Misha, This is not true. Unlocking one's cell phone in the US has been legal since 2006.
http://arstechnica.com/gadgets/news/2006/11/8280.ars This is because the restrictions were abased on a business model - they had nothing to do with copyrights or other protections. In Russia it is my understanding that no laws were ever passed ot prohibit unlocking phones, in part because industry-wide locking them seems to be mostly US phenomenon (although my prepaid phone is Austria ia also locked). There is a moral question related to the price being discounted in order to make money off of the contract, but that applies more to promotions such as "free phone with service contract." The iPhone sells for 300 USD. The ipod touch, essentially an iphone without calling capabilities or claling plan, sells for 229, and I'm pretty sure that the iPod touch is working a helathy profit into that 229 price. The original iPhone was 399, and I doubt the phone part really cost the 170 USD more that Apple charged for the added access to cell phone service. The new 3G now costs 199, which is 30 USD less than the iPod touch's full profit-included selling price, but in return, you are required to join a calling plan that wil cost you 2K total. All of this is a good business model, and I'd do it too if I were Apple, but going your own way to make a phone that you already own work in your new country is hardly immoral, and certainly not illegal. This is meant to be a helpful message board for expats to navigate life in Moscow, not a sniping contest over perceived moral failings. It isnt illegal to unlock your phone, where it was made or here, and it isn't immoral. Apple sold it the phone, and it is now the owner's, not Apple's. The owner is now not using Apple's preferred service because Apple isn't making it available here, and fixing it so that one can use it in one's new home is not illegal, or immoral. Even if it were, this isn't a legal board. Its a mailing list for civil, helpful adults. Can we all move on now? 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/
