Quote :

"The U.S. Supreme Court on Tuesday dashed a bid by T-Mobile and AT&T to stave off a class-action lawsuit challenging the carriers' policies against unlocking mobile phones. The justices declined to review an October decision by the California Supreme Court that cleared the way for a lawsuit that attorneys claimed could represent "millions" of California customers. In response to similar lawsuits, Verizon and Sprint, both CDMA carriers, have agreed to provide the software code to unlock cellphones after customers nationwide have completed their original contract, attorneys said. "That was the compromise we ended up with to get the cases settled," said California attorney Robert Bramson, one of the lawyers suing carriers T-Mobile and AT&T. T-Mobile and AT&T fought the lawsuit all the way to the nation's high court. The two carriers, on the GSM network, are accused of unfair business practices by locking down their phones to their service plans. Last year, Librarian of Congress James H. Billington listed cell phone unlocking as one of six new exemptions to the Digital Millennium Copyright Act, or DMCA. That change, however, left unclear whether carriers were responsible for unlocking the handsets. The high court's decision sets aside language in the terms-of-service agreement requiring aggrieved AT&T and T-Mobile customers to submit to binding arbitration instead of going to court. The phone carriers urged the justices to require that their customers honor the contracts they had signed. The lower courts had declared those contracts "unconscionable." The case the U.S. Supreme Court rejected on Tuesday, if successful, could force AT&T to unlock the coveted iPhone.AT&T is Apple's exclusive phone provider. "They may be more unwilling than otherwise because the iPhone is such a big seller," Bramson said. The suits also prompted all four of the phone providers to reduce the fees charged to costumers who terminate a mobile phone contract before it expires. Still, all four carriers face litigation to reduce those new, pro-rated fees even further. AT&T's plan, implemented Monday, is similar to the other carriers' opt-out schedule. Each month, an account holder's normal $175 charge to back out of the two-year contract is reduced by $5. "Pro-rated is a step in the right direction," said California attorney David Franklin, one of the lawyers suing the carriers. Passed in 1998 as an anti-piracy measure, the DMCA makes it illegal to "circumvent a technological measure that effectively controls access" to copyrighted material – in this case the firmware that locks a phone to a provider's network. The law tasks the U.S. Register of Copyrights and the Librarian of Congress with investigating how the anti-circumvention provision could hurt legitimate users, and then carving out appropriate exemptions every three years. The cell phone unlocking exemption covers cases where cell phone software locks are circumvented "for the sole purpose of lawfully connecting to a wireless telephone communication network.""

http://blog.wired.com/27bstroke6/2008/05/supreme-court-o.html

5/28/2008 9:43:39 AM

wooooah

5/28/2008 11:36:34 AM

i don't mind that a cellphone is provider locked during the contract phase, it's only fair. afterwards, it should be unlocked.

5/28/2008 12:02:31 PM

you can already get the unlock codes after like a month of service.. not sure what all the hype is about

[Edited on May 28, 2008 at 8:58 PM. Reason : well maybenot on the iphone(lol, like that shit is hard to unlock anyways)]

5/28/2008 8:58:24 PM

this is almost a situation where they shouldnt have bothered

either way people are going to be able to unlock their phones

5/28/2008 11:27:29 PM

yeah its like abortion imo...people are gonna do it anyways

5/28/2008 11:33:40 PM

Can't you already buy an unlocked cell-phone if you don't sign a 2-year contract?

5/30/2008 2:55:45 AM

if you have AT&T, just call 611 and tell them you're going overseas and you want to be able to use your phone on different networks. they will send you an unlock code within a week.

5/30/2008 5:29:43 AM

^ will they do that with the iphone.

6/4/2008 4:06:34 PM

how well do the iphone's data services run on networks other than edge? do they run at all?

6/4/2008 4:10:37 PM