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 Forum index » Archive » Archive: The Art of the Heist » The Art of the Heist: Questions/Meta
[ot] Unlocking a Treo 650 from Cingular
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HitsHerMark
Unfictologist


Joined: 22 Aug 2004
Posts: 1521
Location: Austin, TX

The software to "crack the SIM unlock code" for the Treo 650 does not yet exist. Trust me, I've looked.

I did email Nisha, asking if she happened to have the invoice or something for the phone, because that's one of the things Cingular requests when you ask for the unlock code. I haven't recieved a reply, though it wasn't that long ago, and I really didn't expect "her" to be able to produce it any time soon.

The point is moot for me now anyway. Thanks for all the advice though! Very Happy
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PostPosted: Tue May 10, 2005 3:51 pm
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vpisteve
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Joined: 30 Sep 2002
Posts: 2441
Location: 1987

Nope, nothing illegal at all. Just, good luck getting the code from official channels, sometimes.

Sorry, the more I found out about carriers locking their phones so that 90% of users will just throw up their hands in despair and buy a new phone, the more irked I became.

Information wants to be free!
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PostPosted: Tue May 10, 2005 4:07 pm
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princess
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question..Does any one know if and OKWAP A267 is compatible with cingular? It is a phone made in taiwan... Confused

PostPosted: Wed May 11, 2005 1:21 pm
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HitsHerMark
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Joined: 22 Aug 2004
Posts: 1521
Location: Austin, TX

If it takes a SIM card, I don't see why it wouldn't be...

However, you may want to try forums that are more about cel phones and less about puzzles for that one... Smile

On a side note, "Nisha" doesn't have the invoice, but said she could contact her office and see what she could do.

I let her know I was all good, but if any of the other Retrievers are having this problem, you may want to drop her an email.
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PostPosted: Wed May 11, 2005 1:37 pm
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addlepated
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Joined: 17 Aug 2003
Posts: 1885
Location: Austin, Texas

My friend who works for Nokia security says it is indeed illegal under the DMCA to have a third party unlock your phone. If you have a Cingular-locked phone, then Cingular is the only one who may legally unlock it.

IANAL, but thought I'd relay the information since I just talked to him about it last weekend.

PostPosted: Wed May 11, 2005 6:57 pm
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GateKeeper
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Joined: 22 Apr 2005
Posts: 156

addlepated wrote:
My friend who works for Nokia security says it is indeed illegal under the DMCA to have a third party unlock your phone. If you have a Cingular-locked phone, then Cingular is the only one who may legally unlock it.

IANAL, but thought I'd relay the information since I just talked to him about it last weekend.


If I were ever prosecuted, I would gladly fight that in court. The phone is not Cingular's property. I can resell it, destroy it, stick it in the microwave, or unlock it as I see fit. Cingular can of course refuse service if my phone doesn't meet their requirements, but I don't see how the DMCA applies here. The DMCA protects copyright. What copyrighted work is being protected by locking me in to their service on a device I own?

The supreme court has in the recent past heard cases regarding use of the DMCA to lock users into proprietary technologies. I think it was lexmark who was manufacturing printers which required an 'ink present' signal be sent from the cartridge. 3rd party manufacturer's started making compatible cartridges and Lexmark claimed that their signaling was protected under the DMCA. The Supreme Court thought otherwise.

PostPosted: Wed May 11, 2005 7:32 pm
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Ranger D
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Joined: 24 Aug 2004
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GateKeeper wrote:
addlepated wrote:
My friend who works for Nokia security says it is indeed illegal under the DMCA to have a third party unlock your phone. If you have a Cingular-locked phone, then Cingular is the only one who may legally unlock it.

IANAL, but thought I'd relay the information since I just talked to him about it last weekend.


If I were ever prosecuted, I would gladly fight that in court. The phone is not Cingular's property. I can resell it, destroy it, stick it in the microwave, or unlock it as I see fit. Cingular can of course refuse service if my phone doesn't meet their requirements, but I don't see how the DMCA applies here. The DMCA protects copyright. What copyrighted work is being protected by locking me in to their service on a device I own?

The supreme court has in the recent past heard cases regarding use of the DMCA to lock users into proprietary technologies. I think it was lexmark who was manufacturing printers which required an 'ink present' signal be sent from the cartridge. 3rd party manufacturer's started making compatible cartridges and Lexmark claimed that their signaling was protected under the DMCA. The Supreme Court thought otherwise.


I think it comes down to the phone being locked with a form of encryption. This issue would probably liken to Nikon's use of a encryption scheme to encrypt the white balance information in pictures taken with their new digital cameras. You can only use this white balance information in specific Nikon software products. Adobe could support this white balance info in Photoshop but would have to break the encryption scheme. but Adobe won't do that for fear of being sued under the DMCA. Slashdot had a number of articles about this issue here, here and here that can explain it better than me.

Or I could be totally wrong. I'm not a lawyer. Smile
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PostPosted: Wed May 11, 2005 7:58 pm
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GateKeeper
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Joined: 22 Apr 2005
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Even so, the DMCA doesn't explicity make breaking encryption illegal. It makes breaking encyption illegal with the attempt to access copyrighted works.

I'm somewhat familiar with the whole Nikon raw image thing. I can understand Adobe's not wanting to get involved, but I still don't think there's anything explicity illegal about breaking the encyption.

I'm not a lawyer either.. personally I'd run the risk of running afoul of the law on this one, but I'm not suggesting others do so if they don't feel strongly about this like I do.

PostPosted: Wed May 11, 2005 9:01 pm
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addlepated
Unfictologist


Joined: 17 Aug 2003
Posts: 1885
Location: Austin, Texas

For unlocking from Cingular, apparently you just need to keep calling back until you reach someone helpful. This is plausible; I know I've done similar things when dealing with cell providers. There's also this thread which might be helpful:
http://shadowmite.com/forum/viewtopic.php?t=135

As for legality issues:
Quote:
1. The Digital Millenium Copyright Act (DCMA) put into effect law that
allows hardware and software manufacturers to require usage agreements
(usually in the form of clickwrap or shrinkwrap licensing) on
purchased goods. What this means is that, although you bought and paid
for your telephone, the manufacturer or seller can still require that
you only use it in prescribed ways. Or, in other words, it may
actually be illegal for you to unlock your phone. So check this out
first and make sure that you're not prohibited from unlocking your
phone.

From http://answers.google.com/answers/threadview?id=39058

A more detailed response on unlocking GSM phones:
http://answers.google.com/answers/threadview?id=121661

PostPosted: Thu May 12, 2005 5:28 pm
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addlepated
Unfictologist


Joined: 17 Aug 2003
Posts: 1885
Location: Austin, Texas

PS: Another thing you can try is getting someone who's been a Cingular customer for over 90 days to put in their SIM card and call customer care to request unlocking.

PostPosted: Thu May 12, 2005 5:35 pm
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yoman
Guest


Hello,

I was about to purchase a unlocked Treo 650 until I heard that I could purchase a Cingular version for cheaper, unlock it, and use my ATT sim card ($99 charter plan). I just wanted to get some advice from those who were in a similar situation as I am. Should I just purchase the Cingular 650 from a local store (with no calling plan agreement) and request the unlock code from Cingular customer service? Do I have to be on a Cingular plan for them to even provide me the unlock code?

Thanks in advance for any suggestions!

PostPosted: Sat May 21, 2005 7:23 am
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HitsHerMark
Unfictologist


Joined: 22 Aug 2004
Posts: 1521
Location: Austin, TX

Don't do it man, it's not worth the hassle.
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PostPosted: Sat May 21, 2005 10:45 am
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cskane4life
Veteran

Joined: 07 Apr 2005
Posts: 127
Location: Southern CA

yeah...I couldn't get my Treo unlocked by Cingular...gonna try and have my friend do it with his sim card later today....

Great gift...too bad I can't use it as of yet

PostPosted: Sat May 21, 2005 2:26 pm
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nhansard
Decorated

Joined: 07 Apr 2005
Posts: 159

So we've seen lots of Treo's in the game so far... anyone think that PalmOne may be a co-sponsor?

PostPosted: Sat May 21, 2005 2:41 pm
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SuperJerms
Unfettered


Joined: 21 Aug 2004
Posts: 537
Location: indiana

<soapbox>

Having done graduate work on public policy in telecommunications, let me just throw in my two cents. I may not be a lawyer, you don't really have to be a lawyer to understand the issue (one of the most respected scholars in the field isn't).

DCMA effectively does make it illegal for anyone but Cingular to unlock the phones. You aren't even a blip on the company's radar, so you can get away with it, but DCMA is exactly what Cingular could use to stop you. It wouldn't get to court, you'd run out of money way before that. DCMA effectively rids you of many fair use rights, including circumvention of digital protection schemes (and cell phone unlocking absolutely would fall under that).

Your ability to transfer, sell, make mix tapes, etc. (known as the doctrine of first sale) are also effectively ended because of the introduction of digital rights management (DRM). DCMA gives teeth to DRM, and companies use DRM everywhere. That's why you are having hassle transferring your phones.

Did the constitution try and provide you the ability to do what you want with your phones? Yes. Can you now? No. Why? DCMA and copyright law being abused and enforced anywhere it can be...including your phones.

If you're interested in legislative initiatives and public consciousness in the future, and not losing the rights you're used to having, you also might be interested in http://www.publicknowledge.org/ They do some pretty good work, and have some pretty smart people working for them.

</soapbox>
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PostPosted: Sun May 22, 2005 5:55 pm
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