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Esato Forum Index > General discussions > Other manufacturers > iPhone unlocking will 02. Apple and CPW have to? Bookmark topic

the OpenMoke was released in November last year and thats a Linux based device

AND GUESS WHAT! Its not locked down in any way!



OpenMoko

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Nokia N95 + 2Gb MicroSD + Sony MDR-EX85

[ This Message was edited by: batesie on 2007-09-21 13:36 ]
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Posted: 2007-09-21 14:35:18
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Maybe it's just because it's Marc that has the bee in his bonnet, but I'm kind of seeing o2/Apple's argument in this. Surely, the whole issue of companies being forced to offer an unlock code by law is to prevent them forcing people being locked into furhter contract with the same operator - but at the point of sale of the Iphone, neither company is asking you to sign any contract. And just as you are under no compulsion whatsoever to sign an airtime contract for the product you have just bought, neither are they compelled to issue you with any unlock code - there is no contract between you and o2 or Apple at this point, so no obligation either way. Even if o2 give you a PAYG sim, I'm sure any contract in that case would cover the sim and the service, not the phone - which is entirely separate, and your own property.

Of course once you've chosen to sign up to the contract through Itunes, I'm sure you'd have the same legal rights as any other contract phone owner - but then you'd also be under obligation for the next 18 months.

I'm quite ready to accept the law may not agree entirely with what I'm saying (I've not seen it) but then again the law was never conceived with this particular situation in mind, and if pressed o2 might actually have a case for challenging it.
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Posted: 2007-09-21 14:52:19
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as ive been saying for years, when you buy a car, they cant force you to use a single petrol station for your fuel. imagine if they tried putting special shaped filler caps that only fit the special pumps at certain stations!

would you buy a microwave if you could only cook a certain brand of food in it?

its EU competition laws that are standing up for us, the consumer in this day and age and people should not be brain washed into accepting something they dont feel is fair....
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Posted: 2007-09-21 15:03:45
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Your analogies aren't quite comparable... but car dealers do try to force you only to have repairs done at 'approved' dealers in the terms of the warranties. This is a better analogy to being locked into a particular network for the duration of the contract.

At the end of the day, no-one forces anyone to buy anything. You can always make another choice.

If I want to buy my personal favourite type of bread, I HAVE to get it from Tesco. No other bread maker produces the same bread that I prefer, and so far I've only found it in Tesco. Is that monopolistic?
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Posted: 2007-09-21 15:30:13
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I can't see how they can tie the phone to one sim card, at the end of the day an o2 sim card is the same as all other o2 sim cards, and the iPhone does not require a 'special' sim. I'm using my o2 contract sim in my Unlocked AT&T iPhone right now.
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Posted: 2007-09-21 15:34:16
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The law was changed a few years back so now you can service your car anywhere and it wont affect the warranty


Whats that? warburtons?
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Posted: 2007-09-21 15:38:28
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I'm going to take a guess here and suggest that the way theyre selling the iphone and making you sign a contract at home has something to do with allowing them to get round this unlocking business.

normally you buy a contract and they will give you a phone as part of that. this situation however has you buying the phone (unsubsidised and completely seperate to a contract) and it is then your choice whether to sign up to o2. you are therefore buyin the iphone with full knowledge it wont work on anyone other than o2 and your accepting this when you buy it.
normally you'd be stuck in a contract as soon as you bought the phone, and (upon settlement of that contract or continued payement of that contract + a small fee) o2 are legally obliged to do provide your unlock code.

basically im guessing that buying a phone seperately from any contract/p&g absolves the network of any obligation to unlock that phone for you.


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Posted: 2007-09-21 15:44:43
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@Boinng


I don't have a bee in my bonnet as you put it am only looking at the situation and believe i have seen a flaw in the way it has been set up.

I didnt make the Law but it exists to protect consumers and if you read the previous posts especially the one from SE Unlock where he explains quite clearly what it means. It quite simply is not legal to refuse to sell an unlock code and keep a device locked to a Network there are no ifs or buts that's just the way it is.

Look at how many phones are bought locked to a Network then some one buys a PAYG Sim card and gets an unlock code within a month. I just don't see how or why 02 should think they are any different and exempt from the same laws as everyone else. If they sold it with a contract at point of sale they may of been able to make you return it as it not your property till the end of the contract but they haven't done this so it doesn't apply.

Come November 9th i will go to an Apple store and purchase and own a iPhone which will be my property and owned by me. I will then get a 02 PAYG iPhone Sim card and as i still have other Sims i wish to use in my device i will request an unlock code. Which if 02 like it or not they are legally obliged to sell me they really don't have a choice or the right to refuse and it really is that simple.

Marc

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[ This Message was edited by: Dogmann on 2007-09-21 14:47 ]
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Posted: 2007-09-21 15:45:55
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Standard practise within the industry is to supply the unlock code at the end of a given contract period, or upon a fixed fee payment for PAYG devices.
Common sense dictates that the iphone was never going to alter from this normal routine. no such thing as a free lunch guys!!
You can of course get the thing unlocked yourself at anytime you desire,
There has never been a test case in law to force networks to provide the unlock code in the UK.
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Posted: 2007-09-21 15:50:09
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I read somewhere that the reasons they've gone for the iTunes activation/sign-up procedure is this:

a) To avoid loads of people having to queue and wait around in the stores for 30 minutes or more filling in forms and making calls like you normally do when you start a new contract.

b) To allow Apple Stores (and other non mobile shops) to sell iPhones, as they don't have the infrastructure or licenses to sell contacts on behalf of the networks.
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Posted: 2007-09-21 15:51:09
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