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Thread: Your phone or theirs?

  1. #1
    O'Sullivan Bere's Avatar
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    Your phone or theirs?

    As usual, our 'representatives' in DC are looking out for you...not.

    New law makes 'unlocking' cell phones to switch carriers punishable by fines and even prison | Mail Online

    On the one hand, I see fairness to allowing a carrier to seek redress against a customer who obtains a *discounted* new phone in exchange for a subscription term and then have the consumer unlock the phone, break the contract and go to a genuine competitor in bad faith. Then again, they already had remedies for this such as hitting you for breach fees.

    In other countries, they've already been long at work with consumer protection concerns as much as protecting legitimate interests of the carriers, e.g.,

    . . . The Copyright Office in the U.S. found that because there are now unlocked phones widely available to consumers, there was no longer a need to make the practice of unlocking phones a legal one, as they only people who would still be unlocking their phones would be the ones doing it as breach of contract.

    Now, customers will need permission from their carriers in order to unlock a device. Some U.S. carriers like T-Mobile sell unlocked phones, while others like AT&T will let you unlock your phone at the end of your contract.

    As for what this means for Canadians, it looks like we’re pretty safe. The unlocking of cell phones in Canada is deemed a legal practice based on Bill C-343 or the ‘Cell Phone Freedom Act.’ According to the act, any phone can be legally unlocked in Canada at the end of a service contract by the provider, free of charge, if the phone was bought at a discounted rate (which is how many of us get out smartphones in Canada). If you don’t enter into a contract for at least six months or if you pay the full price of the phone, the provider must remove any network lock free of charge at your request. . . .
    Yahoo! News Canada - Latest News & Headlines

    Besides the fact that the decision was premised on lazy and sloppy generalisations, personally I'm getting way too tired of 'copyright' claims that really go steps too far. If I buy a phone, it's ultimately mine and I should only be held to terms of reasonable contracts that aren't unconscionable, disrespectful of reciprocal consumer investments and ownership interests, and/or against public policy.

    For example, IMO it's perfectly reasonable and in the interests of public policy that if I want a phone unlocked for a quick business or holiday trip abroad that I be permitted to do that. If someone legitimately moves abroad without original bad faith intent concerning an agreement, they should be able to unlock a phone and terminate an agreement upon payment of a release fee. And moreover, if there is no contractual obligation in place because the terms have expired, I see absolutely no legitimate reason that I cannot unlock a phone or even have it legally required that they unlock it. And there should be no reason whatsoever for a phone purchased at full price to be locked.

    Contract and copyright law is premised on good faith and fair dealings, and it's abused here IMO and gives way too much power for carriers to control the average consumers. I'm sure they'll be up to more ways to maximise this new advantage. They already have way too much power and influence as it is due to lack of competition and lobby power.

    For example, ever gotten sticker shock if roaming abroad? The EU already has regulations in place that helped resolve unfair and excessive charges and practices for roaming:

    European Commission roaming regulations - Wikipedia, the free encyclopedia

    For example, you're entitled to a carrier text message informing you of the costs of your phone use, e.g., price per minute, text and data. You can't be charged for receiving texts. After all, how can you control that if someone spams the crap out of you when roaming? You can set caps and carrier updates on roaming use. Best of all and far the most important, there is a set schedule for roaming fees so carriers can't excessively charge you for usage in an unconscionable manner.

    But, I'm sure you're surprised, we don't have these kinds of consumer protections here yet. I wonder why...hmmm.
    Last edited by O'Sullivan Bere; 01-26-2013 at 05:10 PM.

  2. #2
    Chloe's Avatar
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    Re: Your phone or theirs?

    Yeah your title says as much insofar as hitting the nail on the head, is it your phone or the manufacturer's property? Some of it likely is covered under contract law given some of the way some companies (*cough* the ones beginning with the letter "V") operate, and they already have plenty of existing law to cover late payment / early break / absconding / flee breaches and or violations of contract without needing to tag along this but it is a better option that what they have coming down the pipe line of "locking down" all phones up to and inclusive of 24 month(s) of contract for such penalties.

    However i do believe that it does now need to be worded in stone the phone is yours to do as you wish once the contract is up even though that is assumed anyway but the copyright and patent infringement arguments made in favor of restricting the unlocking of a phone are total BS. Eventually this will come to a head with contracts being sim / tariff only and people just being the phone outright if companies carry on like this and unless they can get super deals that only cost them like 10 to 15 bucks a month like i can they will just pay the few hundred buck mark up and the 20 to 25 a month for no phone, deal.

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    O'Sullivan Bere's Avatar
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    Re: Your phone or theirs?

    Quote Originally Posted by Chloe View Post
    . . . (*cough* the ones beginning with the letter "V") operate, . . .
    You mean Verizon? Oh no...saintly buggers who are always concerned with the consumer. What's already mostly redundant about this yet another new pro-mobile carrier ruling is that Big Red is a CDMA carrier and has its 'global' phones built to include only foreign GSM bands so you either can't use them or at least cannot use them at 3G-4G speeds on AT&T or T-Mobile in the US. It's therefore usually a waste of time to attempt using them on those competing networks. I don't have a problem with companies constructing phones that aren't designed to work on competitor networks...that's common sense and you know that when you buy them. This new 'crime' just goes to show, however, who the government really works for when you see how US mobile consumers are treated compared to others abroad where such referenced governments actually think and give a shit about fairness and the interests of the consumer too.

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    Re: Your phone or theirs?

    Right! For all the "They serve Wall Street" nonsense, nobody who has any beef with government should let the phone companies get away without blame. It is like Congress is scared to speak out against Verizon which runs the whole shtick, and again people who think the GOP are afraid to talk out against the NRA or Democrats are beholden to the abortion lobby etc, at least that is partisan one way or another. Cell phone and telecommunication companies lobby so well that they are pretty much fine with whichever candidate wins in every single race! I am still yet to see a single individual in Congress ever go up against Verizon.

    I think the whole idea of having the CDMA incompatibility on faster 4G networks within the US is intentional ; then combine that with data caps and limits on Verizon now put on almost every single customer and the loss of unlimited plans and now everyone knows how it is Verizon plan to make money again at a very sharp rate now that the regulation on unfair roaming policies will kick in. The EU for once has got it right on unfair practices on charging you for receiving text messages for roaming but to be fair its not just because it may potentially SPAM you but there is no need to even connect to the carrier's own communication system once the message leaves a message command center from the other person. There is no justified reason to charge people for receiving texts. Or maybe that is just me sounding like i hate phone companies. You make the call lol.

    In regards to stopping people from shafting phone copyrights and patents this is where the unseen damage of what Samsung did comes in ; instead of a Federal judge barring all sales of the Siii, no Apple went straight to the head regulatory agencies to get round the whole deal and now every single company is in likely to have to comply with such measures to prevent phone unlocking leading to the theft of copyrighted and protected data and patents.

    I figure you both were trying to talk about that the other day and figure out whether it was the right way for you to go on your new phone ; please accept my apologies on how loud and noisy it was in the background, didn't mean to make the place sound like one big wild orgy.

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    Re: Your phone or theirs?

    I never liked the vendor lock of hardware.

    I bought my current phone (Samsung Galaxy Note 2) at an electronics shop with no contract. Even then you get some crap from Samsung on it, but at least Samsung allows root acces so I control the device and I can put whatever software/OS I want on it.

    I will never buy any vendor-locked device like a Windows RT machine or anything made by Apple or Sony.



    I don't understand why we let companies get away with it. And sure as hell don't understand why our governements should be supporting this.



    Also see this previous posts by me on this topic Sony removes "OtherOS" feature from PS3

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    PeterUK75 is offline Secretary of Defense
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    Re: Your phone or theirs?

    I must admit this surprises me when I found out you can't unlock a phone. I'm not a phone kind of guy and have only had 3 including my beloved old Nokia 3310 but as far as I know I'm free to stick any sim card I like in them. I can maybe see a case for locking if you're on a contract but pay as you go the phone is yours to do with as you please.

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    Re: Your phone or theirs?

    While Condition
    Wend

    This conditional loop structure had been around since Fred Flintstone and guess who is still trying to patent it in order to put other software development companies out of business?
    Microsoft, of course.
    And somewhere there's a well paid-off jurist who will allow the case to go to trial.
    You should always have an informed opinion, so after I inform you, please feel free to express my opinion...USCitizen

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    Re: Your phone or theirs?

    Quote Originally Posted by erikvv View Post
    I never liked the vendor lock of hardware.

    I bought my current phone (Samsung Galaxy Note 2) at an electronics shop with no contract. Even then you get some crap from Samsung on it, but at least Samsung allows root acces so I control the device and I can put whatever software/OS I want on it.

    I will never buy any vendor-locked device like a Windows RT machine or anything made by Apple or Sony.



    I don't understand why we let companies get away with it. And sure as hell don't understand why our governements should be supporting this.



    Also see this previous posts by me on this topic Sony removes "OtherOS" feature from PS3
    The vast majority of consumers, by far, will never make use of the 'root' or 'other OS' features or other advanced features, much less the vast multitude of the other unlocked features the device offers. Some techies with the background or inclination will, so in reality this is a limitation that only applies to those few.

    I can see where an unpopular carrier tries to grow their market share with special phones and pricing, only to have the techie around the corner crack the phone open for a nominal fee and have the carriers new subscriber flee to their competitor and lose their discounting expense without a mean for making that money back.

    That being said, and being a bit of a techie myself, I find it objectionable that the device that I purchased, whether on on contract or outright doesn't matter, isn't 100% in my control, should I chose to exercise that control. I paid for the hardware, it's mine to do with as I see fit. I may not get support on the changes that I made, but I take on that responsibility when I make the changes.

    The exception would be that a cell phone is on lease (or any other device for that matter), in which case, I really don't own the phone, but I am leasing it from the carrier, and therefore have limited control over the hardware, which isn't paid for and mine.
    If a man were behind four months on his mortgage and was talking to you about his plans to build an addition on his home you would think him daft and delusional. But in Washington, ignoring a current crisis to discuss grand dreams is called “boldness” and “vision.”

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    Re: Your phone or theirs?

    Quote Originally Posted by USCitizen View Post
    While Condition
    Wend

    This conditional loop structure had been around since Fred Flintstone and guess who is still trying to patent it in order to put other software development companies out of business?
    Microsoft, of course.
    And somewhere there's a well paid-off jurist who will allow the case to go to trial.
    Source?

    Ofcourse you can write a while loop easily using GOTO. Or is that patented also?

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    Re: Your phone or theirs?

    Hey now...if you throw Iphone into the mix then you doubly don't own your phone.
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    "The long run is a misleading guide to current affairs. In the long run we are all dead." - John Maynard Keynes (admits his philosophy is not viable)

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    Re: Your phone or theirs?

    I must be contrarian on this issue.

    With the heavy subsidies the operating companies provide on these, the most expensive smart phones, you are, of all intents and purposes buying the phone on time... taking out a loan as it were.

    And like many many things bought with a loan the borrower sets requirements as to what you can and cannot do with this property.

    Car loans require that you do not modify car beyond 'manufacturers standards' Home loans have very similar requirements.

    So... who owns your car?

    Now go to the Apple Store, buy an iPhone outright, and yes, you should be able to do with it as you wish. And you can... because you didn't sign a contract otherwise. And spent 650.00 for it. Not 199.00 down and 24 months to pay it off.
    eohrnberger and Chloe like this.

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    Re: Your phone or theirs?

    Quote Originally Posted by USCitizen View Post
    While Condition
    Wend

    This conditional loop structure had been around since Fred Flintstone and guess who is still trying to patent it in order to put other software development companies out of business?
    Microsoft, of course.
    And somewhere there's a well paid-off jurist who will allow the case to go to trial.
    I wonder how long is the longest you have ever gone without mentioning Microsoft.
    Last edited by Whipple; 01-27-2013 at 09:37 AM.

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    Re: Your phone or theirs?

    Quote Originally Posted by tsquare View Post
    I must be contrarian on this issue.

    With the heavy subsidies the operating companies provide on these, the most expensive smart phones, you are, of all intents and purposes buying the phone on time... taking out a loan as it were.

    And like many many things bought with a loan the borrower sets requirements as to what you can and cannot do with this property.

    Car loans require that you do not modify car beyond 'manufacturers standards' Home loans have very similar requirements.

    So... who owns your car?

    Now go to the Apple Store, buy an iPhone outright, and yes, you should be able to do with it as you wish. And you can... because you didn't sign a contract otherwise. And spent 650.00 for it. Not 199.00 down and 24 months to pay it off.
    I don't disagree with you in principle but in practice cell phone carriers already cover this in their contracts.

    I just don't see any real reason why the government has to add penalties on top of the contract's own; particularly when they're so punitive. $500,000 and jail time is absurd!
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    Re: Your phone or theirs?

    Quote Originally Posted by tsquare View Post
    I must be contrarian on this issue.

    With the heavy subsidies the operating companies provide on these, the most expensive smart phones, you are, of all intents and purposes buying the phone on time... taking out a loan as it were.

    And like many many things bought with a loan the borrower sets requirements as to what you can and cannot do with this property.

    Car loans require that you do not modify car beyond 'manufacturers standards' Home loans have very similar requirements.

    So... who owns your car?

    Now go to the Apple Store, buy an iPhone outright, and yes, you should be able to do with it as you wish. And you can... because you didn't sign a contract otherwise. And spent 650.00 for it. Not 199.00 down and 24 months to pay it off.
    No, you don't own your Iphone, even if you buy it outright. Apple lets you use their product.
    "The long run is a misleading guide to current affairs. In the long run we are all dead." - John Maynard Keynes (admits his philosophy is not viable)

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    Re: Your phone or theirs?

    Quote Originally Posted by Whipple View Post
    I wonder how long is the longest you have ever gone without mentioning Microsoft.
    Pretty long time, actually, as it is no longer relevant other than the nonsense it brought to bear in the world of modern litigation.
    You should always have an informed opinion, so after I inform you, please feel free to express my opinion...USCitizen

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