The Iphone

Hey all,

I live in Australia and my lovely (sarcasm much) Nokia 6280 has decided its time to further annoy me with its endless problems so, ive had enough of the thing and think its time to buy something a little more apple


there has been alot of media attention about the australian release of the iphone, i had been thinking about buying one online and having it not so legally unlocked but dont want to do this - $800 works for 3 months dies and well your left with it-

so does anyone have any info on pricing? the media ive seen hints at a pre paid or unlocked service to australia? seems highly unlikely aussie will get the better deal over the world but its the rumor? would also fit in with the 3g version


anything will help this issue, im just about sick of nokia, almost bought a N95 but decided a $1200 phone that lasts 13 months is not worthwhile

 

Same, I'm wondering too.

 

Unlocking is perfectly legal.

 

Its a very grey area at this point, but I've asked the administration and for now, we won't be allowing iPhone unlocking discussion here on NotebookReview. Anyway, no idea, but unfortunately, based on Apple history, the Australian pricing will be more expensive as usual.

 

Can I ask if this decision is because they feel iPhone unlocking is in a gray area, legally, or if it's just not something appropriate for a notebook forum?

 

Several matters. First of all, phones aren't even really appropriate for a notebook forum, but we won't be too strict about it, seeing as most Mac users are also knowledgeable with Apple products in general. And secondly, yes, because at this point its still very subjective as to whether unlocking is allowed, as laws are different in each country, as well as if breaking EULAs are against the law, etc. For now, the administration's stance will be, we don't want to see discussion asking how to unlock or whether to unlock, and we don't recommend doing so.

 

With an Australian release not far off, I'd say wait. What is the point of buying an iPhone if you couldn't get internet access in Australia? Wait for the 3G version, see what sort of deal Apple comes up with. Even then, it may be cheaper to get a 3G version from overseas.

 

As Sam has stated there may be territorial differences in the law with regard to unlocking of phones in general and as such I do understand NBR's wish not to see assistance given to anyone who wishes to break the law. If people are looking to investigate this further I would recommend Modmyifone.

http://www.modmyifone.com/cmps_index.php

What I can state to anyone with regards iphone unlocking (and others) is this.

If you are in Europe an unlocked mobile phone is a right under EU law once certain conditions of carrier remuneration or contractual timing have been fulfilled (in english that means if you pay them a specified amount or are on a contract for a specified period they MUST unlock the phone). That applies to all mobiles in the Euro-zone so I would advise people to be aware of their legal right to unlock ANY phone not just the iPhone. Apples response to this fact has not been satisfactory for consumers nor several states within the EU. The EU Commission this year has stated that it is legal to unlock iPhones and is in fact illegal to prevent people from doing so indefinitely.

In the US unlocking for commercial purposes is not legal, but you do have a right to unlock to legally connect to a carrier for personal use, beware that this law is not fully active and has conditions so don't go shouting at the AT+T store rep. Just don't tell Apple and be sure to ask questions on the site above.

In Australia if Apple try to tie you into a single carrier or prevent unlocking indefinitely this will fall foul of Australia's consumer protection and anti-competition laws. This is the likely reason, apart from technological ones, that it hasn't entered into Australia until now. For any Australian here they should read this (I know its all boring and legal but you have rights you should be aware of for any product as the last people to adhere to them are companies like Apple). This journal is a reputable Australian legal source.

http://www.austlii.edu.au/au/journals/QUTLJJ/2007/21.html#fn7

For everyone no matter where you come from if you obtain an unlocked iPhone which was unlocked in a country in which it legal to do so and then have it delivered/bring it back to your country for personal use that is legal. No crime has been committed on your territories soil.


As for buying now well...

The iPhone is about to go 3g and from the carrier announcements of Vodafone and others it would appear that Apple is finally going to grow up and stop acting like a megalomaniac multinational child and join the Nokia's and Sony Ericssons of this world in allowing less discriminative carrier and contractual rollouts this time around. This means competition between carriers for your hard-earned cash = lower prices and deals. Thats the 1st reason to wait before buying. Liam2051 Aussies may even get a better deal than others simply because of the consumer laws so don't give up hope.

Second reason to wait is that if you have poor 3g service (as we do in Ireland) the 3g version should mean low price 2g versions on ebay etc so if your not gonna benefit/have no use for 3g hang on and pick up a bargain.

Third the SDK is about to go out the Cupertino fortress doors and you may be better off waiting to see what that offers for the 2g + 3g versions and how the jailbreaking/unlocking community fair versus Apples wish to sell you add-ons to inflate their $18bn coffers.

Honestly, your best to hold on and wait and see what happens after the 3g launch goes worldwide to pick up the best deal. Never be the 1st one on the block to have an Apple product if you don't want to get screwed financially.


P.S.: Just a quick one to the NBR admin guys but does unlocking HSDPA/EVDO/GPRS etc cards on lappys not breach the EULA's as well. I haven't read one but I presume it does. We have been talking about that for ages. Just wondering. Cheers.

P.P.S: Apple's EULA's comes 2nd to the law, always, and oftentimes breaches it in several countries worldwide.

 

I think we should have a cell phone discussion section..... I believe iphone has changed notebook culture. Smart phone like iPhone can be better than notebook in many cases. I, for example, use my iPhone more often than my Macbook. My Macbook indeed is useful and comfortable to use. However, iPhone does not need to power on and off like notebook. In addition, iPhone is easy to carry around. That is also why Google and many organizations have specifically started mobile versions.

 

May I refer you to NotebookReview's sister site Brighthand .

www.brighthand.com

 

Seriously though, I think most people prefer to have one login and password to keep track of, and a site that gives them as much access as possible. So I think it imperative that there be a phone discussion section in the forums.

 

thanks guys for all the imput, ive been estimated about $1000 for the 8GB which is pretty exxy based on american pricing. but good old australias always the same

 

If you want one that badly, go to eBay. Or, if you're in Sydney, one store above Capitol Computers had a couple for sale.

 

did not know that

 

Unlocking the iPhone is LEGAL in the United States under the DMCA. That went through a couple of years ago. EULA, contracts, none of that mean nothing. Besides, EULAs and portions of cellphone contracts have been laughed out of court in recent years.

http://arstechnica.com/news.ars/post/20061124-8280.html

Edit: Yes I know the original poster is in Australia. But I'm just pointing out that theres absolutely no reason to quash perfectly legal discussion. Notebookreview.com is owned and operated in the US after all.

 

NotebookReview is not "American-only", and welcomes all members from all countries. The official stance is because of the grey area of it, we won't allow discussion on it at this point. TechnologyGuide is a registered company, and what goes on in the forums directly reflects the reputation of the company.

 

What grey area? Notebookreview and Apple are both based in the United States and bound by US laws. US law specifically currently states that unlocking a phone is legal.

In the UK, there is no law stating that you cannot unlock a phone. Same goes for Australia. France and other countries require unlocked phones.

Besides, if unlocking the iPhone was "illegal", why hasn't Apple been sending out C&D letters daily to the websites that discuss this sort of thing and even host the tools to accomplish it? Simply, it IS legal and even Apple's legal department knows that any attempt to stop it would result in them being laughed out of court.

There is absolutely no reason that this topic cannot be discussed here considering it is legal in every country where readers hail from.

 

Ok I put this in a P.S. before but I'm going to ask it out straight as it seems it is being ignored. Is discussion of unlocking of HSDPA cards on laptops not the same as discussing unlocking of other products involving mobile communications covered by both EULA's and law. As I have already stated we have all been talking about this on NBR for quite some time. To be honest restricting discussion of this topic on NBR smacks of pandering to Apple, hypocrisy and a restriction placed upon the memebers of NBR based solely on brand preference and the fact that the iPhone has a large market presence.

If discussion of unlocking HSDPA/WWAN cards is the same as unlocking the iPhone your reputation arguments for the NBR parent company frankly mean nothing.

 

Please bring it up to Chaz then, thanks.

 

Huh oh.. This is not going to end well...

 

fight fight! I want to see some actions!

 

ill make it easy. my thread dont fack it up ok, cant u people nicely talk without fighting with a mod? i no the unlocking is temping but if its banned then leave it be dont argue

 

Well, as someone else pointed out, banning the discussion of unlocking the iPhone screams of hypocrisy especially with discussion of unlocking other products taking place regularly on this forum.

Also a quick google search reveals that not only is it legal here in the US but there is not a single law on the books in any other country stating that you cannot unlock your own phone.

I also pointed out before that EULAs have been laughed out of court in many cases. Not too long ago we even had cellphone contracts shot down and laughed out of court. The only reason these things exist is because people generally don't have the balls to take the large companies to court. But those that do always end up winning.

Anyway, unlocking the iPhone is perfectly legal. It is not a "grey area". If it was illegal, Apple's lawyers would have already been all over those that make unlocking possible. If you want to get an iPhone and unlock it, do it.

 

*gets popcorn*

 

I stated NBR's policy on the matter very clearly already, previously. I do not make these decisions, my job as a moderator is to enforce them. If anyone wants to discuss with the administration over the matter, may I refer you to Chaz. Otherwise, after I repeatedly explained so, obviously it wasn't clear enough that this discussion doesn't belong here. Thread closed, people.