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Originally posted by aah_tree Let me put it this way, unlocking is legal u know why, in toronto, u can bring any GSM phones to FIDO and they will unlock it for you for 200 bucks.. If it is illagel, then fido will be ****ed up already.... It's so simple: Unlocking is legal if done by the provider. You pay back the subsidy and everything is OK: no copyright violation, no financial damage for the provider. Unlocking is illegal if done without the consent of the provider and without paying back the subsidy (as offered by Spear). |
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Originally posted by Killa-b explain this. i buy a phone from cityphone and its locked, no contract. i take it to fido and get it un locked and use it on fido, i stop my cityphone usage. how does city make up their sub? |
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Originally posted by Schukey It's probably only illegal in Germany. |
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Originally posted by F.Ruehl Nope. Copyright is universal. And fraud is prosecuted in North America, too, isn't it? |
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Originally posted by matrix81 Please stop with your techinicality here.. I guess German people are very honest about these unlocking issues, but Americans are very forgiving about this "sin" of unlocking your stinking cell phone |
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Originally posted by AdmiralAK Is this the law in germany ? Or is this international law ? Copyright is international law. Fraud is punishable everywhere, too. When you buy a prepaid package there is no set amount of time that you have to stay with them, that is the reason it is prepaid and you dont have a contract. Usually there is a certain amount of time that you cannot use your phone with another privider. Here in Germany you have to stay with the original provider for 2 years or pay ~80$ before you can legally unlock you phone. IF there is a "contract" inside the box with the prepadi package, then I agree with you that you are bound by those terms. If there is not contract in or out of the box you are not. I don't know of any prepaid package that doesn't come with some sort of service contract. It's just that you don't have a monthly fee. Even if there's no contract at all: If - the provider lock is part of the prepaid package description - the provider lock is communicated on the advertising - you are told of the provider lock in the store then you agreed to this condition when buying the package. You're bound to it. Furthermore, unlocking doesnt mean not using a certain provider. You can unlock it and still use the same provider. The concepts are not mutually exclussive. Are you serious with this? The original provider sells you a subsidized phone and *of course* doesn't want you to use another provider. You knew this and you accepted this by signing the contract. If you unlock and use another provider then you breach the contract and steal (at least part of) the subsidy. |

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-- thats what I want to clear up.|
Originally posted by AdmiralAK 1) I want to see proof of this sim-subsidy-lock international copyright(any web sites that you can point me to ?[/B] General copyright is applicable that prohibits the unathorized change of software. You're never the owner but only a licensee. It's the same for your PC software as for your telephone software. There's no need for special SIM lock subclauses. 2) I am serious on my last point. One might have a SIM card from another provider that they want to copy contacts over to their new phone. Or in the case of prepaid packages sometimes you cant find a place to get a renewal coupon (maybe because of the time of day and most shops are closed) and you need to make an important call and you just have another SIM with you, that has some $$$ in it available. I unlocked my phones just to be able to do the SIM swapping thing and save SMSs, get phone numbers from other people and so on. I understand that. However, from a legal point of view it's not OK. 3) On the prepaid package deals, everytime I have gone with my friends (in greece) to get a prepaid package I have not seen writings on the package that it is locked, nor have the store people told us that it was locked. Only after we tried to swap phones (his 3310 and my T28w) for a couple of days did we find out his nokia was locked. That's not OK. If the lock comes as a complete surprise then it's not part of a contract whatsoever. 4) As I said before, for plans I have no problem with rules because its in the contract or in company policy to unlock the phone after xxx amount of money has been paid or if xxxx amount of time has passed. My company here in the USA has a provision that you must be a customer for 3 months before you can unlock your phone (and with good financial standing). Those are just the rules. My beef is with the prepaid packages -- thats what I want to clear up.Here in Germany subsidized phones that you buy with a plan are never locked. You pay for them with your monthly fee over 2 years. Only the prepaid packages have locked phones and it is clearly stated: You mustn't use the phone with another provider for 2 years or pay ~80$. |

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