Not to feed the latest expat list troll du jour, but, frankly, this is getting a little ridiculous.
Misha, in the United States, it is not illegal to modify a phone's software or firmware in order to unlock it. This was added as an exemption to the DMCA in 2006, suspending intellectual property restrictions on: "Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network." http://www.copyright.gov/fedreg/2006/71fr68472.pdf (or see sources cited in http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act) This means that if a person modifies his phone in order to lawfully use another network, he is free to do this. Furthermore, he does not require permission from the OEM or the original wireless network to make this action legal. DMCA restrictions do apply for people who would unlock phones for other people -- so to comply with the law, you need to do the unlocking yourself. But that's the US. Given that the original question was about unlocking an iPhone *in Moscow*, perhaps it would be better to discuss the legality of unlocking phones in Russia. I frankly don't know if there's a restriction on that in the Russian code, but I highly doubt it. I know they started cracking down on international intellectual property infringement when they were thinking about joining the WTO (remember allofmp3.com?) -- but now that that's out of the question, I dunno. Still, given the rarity of locked telephones here in Russia, I doubt there's an applicable law. Maybe someone can enlighten us? Oh, and re: the argument that unlocking a telephone deprives the carrier of their rightful revenue: If you signed a service contract when you purchased your locked phone (now a requirement to get the subsidized price on the iPhone), you can't just get out of the contract that easily. You're still obligated to pay the monthly service fee until the expiration of the contract or pay an early termination fee to annul the contract. Thus, the carrier will always get their money in the end. And Apple gets their money. And everyone is happy. I do agree that the Apple - AT&T axis -- with the bricking of iPhones and whatnot -- is starting to look pretty evil. Almost starting to resemble a certain sinister Redmond-based company. At least Apple software isn't *that* buggy yet, though. However, I find it ironic but typical that a Microsoft employee would rather spend time lecturing others on legalities, rather than develop useful, well-written software that actually works. ~ Mef 2009/2/19 Misha (Hotmail) <[email protected]>: > 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 > > > From: Charles Borden > Sent: Tuesday, February 17, 2009 1:33 PM > To: The Moscow Expat List > 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 "illegal" - 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/ > _______________________________________________ Expat mailing list [email protected] http://www.lists.ru/mailman/listinfo/expat http://www.expat.ru/forum/
