Unlocking, illegal?

[GeeZuZz]

I was doing some unlocking services for customers through a website. It was just for fun, and to help people who did not have the equipment, or didn't want to do it theirself. I was not a registered company, or made big money on it (I'm 18, and go to school...) - it was just on my spare time.

But the problem is that "Netcom", one of the two operators in Norway, were not aware that it was possible to reset SIM locks or security code, and they engaged a lawyer, and after some days he demanded that i stopped doing the unlocking services, or else they would take me to court. The reason was because I charged the customers for this unlocking service, and it was considered as violation of the marketing law, which "prohibits action in definance of good business practice"

I have now shut down the website, because i can't afford lawyer, or an eventual loss in the court.

I just want to hear you oppinions about this.
Are there any countries in the world unlocking is illegal? (I mean, where it is illegal to charge money for unlocking someone else's phone.)

Hope you understand my bad english...

[Al]

I only know one: in Russia no law :)
Thereis no locked phones (only a cheap one like Siemens A35 and such shit has lock) & blocked IMEIs :)
But, as I think, phones steals here more than anywere else ....... @$#@$#%$!!! my Nokia 6210 also was stolen and now I have only 3310 :(

[Salami1_1]

We here in teh netherlands already had Court case about unlocking.
The outcome was: Unlocking is NOT illegal :)
BUT it differs on the way you do it.. flashing IS illegal here (because of copyright) but just unlocking by codes is perfectly legal here :). Luckly :)


WBR

Salami1_1

[theremoids]

in the philippines... NO.

whats illegal here is UNLOCKING prisons. heheheee!

[weiandy]

No such laws in Sg too.

[nicelad_uk]

I know it might be illegal to unlock phones, but isnt it illegal for networks to lock the phones? Think about it.......

You buy a dual or tri band phone, whats the point in that? So you can put different simcards in it. How the feck are you supposed to do that if its locked to one network? Doesnt this not just make it a single band phone, but a single network phone?

How can companies advertise that it is a dual band phone if it does not work on all operators? surley this is either false advertising or some kind of criminal activity?

[catweasel]

Hi all,

Phone unlocking is a big money spinner in the UK.

Locking phones is restriction of free trade and could be considered a breach of EU free trade legislation?

Unfortunately I don't have the spare cash to challenge the big companies in court. :grin:

Regards.

[nadger]

c'mon ppl you need to spend sometime reading the new law on phones.

its illegal to alter a phone with the intention of hiding its true identity in order to defraud a network provider. AND RIGHTLY SO!

if every phone was barred once lost/stolen etc and imei was unchangeable then phone theft would be a thing of the past. obviously this would require a global imei base though and i cant ever see that getting off the ground.

unlocking a phone cannot come under this restriction.

[lonegunman]

Well put Nadger.:D

[GeeZuZz]

Originally posted by catweasel

Locking phones is restriction of free trade and could be considered a breach of EU free trade legislation?


That's what i mean. The illigal thing should be locking the phones!

[catweasel]

@nadger,

Who said anything about hiding a phones true identity, I don't & won't change IMEI to anything but original, the issue is the phone companies locking the handset to their network and then preventing us from unlocking it to all networks!

That is restricting free trade, isn't it:confused:

Best regards all & everyone, debate is good. :D

[Nanda]

In Brazil GSM is pretty new (introduced in 2001). Before 2001 we only had CDMA and TDMA.

Strictly speaking, LOCKING the phones is illegal in Brazil as it violates the Consumer Defense Code (Act). That's an established fact. However all CDMA operators and some TDMA operators lock their phones (as far as I know it's hard to unlock CDMA). Apparently the National Telecommunications Agency (Anatel) allows them to.

Conflicting legislation is a Brazilian specialty.

I haven't heard of anyone going to court to have their phone unlocked by the operator, but that must have happened a few times. I know for a fact that Telesp and Telefonica Celular refuse to unlock their phones claiming it is "specifically programmed in the factory" to work only with the original network.

As for GSM, it presented an interesting case: Brazil's first GSM operator, Oi, was launched a few months before first competitor TIM. Oi sold simlocked phones, but DID NOT tell its customers about the lock. So when TIM started out and people tried different SIMs in their phones... Well, Oi charges the equivalent of 50 Euros to unlock a phone, but if you take them to Consumer Relations I bet you'll win. And now they do advertise that their phones have "software made specially for use with the Oi network".

So unlocking is not illegal here and I seriously doubt any phone company would ever sue somebody for unlocking phones. They wouldn't dare risk their own locking policy and be exposed to some very very bad publicity. After all, there are 4 competing mobile networks in every region of the country and many can truly claim they do not restrict the phones in any way.

[Shelmo]

i always thought that if you buy a phone which can only use one or two different network sim-cards in it, that doesnt mean its locked..just restricted, however if the phone company locks the phone via IMEI you unblock that..thats illegal.

I havent heard of any cases in UK of ppl getting locked up for unblocking a phone put it that way :)


shelmo

[Nanda]

@Shelmo

Phones are restricted by network code programmed in the phone, not by OTA IMEI registration.

Unlocking it should not be illegal. It's YOUR name and YOUR tax no. on the phone's purchase receipt, isn't it?

[Shelmo]

no i know what you mean, im saying though, it is illegal in this country if the phone is locked via IMEI to get it changed, becos really it wud be quite a simple procedure, but its just nobody wants to peform it.
if the phone is only allowing orange n vodafone(example) then yeah fine its legal to unlock it to all networks,

shelmo

[mexusbg]

In Bulgaria it's not illegal. Why don't you just aska a lawer if that is illegal. But i thing it's not. Thay both the phone, so they can do whatever they want. If no tax is wannted by your country - you can unlock phones. May be the operator are just thrating you.

Sorry for the bad english

[GeeZuZz]

There is noone that know anything about the legality of this, and therefore noone can tell for sure. There are no clear laws about this - that's the problem. Someone need to bring this case to court to find out. But i don't want to partly because of the economy - I can't afford a loss. And they knew that... Cause they can afford a loss.

[Coronator]

The operators lock phones because they sell them cheaper then the phone costs itself. In other words, the operator gives you a sort of subsidy and expects that you give it back the rest of the phone real price by making calls during some period. For example, in Spain you may officially unlock you phone in 1 year after the day of purchage - such condition is included in general conditions of use.
So, in the juridic point of view operators are also clear, because they lock the phone only for some period

[User32]

I'm 99% sure that unlocking is not illegal in Greece, although almost all phones are sold unlocked. How could it be? We have 4 networks here! Even if someone went to court, he would win.
As for the software modification: It brakes the 1-year warranty we have after we buy the phone but this can be easily fixed if there is need to bring it to service: just flash back the original backup.:cool:

[aso]

I'm in Hong Kong, a newbie. What's the difference before and after unlocking the mobile phone? Just the security code and PIN code?

I can use any sim card when buying a mobile phone here.

[User32]

the only difference is that, after unlocking, you can insert other sim cards from other networks into the phone.

[aso]

O ic, thanks. No that restriction here.