and people being hurt even killed over there very expensive smartphone (let's be totally honest iSuck ) and with out any hassle putting it on a different carrier and not be traced, has nothing to do with the rooting community or custom ROMs especially here on xda where it is moderated to not allow copyright infringement or taking credit for any company's work
Sent from my LG-LS970 using xda app-developers app

Seriously!!!! they are kidding, Right??

Unlocking New Mobile Phones Becomes Illegal In the US Tomorrow
Posted on Friday January 25, @09:30AM
from the who-owns-your-stuff dept.
Tyketto writes
"Referencing a decision outlined in the Federal Register, Tech News Daily has published an article noting that the window to unlock your new mobile phone in the U.S. is closing. 'In October 2012, the Librarian of Congress, who determines exemptions to a strict anti-hacking law called the Digital Millennium Copyright Act (DMCA), decided that unlocking mobile phones would no longer be allowed. But the library provided a 90-day window during which people could still buy a phone and unlock it. That window closes on January 26.' While this doesn't apply to phones purchased before the window closes, this means that after 1/26/13, for any new mobile phone you purchase, you'll have to fulfill your contract, or break the law to unlock it."
It will still be perfectly legal to purchase an unlocked phone, which many carriers offer. This change removes the exemption for buying a new phone under contract (and thus, at a discount) and then unlocking it.
Yes to monopolize and to limit the development on android. These apple and samsung are both sharks who owns the senate )
Sent from my GT-N7000 using xda app-developers app
Sadly old news, just because its illegal wont stop it happening though same as console modding, piracy or any other such thing. They are just taking the view of carrier locks should be DCMA protected. I dont agree with it but well theres quite a few things I dont agree with that get into law. Thankfully im not over in the states or I would be a dirty dirty criminal.
Just to reiterate, this only applies to after market SIM Unlocking - e.g. places where you pay money to sim unlock phones. Doesn't apply to carrier sim unlocking, factory unlocked phones, or bootloader unlocking.
jonshipman said:
Just to reiterate, this only applies to after market SIM Unlocking - e.g. places where you pay money to sim unlock phones. Doesn't apply to carrier sim unlocking, factory unlocked phones, or bootloader unlocking.
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This.
You can still unlock the bootloader, root and flash to your hearts content. You just can't buy a phone on AT&T unlock by a third party and move to T-Mobile. Also it only applies to the USA.
HTC's sudden anti developer stance is far more worrying and is going to lose them a lot of customers.
Sent from my Nexus 10 using xda app-developers app
Land of the no longer free.
People could have stopped that bill easily but hardly anyone bothered to read it and thought it was merely about illegal downloads.
Supporting a campaign against it and spreading the word was one of the reasons they went all out to close demonoid the torrent site down.
To be honest i don't see why any carrier should sim lock a phone, after all when you sign a contract you are bound for that contract length regardless of the phone being locked/unlocked.
After the contract is finished you will either stay with that carrier or upgrade again all with the phone being locked or unlocked.
I tend to get my phones from shops that sell them already unlocked & i have been with the same carrier for 8 years now.
Network SIM locking is one thing, breaking US law unlocking your damn focking phone is ridiculous, you own the focking thing anyway,Americans laws are really strange
I hope this will not happen in EU
Sounds absolutely ridiculous to me, Android's open source so whats the deal? Unless I'm missing something. As someone mentioned previously, I hope it doesn't come to the eu.
fmaskarin said:
I hope this will not happen in EU
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The Americans are pressuring the EU to adopt the legislation as international law. One of the few partys resisting it are these guys
http://www.pirateparty.org.uk/
Braderzf50 said:
Sounds absolutely ridiculous to me, Android's open source so whats the deal? Unless I'm missing something. As someone mentioned previously, I hope it doesn't come to the eu.
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What does Android been open source have to do with SIM unlocking?
OP: Can you put in the title that this applies to SIM unlocking to help out people that dont read before ranting???
Fellows here comes the trend of buying unlocked phones. These carriers will cry once people start buying their own phones. They will only get the utility and less profit.
Sent from my GT-N7000 using xda app-developers app
I can understand this as the network are subsidising the cost of the phone expecting to make the money back during the contract - but even if you unlock it to another network your still going to be liable for the monthly contract charges? so this only makes sense for PAYG which aren't greatly reduced from the unlocked price anyway.

Unlocking Now Illegal

So with this new legislation claiming that unlocking a cell phone infringes on copyright laws, how long before the question of rooting comes before a judge?
The basis of this law being passed is so weak that it really does make me quite concerned that the rooting community is going to come into focus before long. Would just like some thoughts from everyone.
Xiutehcuhtli said:
So with this new legislation claiming that unlocking a cell phone infringes on copyright laws, how long before the question of rooting comes before a judge?
The basis of this law being passed is so weak that it really does make me quite concerned that the rooting community is going to come into focus before long. Would just like some thoughts from everyone.
Click to expand...
Click to collapse
Technically, the issue I see here is that you're 'leasing the phone' from the telco. This is apparent because if you cancel your service before the contract expires, you pay a 'fee' associated with a 'termination'. If you don't return the phone they 'gave' you, you are also charged another fee. They technically 'own' the phone until you've fulfilled the contract (afaik), therefore, they can legally tell you 'you can't use this phone on another service provider until you fulfill the terms you agreed to with us'.
Now if that contract later on specifies 'you shall not use software on your device unless it is specifically approved by acme telco.' or the like, then I could see a strong case for 'rooting is illegal' as you technically 'agree' to the service contract when you purchase service from that provider.
NOTE: You can still purchase unlocked phones from the service provider (or manufacturer) but they're usually more expensive (you know that discount you get from sprint? that's cause they pay for the rest of the phone, in the hopes that you won't default on the contract you sign.)

▀▄► Unlocking Any Phones in USA 100% illegal ! ◄▀▀▄▄ READ!!! ALERT!!

▀▄► Unlocking Any Phones in USA 100% illegal ! ◄▀▀▄▄ READ!!! ALERT!!
Unlocking Phones Now Illegal in USA
In October, 2012, the US Librarian of Congress changed the Digital Millennium Copyright Act (DMCA) to prevent users from unlocking their phones and using them to access multiple service providers. However, the change also allowed for a temporary, 90-day period before the new legislation would be put in place, during which users would be free to unlock their devices.
That period ended on Saturday, 26 January, and it is now illegal for American smartphone users to unlock their phones without permission from their service providers.
Unlocking phones allows people travelling in foreign countries to access local mobile networks and avoid large bills from their domestic providers.
However, in its ruling on the changes to the DMCA, the US Federal Register explained that since several providers offered unlocked versions of phones already, there was no reason that users should be legally allowed to unlock phones themselves. In it's original ruling, the Federal Register explained:
"While it is true that not every wireless device is available unlocked, and wireless carriers' unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone.
"Thus, the Register determined that with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."
US service provider Verizon sells pre-unlocked versions of each phone it stocks, while AT&T unlocks any device which is out of contract. Many Us phone users unlock their devices in order to be able to use them abroad with a different network, allowing them to make big cost savings.
In response, Electronic Frontier Foundation attorney Mitch Stoltz told Engadget that the changes to the DMCA would deprive users who unlock their phones themselves of any legal defence, and reduce the value of the used phone market, where locked devices sell for less money:
"What's happening is not that the Copyright Office is declaring unlocking to be illegal, but rather that they're taking away a shield that unlockers could use in court if they get sued," Stoltz said. "This shows just how absurd the Digital Millennium Copyright Act is: a law that was supposed to stop the breaking of digital locks on copyrighted materials has led to the Librarian of Congress trying to regulate the used cellphone market."
An online petition to the White House to make the unlocking of phones legal again has already received more than 25,000 signatures:
"As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired," the petition explains. "Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.
"We ask that the White House ask the Librarian of Congress to rescind this decision," the petition continues "and failing that, champion a bill that makes unlocking permanently legal."
The worst-case scenario for an individual or civil offense could be as much as a $2,500 fine. As for those planning to profit off of the act or a criminal offense -- such as a cellphone reseller -- the fine could be as high as $500,000 and include prison time.
Cellphone Websites Based in USA or OWNERS living in USA of offshore websites will be Prosecuted to full extent of the law.. Customer's unlocking phones from now will be charged.. FBI will start raiding these people for the customer invoice list.
Education and knowing the new laws will prevent any accidental jail time..
Just want to let everyone know this...
This is all true, no B u l l $ h i t...
Be safe!!
-----------------
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gsm1999 said:
Unlocking Phones Now Illegal in USA
In October, 2012, the US Librarian of Congress changed the Digital Millennium Copyright Act (DMCA) to prevent users from unlocking their phones and using them to access multiple service providers. However, the change also allowed for a temporary, 90-day period before the new legislation would be put in place, during which users would be free to unlock their devices.
That period ended on Saturday, 26 January, and it is now illegal for American smartphone users to unlock their phones without permission from their service providers.
Unlocking phones allows people travelling in foreign countries to access local mobile networks and avoid large bills from their domestic providers.
However, in its ruling on the changes to the DMCA, the US Federal Register explained that since several providers offered unlocked versions of phones already, there was no reason that users should be legally allowed to unlock phones themselves. In it's original ruling, the Federal Register explained:
"While it is true that not every wireless device is available unlocked, and wireless carriers' unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone.
"Thus, the Register determined that with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."
US service provider Verizon sells pre-unlocked versions of each phone it stocks, while AT&T unlocks any device which is out of contract. Many Us phone users unlock their devices in order to be able to use them abroad with a different network, allowing them to make big cost savings.
In response, Electronic Frontier Foundation attorney Mitch Stoltz told Engadget that the changes to the DMCA would deprive users who unlock their phones themselves of any legal defence, and reduce the value of the used phone market, where locked devices sell for less money:
"What's happening is not that the Copyright Office is declaring unlocking to be illegal, but rather that they're taking away a shield that unlockers could use in court if they get sued," Stoltz said. "This shows just how absurd the Digital Millennium Copyright Act is: a law that was supposed to stop the breaking of digital locks on copyrighted materials has led to the Librarian of Congress trying to regulate the used cellphone market."
An online petition to the White House to make the unlocking of phones legal again has already received more than 25,000 signatures:
"As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired," the petition explains. "Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.
"We ask that the White House ask the Librarian of Congress to rescind this decision," the petition continues "and failing that, champion a bill that makes unlocking permanently legal."
The worst-case scenario for an individual or civil offense could be as much as a $2,500 fine. As for those planning to profit off of the act or a criminal offense -- such as a cellphone reseller -- the fine could be as high as $500,000 and include prison time.
Cellphone Websites Based in USA or OWNERS living in USA of offshore websites will be Prosecuted to full extent of the law.. Customer's unlocking phones from now will be charged.. FBI will start raiding these people for the customer invoice list.
Education and knowing the new laws will prevent any accidental jail time..
Just want to let everyone know this...
This is all true, no B u l l $ h i t...
Be safe!!
-----------------
unlock baseband htc galaxy s3 prepaid iphone 3 4 5 6 4s ipad jailbreak rtsa samsung flashing firmware Samsung note 2 root tab unlocking androidnck CMEA unlocking codes 5.0.1 6.0 6.0.1 6.1 BlackBerry (Torch/Storm/Curve/Bold/Pearl), Samsung, Motorola, LG, Sony Ericsson, HTC, Huawei, Toshiba. Unlock AT&T Tmobile Vodafone Telus Digicel MetroPCS Orange Sprint Verizon unlock apple h20 Net10 Virgin Mobile Nextel Cingular Alltel Boostmobile pageplus Telcel MysimpleMobile Simple Mobile Network Unlocking NCK Calculator
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This belongs elsewhere...
gsm1999 said:
Unlocking Phones Now Illegal in USA
In October, 2012, the US Librarian of Congress changed the Digital Millennium Copyright Act (DMCA) to prevent users from unlocking their phones and using them to access multiple service providers. However, the change also allowed for a temporary, 90-day period before the new legislation would be put in place, during which users would be free to unlock their devices.
That period ended on Saturday, 26 January, and it is now illegal for American smartphone users to unlock their phones without permission from their service providers.
Unlocking phones allows people travelling in foreign countries to access local mobile networks and avoid large bills from their domestic providers.
However, in its ruling on the changes to the DMCA, the US Federal Register explained that since several providers offered unlocked versions of phones already, there was no reason that users should be legally allowed to unlock phones themselves. In it's original ruling, the Federal Register explained:
"While it is true that not every wireless device is available unlocked, and wireless carriers' unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone.
"Thus, the Register determined that with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."
US service provider Verizon sells pre-unlocked versions of each phone it stocks, while AT&T unlocks any device which is out of contract. Many Us phone users unlock their devices in order to be able to use them abroad with a different network, allowing them to make big cost savings.
In response, Electronic Frontier Foundation attorney Mitch Stoltz told Engadget that the changes to the DMCA would deprive users who unlock their phones themselves of any legal defence, and reduce the value of the used phone market, where locked devices sell for less money:
"What's happening is not that the Copyright Office is declaring unlocking to be illegal, but rather that they're taking away a shield that unlockers could use in court if they get sued," Stoltz said. "This shows just how absurd the Digital Millennium Copyright Act is: a law that was supposed to stop the breaking of digital locks on copyrighted materials has led to the Librarian of Congress trying to regulate the used cellphone market."
An online petition to the White House to make the unlocking of phones legal again has already received more than 25,000 signatures:
"As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired," the petition explains. "Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.
"We ask that the White House ask the Librarian of Congress to rescind this decision," the petition continues "and failing that, champion a bill that makes unlocking permanently legal."
The worst-case scenario for an individual or civil offense could be as much as a $2,500 fine. As for those planning to profit off of the act or a criminal offense -- such as a cellphone reseller -- the fine could be as high as $500,000 and include prison time.
Cellphone Websites Based in USA or OWNERS living in USA of offshore websites will be Prosecuted to full extent of the law.. Customer's unlocking phones from now will be charged.. FBI will start raiding these people for the customer invoice list.
Education and knowing the new laws will prevent any accidental jail time..
Just want to let everyone know this...
This is all true, no B u l l $ h i t...
Be safe!!
-----------------
unlock baseband htc galaxy s3 prepaid iphone 3 4 5 6 4s ipad jailbreak rtsa samsung flashing firmware Samsung note 2 root tab unlocking androidnck CMEA unlocking codes 5.0.1 6.0 6.0.1 6.1 BlackBerry (Torch/Storm/Curve/Bold/Pearl), Samsung, Motorola, LG, Sony Ericsson, HTC, Huawei, Toshiba. Unlock AT&T Tmobile Vodafone Telus Digicel MetroPCS Orange Sprint Verizon unlock apple h20 Net10 Virgin Mobile Nextel Cingular Alltel Boostmobile pageplus Telcel MysimpleMobile Simple Mobile Network Unlocking NCK Calculator
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Wow that's crazy
This is not related to Note 2 directly. I've already moved a handful of these types of threads to XDA General, I suggest you take this conversation there OR in the Off Topic thread here.
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