Database Info

New Law -Ok to Hack your Phone to another carrier now

http://www.npr.org/templates/story/story.php?storyId=128772296
"Another exemption will allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers."

Apple's restrictive obsession finally bit them in the a$$...

This is fine and dandy indeed, but do you really think the wireless service providers aren't going to throw heaps of lobbyist money to thwart this effort?

All phones in the USA should come sim unlocked prior to buying the phone. Carriers should worry and concentrate on their data supplied and packages.
Not worry about "locking" down cells lure buyers to their company because they sim locked the phone to their network.
USA needs too learn a few more things from Europe.

Yes but what about the case of Verizon phones where they don't use SIM cards? would they be required to switch to an "unlockable" phone setup? I'm thinking no, in which case what you may see in the case of other carriers is that their special phones (like iphone) are going to be locked down in the same manner as Verizon, i.e. SIM cardless

monty_boy said:
This is fine and dandy indeed, but do you really think the wireless service providers aren't going to throw heaps of lobbyist money to thwart this effort?
Click to expand...
Click to collapse
It's apparently a done deal.
The DOJ has also launched a probe into the legality of the Apple/ATT deal... Something like 90% of their cases always win. So in other words, when the DOJ launches an investigation against you, you're screwed (they basically have the case built, just not officially).
Like I said earlier, Apple shot themselves in the foot with this one.

the problem si that there still lowed to put these restrictions on in the first place. there should be an option in a menu somewhere that says hey do you want to only user the appstore or would you like to be able to sideload apps. from those ive spoken to over 90% of people don't understand what a root or jailbreak is.

Hepæstus said:
Yes but what about the case of Verizon phones where they don't use SIM cards? would they be required to switch to an "unlockable" phone setup? I'm thinking no, in which case what you may see in the case of other carriers is that their special phones (like iphone) are going to be locked down in the same manner as Verizon, i.e. SIM cardless
Click to expand...
Click to collapse
Verizon and have been switching their phones over to sim compatible

is there a reason why the MOST IMPORTANT site isnt linked...
https://www.eff.org/press/archives/2010/07/26
GG KK THX BYE!

But... Warranty? will be void still? I don't see nothing about this.

Ummm... Maybe the NPR article took this out of context.
On EFF's request, the Librarian of Congress renewed a 2006 rule exempting cell phone unlocking so handsets can be used with other telecommunications carriers. Cell phone unlockers have been successfully sued under the DMCA, even though there is no copyright infringement involved in the unlocking. Digital locks on cell phones make it harder to resell, reuse, or recycle the handset, prompting EFF to ask for renewal of this rule on behalf of our clients, The Wireless Alliance, ReCellular and Flipswap. However, the 2009 rule has been modified so that it only applies to used mobile phones, not new ones.
Click to expand...
Click to collapse
This seems to mean that the carrier can still lock them, they just can't refuse to unlock them after purchase (IE, after becoming "used").
newalopez said:
But... Warranty? will be void still? I don't see nothing about this.
Click to expand...
Click to collapse
This is all about copyright... In other words, you bought the device you can do what the hell you want with it and Apple can't sue you.
This doesn't mean the App Store is going away or anything else, it basically just establishes into law that Apple can't hold someone at fault for using a device the way they want to use it.
If you do things to the device that aren't supported, you're still SOL. If you pour anti-freeze into your oil of your vehicle, for instance, Toyota or whomever isn't going to support it if you don't follow their manual.
So yes, they still have every right to void your warranty. However as usual, flashing back to stock firmware will net you warranty terms again obviously.

Hhmmm...
How will this ever be enforced? Will the carriers do in store unlocks for "used" phones? Can me and a friend buy phones, sell it to each other for $1 and get them unlocked on the spot!?
...this is gonna be CHAOS! lol

Gootah said:
How will this ever be enforced? Will the carriers do in store unlocks for "used" phones? Can me and a friend buy phones, sell it to each other for $1 and get them unlocked on the spot!?
...this is gonna be CHAOS! lol
Click to expand...
Click to collapse
No it won't be chaos... It really doesn't change much. Instead of doing it after 180 days they're required to as soon as it's "used" (I guess as soon as you buy it??). It also establishes more of a no-questions-asked policy versus having to tell them you travel internationally or something.
The main gist of this thing was aimed at Apple, this just happened to be a side affect.

Well at least here in my country (Portugal), new law was approved this month, now carriers must unlock all phones for free at the end of the contracts.

In my opinion there are two sides to it :
1) If the Service Provider (Sprint, AT&T etc.) gives a subsidy or discount as part of the contract, they should be allowed to network lock the phones since the consumer has not paid the full price of the phone and not fulfilled the contract. However, with the completion of the contract, the service provider should unlock the phone for free.(I am only talking abt the network lock here)
2) If the consumer has paid the full amount, then the phones should come unlocked.
As far as 'Jailbreaking' or installing softwares is concerned, the consumer should have the right to do so in any of the above 2 cases since he is the owner/user of the phone. The Manufacturer or Service provider has NO right to lock that portion. However, they should have the right to void warranty as there is a chance that the user may install potetially harmfull sofware on the phone thereby damaging it.
However, if the law comes that people are able to network unlock their phones legally, there is a chance that the service providers might stop subsidising the phones and ask for upfront payment.

Mikey1022 said:
All phones in the USA should come sim unlocked prior to buying the phone. Carriers should worry and concentrate on their data supplied and packages.
Not worry about "locking" down cells lure buyers to their company because they sim locked the phone to their network.
USA needs too learn a few more things from Europe.
Click to expand...
Click to collapse
i highly agree with you! they should work on providing better network, and data coverage i.e. ATT. they do have a fairly big clientele but is there service worth me moving from tmous. i dont think so. my x girl has att and she can barely get coverage in her house and we live in a city you would think got excellent coverage. SAN FRANCISCO!

Hepæstus said:
Yes but what about the case of Verizon phones where they don't use SIM cards? would they be required to switch to an "unlockable" phone setup? I'm thinking no, in which case what you may see in the case of other carriers is that their special phones (like iphone) are going to be locked down in the same manner as Verizon, i.e. SIM cardless
Click to expand...
Click to collapse
i think they should just phase out with the CDMA phones little by little and start intro'ing with the GSM'. same goes for sprint

Truth be told, CDMA is a superior technology but that's a debate for a different thread.
As far as Sprint and Verizon are concerned, their phones are just as "unlockable" as GSM handsets. MVNO carriers like Revol wireless and Page Plus live off of old beat up verizon and sprint phones. They simply need to be reflashed. With a little google-ing, it can be done fairly easily.

say goodbye to phone subsidies

Great deal. Now it would be a better deal if carriers stop installing crap and bloat that you can't remove or not giving root access to the phone owner which is silly imo, lets see how many are willing to buy a computer without admin rights.

Unlock is going to be illegal?

Is this really what government should be focusing on? I mean really? I always get my phones unlocked. Some I buy unlocked like my current phone and some I get unlocked. Prior to April of last year I was with TMOUS for 13 years. I think I'm a loyal kind of guy but when I go overseas to Europe, etc I object to paying $15 per MB for data and $1.00-1.99 per minute and so I use my unlocked phone with a TMOUK SIM. Funny thing here is I was using TMO both sides even though the UK SIM still required and unlock.
Anyway, I just think this is bulls$it! Will this make all those unlocking sites in the USA illegal? Guess so.
http://news.cnet.com/8301-17938_105...king-of-smartphones-becomes-illegal-saturday/

Not the unlock you are talking about. The illegal part refering to is often called jail break, not SIM unlock.

foxbat121 said:
Not the unlock you are talking about. The illegal part refering to is often called jail break, not SIM unlock.
Click to expand...
Click to collapse
Not so.
Unlocking your cell phone disables the SIM lock that limits your phone to operating on a specific network provider. With few exceptions, most cell phones come locked so that they can only operate with a single service provider. Unlocking your phone allows you to take it to a new provider.
This is the unlock that becomes illegal.

Soon unlocking will become legal in the united states. Google ulocking legal and you will get the whitehouse response for the petition to make unlocking legal (I'm a new member can't post links don't wanna get banned )

abhishek1234321 said:
Soon unlocking will become legal in the united states. Google ulocking legal and you will get the whitehouse response for the petition to make unlocking legal (I'm a new member can't post links don't wanna get banned )
Click to expand...
Click to collapse
Except White House has no power to do that. It needs congress to pass new law. And a bill like that is in the works. But with so many budget fights upcoming. This new bill is certainly not on anyone's top list.

foxbat121 said:
Except White House has no power to do that. It needs congress to pass new law. And a bill like that is in the works. But with so many budget fights upcoming. This new bill is certainly not on anyone's top list.
Click to expand...
Click to collapse
Is it a bill that's needed or an FCC rule? An FCC rule/opinion would be much easier to to manifest than a congressional bill. Either way, the current status is a load of crap!

mobi said:
Is it a bill that's needed or an FCC rule? An FCC rule/opinion would be much easier to to manifest than a congressional bill. Either way, the current status is a load of crap!
Click to expand...
Click to collapse
The unlock currently falls under DMCA law. Not sure how much FCC can do to bypass that law.

foxbat121 said:
The unlock currently falls under DMCA law. Not sure how much FCC can do to bypass that law.
Click to expand...
Click to collapse
You're right. Enforcement may be a bit of a problem though... Can you really imagine the government using all it's resources to stop little old me taking my AT&T phone to use on T-Mo? Any way you look at it, it's a load of crap and I'm sure that this is an unintended consequence.

There will always be unintended consequence of any law.
As for enforcement, all it takes is someone rat you out Like your ex.

Unlocking phones banned

Here's some bad news for us. Unlocking new phones now banned under DMCA, but carriers are in the clear. I wonder what all this actually means for us.

More government restrictions that just bites.

It applies only to carrier lock circumvention. It has nothing to do with rooting or bootloader unlocks. Those are specifically protected.
Sent from my ADR6425LVW using Tapatalk 2

Well that's good to know. I wouldn't want to change carriers. Even though I don't like Verizon much it's still better than the others.
Update: It still sucks that the government wants to stick their nose in. The more control you try to exert the more criminals you have to deal with.
Sent from my SCH - I510 on Tweaked 3.2 + Lazarus + dSlice Tweaks

I don't know the full repercussions of the DCMA exemption expiration, but Verizon seems to be moving towards SIM-unlocked phones anyway.

xdadevnube said:
I don't know the full repercussions of the DCMA exemption expiration, but Verizon seems to be moving towards SIM-unlocked phones anyway.
Click to expand...
Click to collapse
Unless that's just Apple's power over Verizon

It basically only affects GSM carriers. CDMA is pretty carrier locked just by the nature of the tech. Both major GSM carriers now have ways you can get the phones unlocked through official means as long as the phone supports it and you are no longer under contract. AT&T is even unlocking the iPhone by default now if you pay full (unsubsidized) price for it, and they are unlocked straight from Apple when you buy it unsubsidized through them. None of that is illegal. The illegal part is circumventing it yourself to get around the sanctioned ways.
You gotta remember, the carriers are selling phones at a loss when you commit to a contract, knowing they're going to make it up over the life of the contract. The lock is another way they enforce that. You are legally contracted to be with them for the life of the contract to get the discount, and doing anything to circumvent that could be considered breach of contract. In my view this is more a case of the DMCA not invalidating contract law.

shrike1978 said:
It basically only affects GSM carriers. CDMA is pretty carrier locked just by the nature of the tech. Both major GSM carriers now have ways you can get the phones unlocked through official means as long as the phone supports it and you are no longer under contract. AT&T is even unlocking the iPhone by default now if you pay full (unsubsidized) price for it, and they are unlocked straight from Apple when you buy it unsubsidized through them. None of that is illegal. The illegal part is circumventing it yourself to get around the sanctioned ways.
You gotta remember, the carriers are selling phones at a loss when you commit to a contract, knowing they're going to make it up over the life of the contract. The lock is another way they enforce that. You are legally contracted to be with them for the life of the contract to get the discount, and doing anything to circumvent that could be considered breach of contract. In my view this is more a case of the DMCA not invalidating contract law.
Click to expand...
Click to collapse
I don't see a problem, as you have to still pay for the service or pay ETF.

The DMCA has actually helped in more ways than it's restricted.
Not too many people unlock their phones by 3rd party means, anyways.
Sent from my SCH-I510 using xda premium

look Canada is making them unlock their phones
http://www.cbc.ca/news/technology/story/2013/01/28/tech-wireless-code-of-conduct-draft-crtc.html
Sent from my SCH-I510 using xda premium

EveryOne Petition the obama administration to: Make Unlocking Cell Phones Legal

Petition the obama administration to: Make Unlocking Cell Phones Legal.
The Librarian of Congress decided in October 2012 that unlocking of cell phones would be removed from the exceptions to the DMCA.
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.
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.
The Librarian noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked.
We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.
Created: Jan 24, 2013
Issues: Civil Rights and Liberties, Consumer Protections, Technology and Telecommunications
Learn about Petition Thresholds
It's up to you to build support for petitions you care about and gather more signatures. A petition must get 150 signatures in order to be publicly searchable on WhiteHouse.gov.
Over time, we may need to adjust the petition signature thresholds, but we'll always let you know what the thresholds are.
Signatures needed by February 23, 2013 to reach goal of 100,00087,845
Total signatures on this petition12,155. :crying:
PLEASE GO SIGN IT MAKE YOUR VOICE HEARD
https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7

[Q]Does German Vodafone lock Note 4

Hello everyone!
I'm planning to buy a Note 4 from a guy who is coming from Germany with a phone bougth from vodafone germany. He is telling me that vodafone sells samsung devices unlocked. Is there any sim lock and bootloader?
Btw here is the reciept he sent me. It's looks tike it has a contract: https://www.dropbox.com/s/66hqg2zr3nwbd1g/IMG-20141224-WA0000.jpg?dl=0
Should I buy this or not? Thank you.

In the EU it is legally forbidden to SIMlock devices to a specific provider. Even on a contract.
However Samsung has a Region Lock on their devices. You can't use an EU device with a non-EU SIM without first unlocking it with a local SIM by calling, internetting and texting for 5 minutes each.

Sewrizer said:
I don't know about Germany, but I live in the EU and all carriers here give you SIM Locked phones if you buy them on contract. In point of fact, I have seen a lot of iPhones locked by carriers from France and England. The fact that there are so many "companies" that Sim unlock them via IMEI is proof that there is demand for such services.
The problem with them is that they are significantly more expensive to unlock than devices that run Android. The only way (that I am aware of ) of getting a SIM Unlocked phone from a carrier is to buy it without contract.
Edit: I must add that I am not aware of the law you mention, but in practice the situation is different. I would like to read that law, if you could quote it.
Blog: http://applesndroids.wordpress.com
Click to expand...
Click to collapse
It would appear those laws on SIMlocking were not actually enforced, just guidelines to which new local laws must adhere. Until countries review their laws, they need not change. (And there we have the explanation why local laws are all so outdated..)
Those 'companies' are money sucking leeches praying on ignorant customers. Here's why:
"The Directorate-General for Competition (DG IV) has written to GSM/DCS1800
handset manufacturers and network operators in the EEA limiting the use of
the "SIM Lock" feature in mobile phone handsets: the feature effectively
ties the customer to one GSM operator or service provider. The handset must
be able to be unlocked upon demand by the consumer. This will prevent the
anti-competitive effects of the feature vis-à-vis existing or new operators,
and avoid a reinforcement of the division of the mobile phone market along
national lines.
[...]
The practical effect of this will be that consumers will no longer be
charged what were often significant amounts of money for the privilege of
linking their own handset to the services of another operator / service
provider."
They must be unlocked upon request by the service provider, free of charge. Going to a paid 3rd party is sheer stupidity.
http://europa.eu/rapid/press-release_IP-96-791_en.htm
Sadly, many customers are not aware of these laws, and in many countries the courts rule in favour of the mobile operators for less than honest reasons (which they ofcourse always deny, because it has nothing to do with the ungodly amount of ex-politicians in the boards of directors..)
The only thing providers are allowed to do is put a timestamps on how long it takes for you to be allowed to unlock it, usually the time your contract lasts. By doing this, they can charge fees if you want it unlocked earlier.
The problem with Apple is that Apple itself locks the firmware to a carrier, and requires an update from Apple itself to unlock. (Like they also do with 4G for every separate provider.) The bastards have never cared for laws: The EU has laws that every charging port must be a MicroUSB since 2011. Apple ignored that, and with Obama backing Apple and holding the chains on the trade agreements, the EU can't do much more than impose petty fines that are small change to Apple.