User Tag List

  1. bruinmd2be12's Avatar
    I'm an ATT customer, with an iphone 3GS 4.0, and was wondering, with the recent ruling today by the Library of Congress regarding the legality of "jailbreaking" and unlocking the iphone, does this mean that ATT cannot deny my request for an unlock code?
    I remember a few years ago I had gotten my palm treo and razor unlocked by requesting an unlock code for ATT. It was given without any hassle, and I was able to use prepaid SIM cards on international travels. When I purchased the iphone 3gs and requested for an unlock code, they refused. But now, they cannot legally refuse my request, right? I mean, they have to legally "allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers", which means providing users with an unlock code.
    Any thoughts? Would I still I still have to wait for the new release of the "illegal" jailbreaking method, even with the ruling today?
    Thanks for the input!
    2010-07-27 08:31 AM
  2. Chityuulay's Avatar
    how is jailbreaking is illegal anymore?
    2010-07-27 09:11 AM
  3. eyeRobot's Avatar
    Might take a while to become enforced, but it's not beyond the realms of possibility that AT&T will have to do this at some point down the line.

    Give them a call and quote the ruling, but I think you'll have no joy at present.
    2010-07-27 09:16 AM
  4. bruinmd2be12's Avatar
    Jailbreaking is no longer of yesterday..I just couldn't come up with the term to describe the old method of jailbreak.
    You're probably right about the time for enforcement...but I think I'll go to a ATT store location tomorrow and I"ll post my experience. I'm considering a stop at the Apple store as well.
    2010-07-27 09:24 AM
  5. eyeRobot's Avatar
    BTW, I don't think JB was ever illegal. Only Apple thought it was.
    2010-07-27 12:10 PM
  6. Cer0's Avatar
    The passing yesterday still says that exclusive contracts are valid. In another terms they will not unlock it for you because they have an exclusive contract that is still valid. Or better terms I guess would be that if you still have a contract with the phone or had one then you can't unlock till contract is up.

    It stated that it only supports the opportunity for consumers to switch networks once contractual obligations are met with current wireless carriers or where the consumer has purchased the phone outright.536 NTIA concluded by stating that to “the extent service providers resist unlocking phones for these consumers, the continuation of this exemption is encouraged.”

    Based on the record evidence, the Register finds that bulk reselling of new mobile phones by commercial ventures is a serious matter. There is no justification for the result of this rulemaking proceeding to condone, either expressly or implicitly, the illegal trafficking of mobile phones. Such illicit practices raise the cost of doing business, which in turn affects the marketplace for mobile phones and the prices consumers pay for such devices. The Register finds that the exemption should be limited to include only “used” mobile phones. The term “used,” as applied in this context, refers to a mobile phone that has been activated with the carrier or provider that sold the phone at a subsidized price and that the person activating the phone must actually have used on that carrier’s network. This additional language would likely promote continued usage of the phone on that network because a consumer would be unlikely to switch wireless networks immediately after activating the phone.554 This new language would also prevent bulk resellers from taking advantage of the exemption after purchasing new mobile devices en masse at retail establishments and immediately unlocking them to be sold outside the United States.

    f. Limitations on the new class of works

    It must be pointed out that the new exemption is limited by existing law in two important respects. First, the exemption is cabined by Section 1201(a)(2) which strictly prohibits an entity from offering a circumvention service. Second, a wireless carrier’s “Terms of Purchase” and “Terms of Service”, which are binding contracts, still impose use restrictions on consumers even with an exemption in place. These legal constructs are explained in more detail below.

    Last edited by Cer0; 2010-07-27 at 12:29 PM. Reason: Automerged Doublepost
    2010-07-27 12:24 PM
  7. i.Annie's Avatar
    :/ AT&T cant deny you of an unlock code I suppose but its not up to AT&T. Apple locks the phones up. Theyd have to request Apple for the unlock and I really dont think Apple will do that.
    2010-07-27 10:56 PM
  8. iPhoenix3g's Avatar
    They unlock phones in the uk just fine i got my 3gs unlocked, and my iphone 4 came unlocked!
    2010-07-29 09:45 AM
  9. CaptainChaos's Avatar
    Yes, but there aren't any exclusive contracts there? AT&T has the iPhone locked down.
    2010-07-29 10:07 AM