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Free the Cell Phone! (Wired)

Wired reports on the latest example of DMCA abuse: preventing the unlocking of cellular phones. "But CellPhoneCo isn't asserting that Unlocko's program copies any copyright-protected software or content. Its claim is more subtle. Unlocko's software reprograms your mobile phone so it bypasses the 'secret handshake' CellPhoneCo's locking software requires before the phone will operate. After 'circumventing' the handshake requirement, the phone -- like virtually any modern piece of electronics -- runs software installed on its internal chip. Therefore, CellPhoneCo claims, Unlocko's program unlawfully circumvents a technological measure controlling access to the phone's copyright-protected software." Incidentally, your editor was discouraged to see an increasing number of locked phones for sale in Italy this summer; this is no longer just a U.S. issue.
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Free the Cell Phone! (Wired)

Posted Sep 28, 2005 16:16 UTC (Wed) by man_ls (subscriber, #15091) [Link]

In Spain there are several mobile operators. When you buy a set it is usually locked to an operator; in fact, you buy both the handset together with a contract with them (or alternatively a prepaid card). But you can then liberate the terminal so that you can use it with any operator; it is costly but completely legal. In fact it is mandatory for terminals to work with any operator, even keeping your present phone number.

Don't know about Italy, but it is probably similar. If so, then it is nothing like the issue discussed in Wired; in fact the situation is diametrally opposite. Instead of changing operators being illegal, it is a legal requirement.

Locking is common

Posted Sep 28, 2005 17:44 UTC (Wed) by eru (subscriber, #2753) [Link]

As far as I know, locked phones are the norm in most
European countries. Finland is a bit unusual as here locking
phone to a contact is in fact illegal. It is probably not a coincidence
that Finland also has the cheapest average rates for GSM usage
in Europe...

Locking is common

Posted Sep 28, 2005 18:38 UTC (Wed) by rdowner (guest, #3960) [Link]

It's certainly the case in the UK and has been for some time - I have a handset that is about 5 years old and it is locked to a specific operator. Under UK regulations the operator has to unlock the phone (subject to certain conditions - I think they can refuse to do this if the phone is tied to a 12-month contract) but can charge the customer to do so.

I think something similar happens in Ireland too - a friend visiting me from Ireland was unable to put a UK SIM into her Irish Vodafone handset.

--
Richard Downer

Locking is NOT so common

Posted Sep 28, 2005 23:37 UTC (Wed) by gallir (guest, #5735) [Link]

No, it isn't. Last 5 phones I bought here in Spain were unlocked. If you
already have, or you sign a contract, you can always buy an unlocked
phone. As the parent explained, it's a legal requirement. Even if you buy
a locked telephone --due to special discounts or pre-paid cards--, you
can ask to unlock it --for free-- after six months has passed since the
purchase date.

I _think_ this is a european regulation ("directive"), if so, the
situation should be quite similar in all european countries.

Unlocked telephone are not expensive neither, last phone I bought is a
triband Siemens A62 (after my last travel to USA where my old dual band
Siemens didn't work) and I payed for it 50 euro (in a well known
supermarket).


Free the Cell Phone! (Wired)

Posted Sep 28, 2005 23:28 UTC (Wed) by emak (guest, #488) [Link]

In France, phones are unlocked for free after 1 year.
In a way, I can understand that. I've paid 1€ for a piece of electronics that may cost 150x more.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 6:49 UTC (Thu) by fabiop (guest, #24661) [Link]

In Italy the UMTS phone from '3' ( http://www.tre.it ) are locked and is ILLEGAL to unlock. The telephone are sold from 49€.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 16:42 UTC (Wed) by kirkengaard (subscriber, #15022) [Link]

Maybe this is more of a Groklaw comment, but if Lexmark lost, and Chaimberlain lost, and if "CellPhoneCo" loses, does this make precedent for positive breaking of DRM as an access and fair-use exercise, where no illegal copying takes place? Was DVD Jon too early? Can we truly own what we buy?

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 20:03 UTC (Wed) by bfields (subscriber, #19510) [Link]

does this make precedent for positive breaking of DRM as an access and fair-use exercise, where no illegal copying takes place?

Someone can correct me if I'm wrong, but I believe the argument is that illegal copying *did* take place. The copying in this case is the "copying" that goes on inside the phone in order to execute code on boot. Since you need permission to make that copy, you need permission to turn your phone on. Since your phone company doesn't give you permission to turn on your phone for the purpose of unlocking it, you're making a copy without their permission--that is, an illegal copy.

This is obviously ludicrous. Any reasonable person would say that the ephemeral "copies" that computer makes automatically when running software (from disk to memory, from memory to process, etc.) should be considered mere "use", akin to the use you make of a book when you read it, rather than a "copy" regulated by the copyright law. But my understanding is that this sort of argument has actually held up in court before.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 22:48 UTC (Wed) by zotz (guest, #26117) [Link]

"Since your phone company doesn't give you permission to turn on your phone for the purpose of unlocking it, you're making a copy without their permission--that is, an illegal copy."

And if this is indeed so, your car company can slap a eula on your car and prevent you from selling it to someone else. Right? (Or at least make it illegal for the buyer to use the car.)

all the best,

drew
--
http://www.ourmedia.org/node/57503
Paper Plane Design 001 - HOWTO Video

Doctrine of First Sale

Posted Sep 29, 2005 2:47 UTC (Thu) by ncm (subscriber, #165) [Link]

Right, the Uniform Commercial Code and the Doctrine of First Sale override any license restrictions that you didn't specifically agree to before you forked over the cash. Even if you did sign something (as may be common for cell phones) the UCC nulls any provisions that are not reasonable and expected for such transactions. When you pay for a phone, you own it and have a fundamental right (and license) to use it. No piece of paper in the box can take that away. Nothing you do to the phone to make it useful to you as a phone can violate any copyright or patent license: you paid, you're authorized, period.

(The decision that copying data from ROM to RAM is covered by copyright holds in only one circuit (of nine) and hasn't been affirmed elsewhere, so it's on shaky ground. Likewise for the one that says shrink-wrap licenses, and the "no refunds" insult on your movie ticket, hold.)

IANAL, this is not legal advise.

Doctrine of First Sale

Posted Sep 29, 2005 16:41 UTC (Thu) by Ross (subscriber, #4065) [Link]

Right, except, as I found, in the eigth circuit where EULAs can contain pretty much any conditions. IANAL either.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 7:06 UTC (Thu) by Wol (guest, #4433) [Link]

As I understand it, "copying in order to use", or your ephemeral copy, is explicitly recognized in US law and is declared NOT to be copying for the purposes of the Copyright Act.

So, in the US at least, this "illegal copying" argument won't fly because the Act specifically addresses this situation and says, "yes, this is legal".

Unfortunately, in the UK certainly, and probably most of Europe, this is not so.

Cheers,
Wol

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 12:49 UTC (Thu) by bfields (subscriber, #19510) [Link]

As I understand it, "copying in order to use", or your ephemeral copy, is explicitly recognized in US law and is declared NOT to be copying for the purposes of the Copyright Act.

That would make sense, wouldn't it? Alas, here's the precedent I was looking for. Read it and weep. Congress's response to this case (where a 3rd party computer repair company was sued for violating copyright just by turning a computer on) was to make an exception for the specific case of computer repair. Talk about missing the point....

Congress didn't miss the point

Posted Sep 30, 2005 20:45 UTC (Fri) by Baylink (subscriber, #755) [Link]

They did exactly what their owners wanted them to do.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 17:02 UTC (Wed) by dark (subscriber, #8483) [Link]

Hmm when I first saw this title, I thought it would be a call for a phone that runs free software :)

I sorely feel the lack.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 21:01 UTC (Wed) by pj (subscriber, #4506) [Link]

Motorola A780 & E680 are arm-based smartphones that run linux. Not officially supported, but http://www.rcsc.sisrs.com/mfc/index.php has the details on how to get shell access, telnet access, and install apps. So... almost there.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 18:33 UTC (Wed) by jonth (subscriber, #4008) [Link]

There are lots of types of locking: Phones can be SIM-locked (so they can only run with one operator). SIMs can also be phone-locked (particularly used for pay-as-you-go phones, where the billing mechanism is split between the SIM and the phone). Finally, phones can be software locked, so that they will only run manufacturer/operator signed software.

Despite the article and comments above this is more often used as a defensive measure by the networks to stop untested software being run on their networks. One duff phone can significantly degrade the performance of a cell (and its neighbours). In extreme cases, a bad phone can crash the entire network (don't scoff: it's happened). Operators don't like this: it tends to go against customer satisfaction.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 19:42 UTC (Wed) by Ross (subscriber, #4065) [Link]

"a bad phone can crash the entire network"

That would seem to be an extremely severe bug or design flaw which should be corrected directly rather than by trying to prevent through control everything which contacts the network.

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 19:58 UTC (Wed) by Los__D (guest, #15263) [Link]

What would you do about a flawed phone sending noise all over the band, essenitally blocking out other phones?

Free the Cell Phone! (Wired)

Posted Sep 28, 2005 21:11 UTC (Wed) by Ross (subscriber, #4065) [Link]

I didn't say the DoS could be prevented, but the crashing of the network. At least they were listed as two separate things ... if they are one in the same then nevermind. I assumed the crashing was due to something like poor handling of malformed packets or nonstandard extensions. As for noise, realize that it can be generated by any phone, not just those held by customers. In fact it can be generated from many sources which are not cell phones. In both cases FCC requirements should be plenty to protect the company.

Free the Cell Phone! (Wired)

Posted Oct 5, 2005 22:03 UTC (Wed) by Ross (subscriber, #4065) [Link]

An article on the NY Times linked from Slashdot seems to be on topic here:

http://www.nytimes.com/2005/10/05/technology/05phone.html

"Hackers could take down cellular networks by inundating their popular text-messaging services with the equivalent of spam, computer security researchers said."

"Because text messages are transmitted on the same signal that is used to set up voice calls, just 165 messages a second is enough to disrupt all cellphones in Manhattan."

That's anything but good design. Based on the discussion here I assume the solution is going to be: rate limit the number of messages phones are allowed to send. That's like trying to prevent network attacks by outlawing port scanners.

Free the Cell Phone! (Wired)

Posted Oct 7, 2005 7:08 UTC (Fri) by Cato (subscriber, #7643) [Link]

SMSs are sent using the signalling channel of the mobile network (basically SS7, called MAP in case of GSM I think). SS7 is in fact a packet based network that carries signalling requests and responses (ringing, busy, etc) somewhat like IP. So when someone spams the network with a large number of SMSs, that's like trying to place that number of calls per second. In the old days when phones were entirely driven by human fingers, neither case was possible so the network didn't need to protect against this. Now, the issue is simply rate-limiting the SMS/signalling traffic to something reasonable. This is similar to what IP networks have to do in their control plan (routing/signalling) - ensure that routing updates are kept to a reasonable rate across the boundary to an untrusted network.

The drive to have a 'trusted' phone platform would enable some good things, such as preventing people faking their phone number in SMSs (imagine getting fake text appearing to be from a family member about some emergency - would you stop to think it might be faked if it came from their number?). However, it would also lock people out from installing arbitrary software on their own phones, including open source.

Laws protecting the right to unlock phones and SIMs at reasonable cost, and to limit the use of TPM in phones (ideally to network-affecting infrastructure modules, e.g. only way to send SMS is via an authorised API module), are very important to consumers, hackers and the mobile industry generally. Without the innovation of new software on mobiles, many exciting developments would happen far more slowly - e.g. clever relevance filtering of incoming phone calls (based on your calendar [are you in a meeting], contacts [is it the boss or spouse], time of day [only family calls after midnight], ...), fixed-mobile convergence (roaming to WiFi at home), etc.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 3:17 UTC (Thu) by zblaxell (subscriber, #26385) [Link]

...Firmly planting my Devil's Advocate on my head, and my asbestos undies on my...

Fixing all the bugs in the wireless network would appear to be Enumerating Badness and Penetrate and Patch, and allowing anyone to connect any damn phone they like would be Default Permit. These are half of The Six Dumbest Ideas in Computer Security (http://www.ranum.com/security/computer_security/editorial...).

It's much cheaper to have all the software in the field pre-approved in advance, and deny anything and everything else. That way you only have to worry about the bugs in the software that you let out onto the network in the first place, and you have a decent chance of understanding and fixing those without too much pain and cost (well, you'd still have to deal with natural radio interference, criminal activity, etc. that you can't do anything about anyway).

If anyone manages to get modified software installed on their phone, arrest them. Use their phone's network communications to physically locate them, and make sure you have legislation in place that allows you to unconditionally seize the offending device on the spot.

;-)

Personally, I think cell phones should come in two pieces: a regulated piece, which does the RF signalling and data transport layer, and an unregulated piece, which does the UI, calendar, clock, productivity apps, camera, bluetooth, WiFi, vocoder, karaoke, and whatever other weird and bizarre higher level functions the phone has. The latter piece can be unquestionably free; the former is not something you want people to be too casually messing with, since one possible reprogramming of that RF device turns it into a short-range cellular jammer (something that some people want to be illegal because it can disrupt emergency communications), and another could defeat the billing system or make it too easy to casually clone other subscribers' identities. Frankly, I've been satisfied with the level of connectivity present in cell phones for voice communication for years, but I've yet to see one that has a user interface without "features" that drive me up the well.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 7:09 UTC (Thu) by jonth (subscriber, #4008) [Link]

I'm not familiar with the Motorola-Linux phone architectures, but I'd be prepared to bet that they fit into the two-piece architecture described above.

Smartphones generally have an apps processor and a signalling processor. The signalling processor is often some strange beast with lots of bespoke DSP accelerators for Viterbi/Turbo decoding etc. These run a closed source, heavily controlled embedded signalling stack quite often with an AT interface on top. All the authentication and billing lives here and/or in the SIM. The OS on this processor is usually an RTOS of some sort, like Nucleus.

The applications processor is usually an ARM, running something like Symbian or Linux (or, perish the thought, Pocket PC). This bit runs apps that are much more suitable for open-source development, and it's not too difficult to allow these to be open source/unregulated.

J

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 9:06 UTC (Thu) by nedrichards (guest, #23295) [Link]

Except for the fact that with Symbian OS 9 they're trying to go to a one processor solution to lower the cost of the phone that's entirely right.

Dumb ideas

Posted Sep 29, 2005 16:35 UTC (Thu) by Ross (subscriber, #4065) [Link]

Yes, I've read that article and wasn't too impressed. Oh, there's a lot of good points in there but it's a little angry and doesn't always make very much sense. Let's look at a few items:

1) "Default Permit"

I won't defend this one, because it is something I'm always telling people not to do it. But here's a bit of what mjr says:

'A lot of organizations adopted "Default Permit" in the early 1990's and
convinced themselves it was OK because "hackers will never bother to come
after us." The 1990's, with the advent of worms, should have killed off
"Default Permit" forever but it didn't.'

The reason only a few ports were blocked in the early days of firewalls was not due to the lack of worms. In fact, a worm is one of the first incidents which got people looking into firewalls. People only blocked a limited number of ports because they perceived the risk to only be with those ports. This minimized the work in implementation. A good idea? No, but it happened for entirely different reasons than stated. Why did it change? Not because of worms. But because of the realization that just about any service is likely to have vulnerabilities. The discovery of the frequency that buffer overflows and other exploitable bugs occur was the trigger. Also, the realization that pushing security to each and every client and server on the network, involving individual departments, system owners, etc. was just not likely to work well in the long run.

I see the cell phone problem as a similar situation. You don't protect your network by trying to lock down every system (though that is a good idea anyway), not because it isn't good to secure systems but because there are so many of them. You keep your network infrastructure including core routers and firewalls well-maintained.

2) "Enumerating Badness"

Well, I would agree with this one, except he reaches some really silly conclusions. Here's the description:

'Back in the early days of computer security, there were only a relatively
small number of well-known security holes. That had a lot to do with the
widespread adoption of "Default Permit" because, when there were only 15
well-known ways to hack into a network, it was possible to individually
examine and think about those 15 attack vectors and block them.'

(First off, we see a second option for the reason "Default Permit" was popular. This one is closer to the truth than the reason given in the "Default Permit" section.)

The history is pretty good, but the implication is that today it is silly to do the same thing. That's like saying names are a good idea with a few people, but a bad idea when there are millions. In fact, giving unique identifiers to vulnerabilities and patches is one of the most important things which security organizations are doing today. The idea that you can just slap "all" patches onto a system and sit back in your chair without worry is just wrong. We all know that some vulnerabilities are not closed in a timely manner, that some patches which are thought to fix them do not in fact do so, and that when testing a patches system, when a vulnerability is found, it is nice to be able to give a link to an official explanation, with a publishing date.

But he seems to be talking more about viruses than vulnerabilities (despite the introduction):

'It's a dumb idea because sometime around 1992 the amount of Badness in
the Internet began to vastly outweigh the amount of Goodness. For every
harmless, legitimate, application, there are dozens or hundreds of pieces
of malware, worm tests, exploits, or viral code.'

I seriously doubt the accuracy of those statements. In terms of traffic flow (number of bytes) it is probably not the case, unless you count spam, and even then probably not. In terms of existing software, I have never even seen an attempt to enumerate it. Even lists of Free Software are enormous. The problem isn't the ration of valid/malicious but the sheer volume of both. But again, we like to "enumerate" things by giving them names. What's so bad about that? Does it interfere with security? Are virus definitions being held up while people debate the name? No. Instead you end up with different names from different vendors. Just realize they are different namespaces and there's no problem.

'Compare that to the legitimate 30 or so apps that I've installed on my
machine, and you can see it's rather dumb to try to track 75,000 pieces
of Badness when even a simpleton could track 30 pieces of Goodness.'

Again, the author seems to have shifted topics (back to the signed application support or whatever he was alluding to in the "Default Permit" section). But I just have to point out that comparing every piece of "Badness" that was ever named to the list of "applications" installed on his computer is comparing apples and oranges. A virus scanner should not be flagging _any_ valid application. If it did it wouldn't be a virus scanner.

Now having said that, I agree that virus scanners are stupid. They are implemented at the wrong level and it is a neverending "arms race" because the number of possible viruses, worms, and other malware are infinite. The problem isn't enumerating badness but trying to detect badness. It just can't be done. Instead you have to look at what the bad software is exploiting and fix that (even if it is the user) :)

3) "Penetrate and Patch"

'Unfortunately, when buggy software is fixed it is almost always fixed
through the addition of new code, rather than the removal of old bits of
sow's ear.'

Again, I doubt this is true. Usually security bugs are fixed by adding input sanity tests (very short code which should have been present to begin with), using safer functions, removing static limitations, or detecting an unhandled corner case. Yes, that often involves adding more code but saying that it is a bad idea is just ignorant. You can't usually fix something by deleting parts of it. At least if you could, it wouldn't likely have the same functionality as before. It is true some software is so crufty that it should be abandoned but calls for rewrites are usually too soon and too frequent. Why? The new "replacement" software is unlikely to be any less buggy, and also not likely to be smaller if it has the same feature set. In fact, old code tends to be significantly smaller than new code. Small is good, but it should not be the only consideration.

'Let me put it to you in different terms: if "Penetrate and Patch" was
effective, we would have run out of security bugs in Internet Explorer by
now. What has it been? 2 or 3 a month for 10 years?'

Oh where to start. The fact that bugs are infinite is one of the fundamentals of computer science. Saying that it can be avoided by doing everything correctly the first time is one of the dumbest ideas in software development. Bugs do exist. It's not satisfying to say it but in any sizeable piece of human-written software there will be many of them. Most bugs in software which handles untrusted input are security bugs. In other words "Penetrate and Patch" will always exist. The best you can do is to use good coding practices to reduce the bug density, pre-release testing to find some of them, compiler and OS technologies to shield the program from some untrusted inputs and to mitigate the consequences in case of an exploit, and finally, to respond quickly when a bug is found so that a working patch can be released. That _is_ as "secure by design" as you can get.

4) "Hacking is Cool"

I think this is more of a social problem than a computer security problem. Even if the media stopped doing this (and using the term "hacking") we'd still be stuck with it. You see what underlies this is a bad premise: if there were no script kiddies there would be no need to fix the bugs. It's true that the number of compromised system would be less, but the risk would still be present, and more importantly the vulnerabilites still would be present.

'If you're a security practitioner, teaching yourself how to hack is also
part of the "Hacking is Cool" dumb idea. Think about it for a couple of
minutes: teaching yourself a bunch of exploits and how to use them means
you're investing your time in learning a bunch of tools and techniques
that are going to go stale as soon as everyone has patched that
particular hole.'

I can't disagree more. Learning how "hacking" (cough) works is important to a security professional or even normal admins. For one thing it makes security more real: the realization that a tiny program is all that keeps someone from a root prompt on your system is likely to make you think about security. Using exploit tools is a great way to test for vulnerabilities and look for systems which need to be fixed. In fact many are useful tools for normal administration. (Microsoft keeps trying to prevent nmap from working on Windows. The problem is that there are more "good" users of nmap than "bad" so they are really doing everyone a disservice.) Learning about "hacking" is also important for the same reason law enforcement learns how criminals work. You can't really understand what the risks are until you understand the tools and people which are out there. Knowing the vulnerability side is one part, but knowing the exploit side is important too.

5) "Educating Users"

I'm not even going to quote portions and address them individually here.
This pretty much summarizes my opinion:

Yes, let's keep users in the dark because we can programmatically handle all situations in software. After all, it has worked so well so far :p

6) "Action is Better Than Inaction"

I mostly agree with this one. But I wonder why it is in a list of bad ideas in computer security? It's a general truism. What would have been better for this list is "Early Adopters are Early Victims". Also, I'd like to address the comment about stupid managers. Yes, there are many, and they are a problem. But they are also quoting "The Art of War" and I'm pretty sick of it. Please don't imitate them :p

(and the minor ones)

7) "We're Not a Target"

True this is a commonly-held belief, and it is wrong. But worms aren't the only things which don't care who you are. People will attack computers just to have systems to use as a jump-point for other attacks. They use long strings of them in an attempt to hide their identity. You don't want to the one in the string before "cia.gov." :) And others like spammers don't care who you are ... they just want to use your bandwidth and have your postmaster take the brunt of the compaints.

8) "Everyone would be secure if they all just ran <security-flavor-of-the-month>"

Very true, though it can be a good idea to switch if you will be able to manage the new system as effectively as the old. I'd like to point out that not only is "system administration is not a solved problem in computing" that it won't ever be. Like it or not bugs will continue to exist unless we find some infinite fast form of computation, or a way to write software without decision points. Not going to happen.

9) "We don't need a firewall, we have good host security"
10) "We don't need host security, we have a good firewall"

Those are good ones. The best approach is security in depth. Yes, have a firewall, and also patch your systems (and segment your network by group and function to the extent it is feasible).

11) "Let's go production with it now and we can secure it later"

Agreed, this is not ever advisable.

12) "We can't stop the occasional problem"

'Would you travel on commercial airliners if you thought that the
aviation industry took this approach with your life? I didn't think so.'

Apples and oranges again. The risk with an airplane is different with the risk of an unsecured system or network. However I agree that the idea that problems can be "cleaned up" after they happen is stupid. For one thing it assumes you would know that there was something to clean up, which is unlikely if you don't have any security.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 6:53 UTC (Thu) by jonth (subscriber, #4008) [Link]

It would indeed be a bad design bug - in the network (it shouldn't crash whatever the provocation!), but the point is that the operators do not want you fixing it (or their network) live. They've got their own test networks for that sort of thing.

J

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 9:12 UTC (Thu) by callegar (guest, #16148) [Link]

For what I know, in Italy the unlocking of cellular phones is now leading to a huge trial between H3G and Vodafone.

See, for instance http://www.cellularitalia.com/ultimissime/reut100305.php (in Italian). Basically, H3G is taking to trial Vodafone claiming that Vodafone is inviting H3G clients who have bought an UMTS phone under-cost to change operator by helping them to unlock their phone so that it can be used with Vodafone SIMs. Conversely, Vodafone is taking to trial H3G for ruining its "image" to customers.

Given the speed of courts in Italy, this case will likely take ages to be ruled, but the ruling is expected to be an important one.

Personally, I think that this doesn't make any sense. The problem is that people likes and buys phones that are network-locked. And when they buy the phones they know well that they are locked. Cinically, I would say that people like network-locked phones precisely because they like the idea of getting a phone for a very low price, with the expectation that first or later the locking will be circumvented. It is this mentality that needs to be changed. In any case, as long as there is a market for it, do not expect companies to stop the commerce of non-interoperable phones. If they cannot rely on electronic protection, they will simply break the standards and make their SIM card round rather than squared.

Free the Cell Phone! (Wired)

Posted Sep 29, 2005 9:47 UTC (Thu) by climent (subscriber, #7232) [Link]

In many countries phones are locked as part of the purchasing contract, so
that the terminal is bought for a price that otherwise would be impossible
to get (read 10/50 EUR for a terminal that otherwise would be 200 EUR).

This is a common practice for operators wanting to temporarely lock
customers in their network, hoping that they will obtain a benefit from
the bills, thus regaining the discount they applied to the terminal.

As being part of the contract (IANAL), breaking the lock would seem to be
a breach of contract, and the operator could request the terminal to be
handed back to them. Of course, the time a phone is locked is (or should
be) limited, and after a certain period the user can (or should be able
to) unlock the phone at no (or little) cost.

However, not being the only alternative, seems to be a legal practice (as
long as the country laws do not state otherwise, as is the case of, at
least, Finland, where a service cannot be linked to a service provider).
One can buy an unlocked phone and make a contract with an operator without
having to purchase a terminal.

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