Is iphone locked w/att network violated the Digital Millennium Copyright Act?

[treoluv]

Due to The Digital Millennium Copyright Act (DMCA) [at 17 USC 1201], we can ask for the subsidy unlock code.

Does anyone here with locked iphone try to ask for unlock code, yet?

 

[Chris Kingree]

I'll try to do it. They should have a way to unlock it, but it funny that you bring that up because I was just talking to someone about that earlier today. I'll post the findings.

 

[Chris Kingree]

ok so I just called the AT&T iPhone support line and told them I would be in Europe for about 3 weeks and I would need to unlock my iPhone to avoid costly roaming fee's. This is the quote of the reps answer in the conversation "Because the phone is only provisioned by Apple through AT&T service. Apple has signed a 5 year contract with AT&T that states that no subsidy code will be provided to unlock the iPhone."
I then brought up about the DMCA and the representative researched this through a supervisor and came back with, "The US Copyright Office states that as of Nov 27, 2006 customers have a right to unlock their phone to use on any network so desired. However, The carrier may choose to deny the request on a single model."
To me, I think they made it up to end the phone call but, I haven't read anywhere that proves that they reserve the right to keep the phones locked from the public. If anyone has read this I would really like to see the supporting info. Just for my own knowledge.

 

[treoluv]

Camarochris, you're the man!

Have you ever try another working at&t SIM card to use with the iphone?

Guess that we have to wait until the 2nd gen iphone come out, then they (at&t) could not say "on a single model" anymore. or we may need some lawyers with locked iphones, like judge Pearson then

 

[AnteL0pe]

I then brought up about the DMCA and the representative researched this through a supervisor and came back with, "The US Copyright Office states that as of Nov 27, 2006 customers have a right to unlock their phone to use on any network so desired. However, The carrier may choose to deny the request on a single model."

Are we sure that is actually a provision?

 

[Kupe#WP]

As I understand it, the DCMA exemption on cell phones doesn't prevent a wireless company from locking its phones, the exemption removes the criminality from unlocking locked cell phones.

5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.

So once someone figures out how to unlock the iPhone, in theory AT&T can't prosecute them for a DCMA violation. I wouldn't be surprised if that "someone" was somehow related (but not in a legally binding sense) to Apple as they have the most to gain through an unlocked iPhone.

 

[AnteL0pe]

Camarochris, you're the man!

Have you ever try another working at&t SIM card to use with the iphone?

I believe the present theory is that an iPhone SIM will work in any ATT phone, but that any old ATT SIM will not work in an iPhone. I haven't confirmed that, but i can later today.

 

[rsnadel]

Or perhaps any AT&T sim will enable the phone functions...but none of the other features.

 

[AnteL0pe]

could be. things like visual voicemail may be tied to the SIM

 

[Chris Kingree]

Are we sure that is actually a provision?

Thats what the AT&T rep said specifically. Thats all I have to go by.

I believe the present theory is that an iPhone SIM will work in any ATT phone, but that any old ATT SIM will not work in an iPhone. I haven't confirmed that, but i can later today.

well, I took a t-mobile card and put it in and it of coarse said, "invalid Sim please insert correct sim" then I put in an active AT&T sim from another phone line and it says "please activate your iPhone through itunes" However, it does allow you to function and move throughout the menu's. I know someone that is going to try to unlock it. He said that iTunes will have to be hacked in order for any sort of unlocking to happen.

could be. things like visual voicemail may be tied to the SIM

that sounds like a good reason because thats one of the reasons for using a new sim to begin with.

The rep also suggested that I use my old phone if i would like to unlock a phone. They would be able to unlock that for me.