Misha: A criminal act and a breach of contract are very different things. One can be sued for breach of a contract, but this is a civil matter and not criminal (i.e. illegal).
Software piracy (which means making and selling pirated software and dvds for instance) is criminal in many countries. Selling counterfeit wine, vodka, clothing or watches is also criminal in many countries. Modification of legally purchased software (or hardware) is done all the time for instance when I add a plug-in for Firefox and I don¹t believe this is even a breach of contract, never mind illegal (i.e. criminal). With respect to the iPhone, if a site such as the popular www.ziphone.org was engaging in criminal acts or if Apple thought that they could be successful in a civil court, the site could have had the site shut down. Ziphone as well as other such companies are still operating. There is nothing counterfeit or pirated in their software. The pre-G3 iPhones were sold without a phone contract in the US. Misha, if you were driving in Moscow on a two lane road, with your lane divided from the oncoming lane by two white lines. A truck is stalled in the lane in front of you and it looks like you will sit for hours waiting for it to clear. There is no oncoming traffic. Do you cross the two white lines to go around the truck? In Russia this is an ³administrative offense² (though apparently not a criminal matter), however you could lose your drivers license for 6 months for crossing the lines. I guess you would not only wait behind the truck, but also get out of your car and lecture other drivers who try to go around the truck about the law. The unblocking of an iPhone is almost certainly not criminal, probably not even a civil matter and certainly doesn¹t elevate the person doing so for his or her personal use to a mass murderer. CB On 2/19/09 11:43 AM, "Misha (Hotmail)" <[email protected]> wrote: > Charles, > Indeed making changes to the phone software is a criminal act. This probably > does not apply to Russia, but in the usa one can easily be sued for damages > (lost revenue, intellectual property, etc.). iphone software is no different > from windows or the office; therefore the same rules apply. asking someone for > a product key for an unlicensed copy of software is illegal. indeed, its > unethical. > > If I am not mistaken, you have passion for wines? So if I ask you to get me a > dozen of cases of crapy russian wine, 144 rare french wine labels and a > contact who can peel of the original and glue on the "fake" label would you > help me? How would that make you feel? > And what if I ask you... Charles, can you help me sell the "fake" wine? What > would you do? > > Respectfully, > > Misha > > [email protected] > www.fandorin.com <http://www.fandorin.com> > > > > From: Charles Borden <mailto:[email protected]> > Sent: Tuesday, February 17, 2009 1:33 PM > To: The Moscow Expat List <mailto:[email protected]> > Subject: Expat List Re: iPhone > > Misha: > I do take offense at your generalizations about expats in your return message > to me and its implications. My simple response to your initial message about > iPhones was to correct your erroneous message to the expat list and the > implication it contained. > > You used the word ³illegal² - this implies a criminal act and hacking the > iphone is not a criminal act. It may, in some cases (and only if some cases) > breach a contract with the seller of the iphone in another country. > > With respect to the pre-G3 iPhones that were brought to Russia, these iPhones > were sold without a phone contract in the US and it was not until the G3 phone > was released that a phone service contract became necessary. Any person could > buy a pre-G3 phone at a US iPhone store. If they needed phone service they > then signed up online with AT&T though there was no requirement that they do > so. In this way Apple sold millions of phones to Russia and China, essentially > with the help of hackers. > > With respect to G3 phones, they were sold with a contract in the US, but it is > cheaper to buy a new phone in Russia (22,000 rubles) than a locked phone with > a contract in the US (about $2,000) and the only people who have the phones > converted usually are already paying a contract in another country. They > simply also wish to use the phone with a Russian service on their iPhone as > well while they are here. Since they are paying the US contract anyway they > are not breaching any contracts and certainly are not performing criminal > acts. > > For someone who wants to use a G3 iPhone in the US with any GSM provider it is > now better to buy an unlocked phone in Russia at 22000 rubles (about $650) > that can be freely used in the US without a long term contract. > > I cannot speak for phones from other countries such as Germany or UK but > assume similar economics. Some countries in fact have required that Apple sell > unlocked phones charging that Apple is unfairly restricting competition. > > Charles > > > > On 2/17/09 6:34 PM, "Misha (Live)" <[email protected]> wrote: > >> Hi Charles, >> >> I do not want to spark another heated discussion so I reply to directly to >> you. >> I apologize in advance if you find this email offensive. >> I have a feeling you know why the iphone come locked so there is no reason >> to beat on the dead horse. if someone to wants to unlock the phone they can >> do 1 of 2 things: >> - jail break the phone >> - pay the full retail price of the phone >> >> there is no other option. period. >> the name of the first option suggest that the action deals with something >> illegal. and why would someone ever promote and suggest something illegal? >> is it because we live in russia and its quiet normal for people to engage in >> activity that leads to that? frankly everyone who openly suggested on ways >> to unlock the phone suck. it all starts small, somewhat innocent, but what >> will be next? Hopefully not along these lines: I raped a teenage girl and >> need advice on how to escape punishment? >> I am sick of expats coming to Russia and not promoting truth and honesty. I >> am sick of loser expats, who can't achieve anything at home, come to Russia >> and be proud for bribing police and government officials. There is a role >> that all of us should play to make Russia a better place. You need to play >> your role too. So if you say nothing you will will at least look smarter. >> >> Cheers, >> >> Misha >> > > > > _______________________________________________ > Expat mailing list > [email protected] > http://www.lists.ru/mailman/listinfo/expat > http://www.expat.ru/forum/ > > _______________________________________________ > Expat mailing list > [email protected] > http://www.lists.ru/mailman/listinfo/expat > http://www.expat.ru/forum/
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