Legalities of withholding phone codes and subsidies for iphone.

Oafley Jones

Could somebody clarify this for me.

Aren't phone operators in Ireland obligated to tell you how much they are subsidising any phone? And once that has been paid off are they not required to supply an unlock code?

Also, we know that Apple is making a profit from each iphone sold and that O2 aren't supplementing the cost of the actual phone, so the only "subsidy" is the percentage of your contract that O2 kicks back to Apple. My question here, under the law can this agreement between O2 and Apple be regarded as a subsidy?

Are you forced into signing a contract when you buy the phone, or is like in the States where you buy it and start the contract via itunes.


*Mods I've posted this in an iphone thread, but given that this addresses the wider implications of unlocking I think it should have had a wider audience.

4Xcut

You're not forced into anything. You do not have to buy it. They can have a mandatory contract for a service if they want. they can also release a phone on bill-pay only if they like. What good is an unlocked iPhone if you have a contract with O2 anyway? The money is still going to come out of your account

laoisfan

4Xcut wrote: »

You're not forced into anything. You do not have to buy it. They can have a mandatory contract for a service if they want. they can also release a phone on bill-pay only if they like. What good is an unlocked iPhone if you have a contract with O2 anyway? The money is still going to come out of your account

currently you can sign a contract and avail of a new phone with any of the operators. after your contract is up you are entitled to the unlock code to the phone as the phone is now yours i.e. the operator have made their money from you over the term of the contract.

O2 have won the contract to carry Apple's iPhone, none of the other operators will be carrying it. Therefore after your initial 18-month contract is up with O2 are you not entitled to have the iPhone unlocked and put in the sim-card of another operator?

Anyone?

4Xcut

Oh, of course after the contract is up I would assume you are entitled to the unlock code. Just before hand, they are allowed to set the terms they want.

laoisfan

4Xcut wrote: »

Oh, of course after the contract is up I would assume you are entitled to the unlock code. Just before hand, they are allowed to set the terms they want.

agreed.

Oafley Jones

4Xcut wrote: »

You're not forced into anything. You do not have to buy it. They can have a mandatory contract for a service if they want. they can also release a phone on bill-pay only if they like. What good is an unlocked iPhone if you have a contract with O2 anyway? The money is still going to come out of your account

You've missed my point entirely. Read my original post. I agree you're not forced into anything and it's their right to release a phone on bill pay only if they want. What i'm seeking clarification on the laws surrounding subsidised phones - and if the iPhone can even be considered subsidised- in this country.

Gillo

I'm not aware of any law entitling a consumer to get a phone unlocked by a network, that said I'll also admit that I don't work in the legal profession.

Perhap's before this thread gets spoilt with information that was heard from a man down the pub who know a man who lives next to door to this guy who says etc....

As I was saying, perhaps somehow professionally in the know, could post the legal situation with links to the relevant entries in the statute books.

laoisfan

Gillo wrote: »

I'm not aware of any law entitling a consumer to get a phone unlocked by a network, that said I'll also admit that I don't work in the legal profession.

after the contract is up with any network you are entitled to leave that network once you given them the relevant notice period OR if you leave straight away, just pay the notice period (either way you pay for the notice period). that said then, you own the phone once the contract is up as the network have made their money from you over the period of the contract. no network can refuse to unlock your phone once your initial contract is finished. while i cannot quote any specific law that is fact.

i don't work in the legal profession either, i'm just talking from experience.

as regards subsidies i am not aware that any network has to tell you this information (who really care anyway?).

Gillo

laoisfan wrote: »

while i cannot quote any specific law that is fact.

i don't work in the legal profession either, i'm just talking from experience.

Is it not at the discretion of any network to add you in unlocking a phone?

sharper

Gillo wrote: »

Is it not at the discretion of any network to add you in unlocking a phone.

You sound awfully sure of that considering you were just saying you don't work in the legal profession and you don't want the thread polluted with bad information.

What you want to look at is the Unfair contract Terms EU Directive and the Unfair Terms in Consumer Contracts regulations in Ireland.

It would be a pretty crappy contract that demanded you pay €400 for the phone, a minumum of €45 a month for 18 months and then left with you a phone you had to continue to pay O2 if you wanted to use.