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NEC is threatening companies that unlock its ThreePay handsets with legal action in a new bid to curb box breaking.
In a letter sent by high-profile law firm Clifford Chance to unlocking providers and repairs companies, NEC accused them of using software to unlock its ThreePay
handsets, ‘written in breach of NEC’s rights in its program code’, which circumvent copy protection.
Citing copyright infringement, misuse of confidential information and breach of the Copyright, Designs and Patents Act (1988), NEC threatened ‘further action’ if recipients failed to send it their unlocking equipment.
The letters were sent just weeks after 3 issued a dealer bulletin specifically warning them against box breaking and unlocking ThreePay handsets, or face breaching their dealer agreement.
However, Shaun Whyman, NEC (UK) head of cellular (pictured), said the manufacturer viewed this as ‘more of an IP infringement’ than an attempt to stop people unlocking phones.
‘It has been brought to our attention that there is a possibility that our IP has been infringed,’ he told Mobile. ‘We believe there is software out there that infringes NEC software IP.
‘We don’t want to be unfair to dealers and repair companies; we’re trying to protect our IP rather than go on a witch-hunt.’
A spokesman for 3 told Mobile: ‘We support it; box breaking is an issue for the whole industry. This is to protect the retailer, the manufacturer, the operator and the customer, particularly in the run-up to a busy period at Christmas.’
JIC Electronics, a manufacturer of phone unlocking equipment that also advises the police, argued that its NEC unlocking software and hardware, which it resells for a Bulgarian manufacturer, does not use NEC code but a ‘brute force’ code attack.
Dave Brailsford, JIC Electronics director, said: ‘We wouldn’t sell it if the software was illegal we can’t in our position. They are sending a letter saying this is illegal, when they’re asking us to send the hardware and software to them they must have no proof.’
NEC’s ThreePay handsets have become a magnet for box breakers, leading to a flurry of unlocking activity. 3 is keen to stop such activity to ensure it has more chance of recouping the handsets’ heavy subsidies.
‘What do they think will happen when they sell a £140-£150 phone for under £40?, asked one recipient of NEC’s letter.
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Posted: 2004-12-04 01:39:01
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This is a bit worrying - does this mean that in the not-so-distant future there will be no such thing as an 'unlocked to any network' phone? Especially when (if?) all the 2/2.5G phones have become obsolete and 3G is the standard?
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Posted: 2004-12-04 02:19:42
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fat chance. IMEI changing is illegal as well in many countries, and just look at how popular it is.
they can't stop it!
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Posted: 2004-12-04 03:21:35
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i wouldnt be suprised to hear that 3 realised they could not legally stop phones being unlocked, so they went to nec and asked what they could do and nec came up with this lame attempt.
imagine asking total strangers to give equipment and software to them which they dont even know for sure these people have or if they are illegal or not!
lame.
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Posted: 2004-12-04 06:06:00
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