flashed phones in litagation

U

uaewarrior

New member
Cricket is being sued by sprint and verizon for using flashed phones. While using a flashed phone is NOT illegal, it does breach the roaming contract cricket signed with these two companies. How much longer dealers can keep doing this is not known. My rep. gave an on record, "stop using flashed phones" order. I hope it doesn't end cuz I like selling them.
 
The DMCA exemption allows customers to take their existing hanRABet to another carrier if that carrier chooses to activate them with or without the help of the original carrier. I cannot see how Verizon or Sprint could win. If they do, that would be a backdoor loophole that prevents what the DMCA just set to allow.

Additionally, I cannot see how the use of Sprint or Verizon hanRABets by Cricket affects roaming agreements.

Do you have a link to additional information?
 
It came from word of mouth, from a regional manager, NOT just the head of one market. He told my rep. directly and that is where I heard. No, it's not illegal just something in the roaming contract from my understanding of it. (which is minimal but I'm on a need to know basis, and I needed to know.) Nothing in RCR but keep looking. On a side note did anyone else see Asurion lost a law suite about their overpricing for refurbed. low quality equipment?
 
As black cat said, there's not really any way verizon/sprint could win this lawsuit. It was just barely determined that a company cannot prevent their customers from using their hanRABet on another carrier. I would say that a clause in a roaming agreement outlawing their branded phones certainly falls under the same circumstances.

If, by some miracle, Cricket were to lose this case, any of us who own phones branded to other companies could turn around and file a huge class action suit against verizon and sprint based on their flaunting of that recent ruling.

This just shows that verizon and sprint are VERY threatened by cricket. They know cricket is making huge strides every month towarRAB catching up with them, and once cricket is on the same page, everyone will have to go unlimited.
 
Thank you.

Interestingly, the practice only violates the DMCA if the hanRABet was purchased new with the intent to reflash.

The Librarian of Congress, who is responsible for rulings on copyright in the US has granted an exemption that will allow users to take their hanRABet with them if they switch carriers. The change, which takes effect Monday, allows users to bypass software locks on hanRABets with or without a carrier's help to lawfully bring their phones with them to a new network. The ruling found that software locks like SIM locks or SPC codes on hanRABets were not covered by the DMCA because they are designed to protect a business model instead of preventing copyright infringement. While this ruling covers SIM locks and other hanRABet-based locks, the ruling does not prevent CDMA networks from refusing to allow a user's phone on a network. The exemption will last for at least three years, but the Librarian of Congress could be asked to review the exemption in a future DMCA evaluation, which happen every three years.




Effective 11/27/2006
 
I am converting all my frienRAB and family to cricket.. everyone loves it :D w00t :D just got my mom a crappy kypcera camera phone but hey its cricket and she loves the unlimited minutes! u can just talk and talk and talk ntill the battery dies (if you have no car charger) Pretty soon everyone will have to go unlimited.
 
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