Verizon Is Breaking the Law

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  1. VoidedSaint

    VoidedSaint Resident Ninja VIP Member

    Yeahha and ardchoille like this.
  2. ardchoille

    ardchoille Well-Known Member

  3. Yeahha

    Yeahha Usually off topic VIP Member

    Now is it okay for me to fill this out if I have already rooted my TB and chosen what firmware I want to run. Great find BTW
  4. ajdroidx

    ajdroidx Well-Known Member

    Im running a DX right now, otherwise I would. My sis just got a bionic and I think that runs in the same bands as in the article.

    Now.... the tiered data plans however.... I wonder if that can be done away with
    (im unlimited)
  5. VoidedSaint

    VoidedSaint Resident Ninja VIP Member

    you can still file, i recommend you do

    i would suggest you also file, you have a locked bootloader, installing custom roms/kernels will be difficult for you
  6. ericDylan

    ericDylan Well-Known Member

    are you kidding me?
    are you on a contract with your phone?
    I believe it is safe to assume most people on this forum are, meaning Verizon owns most of the phones here.
    they can do what they want. it is not your constitutional right to root a phone owned by Verizon. it is not even your constitutional right to root a phone owned by you. as long as the service you bought is being fulfilled, they are not doing anything wrong.

    edit: posted before I read the article, though I still maintain my original assertion. Verizon is not breaking any of the laws. the regulations are meant to keep Verizon from thottling data and similar practices carriers are known for. the regulations do not, in any way, address bootloaders and they cannot be construed to address bootloaders.
  7. PoorBoy52760

    PoorBoy52760 Well-Known Member

    Honestly... Verizon doesn't own the phone ONCE YOU PAY FOR IT and walk out the d**n door.. its yours to do with as you see fix and if there is something in the laws stating that they cant lock the bootloaders. then they are OFFICALLY Breaking the LAW...
  8. ericDylan

    ericDylan Well-Known Member

    I agree... if they break a law, then they are breaking a law. however, Verizon is not breaking a law. there is nothing in the regulations that applies to bootloaders.

    and yes, once your contract is up and you have completely paid for your phone, you can do as you wish with it. however, Verizon is not required to provide you with the outlet to alter the software. you bought the phone with a bootloader. if you find a way to alter the software on it despite the locked bootloader (I know nothing about deving), then feel free, but they don't have to facilitate these alterations.
  9. PoorBoy52760

    PoorBoy52760 Well-Known Member

    if you read that whole article it implies to all parts of the phone.. including bootloaders therefore they are breaking the law and enough ppl file complaints with the fcc verizon is in deep doo doo
  10. persim

    persim Well-Known Member

    I don't think he is eligible to file a complaint because the Droid X does not come with a LTE radio. The article seems to imply that only LTE phones capable of accessing the the 700 MHz Block C might have a claim
  11. ericDylan

    ericDylan Well-Known Member

    actually, that is how the author misinterpreted the laws. the law states it is illegal to lock any parts of the phone if it affects the use of the network by prohibiting it or applications to access the Verizon network or other networks. that is the extent of the law. anything else is wishful thinking from developers.

    Google really has little interest in ensuring unlocked bootloaders.
  12. A.Nonymous

    A.Nonymous Well-Known Member

    I thing the legal leg XDA is trying to stand on here is extremely tenuous at best and non-existent at worst.
  13. jerofld

    jerofld Fixing stuff is not easy VIP Member

    One, Verizon does not own your subsidized device. Especially not a device that is purchased at full retail without contract. They contract service. I recently left Verizon and joined Sprint. I still have my Droid X and every other device I've ever had while a customer of Verizon. If it was Verizon's device, then shouldn't they have wanted it back? Besides, a subsidy is not the same as a loan. They can not reclaim the device if you fail to pay for your service.

    Two, while it may not be in the constitution, it is legally permitted to jailbreak/root any electronic device in which you own. Apple tried, and failed, to shut down jailbreaking of mobile devices. Microsoft and Sony are both fighting, and failing, at preventing jailbreaking of gaming consoles. Those cases are looking at going to the Supreme Court. Considering the previous stances the Supreme Court has held with individual modification of privately owned devices, I fully suspect they will reject Sony's and Microsoft's claims.

    Story on jailbreaking: Unlocking is now Officially Legal for iPhone Jailbreaking |

    And while the court case dealt specifically with iPhones, when entered into the Library of Congress, the terms were generic and not specific to the iPhone. So it covers Android, WinMo, WebOS, Symbian, and any other mobile platform.
  14. A.Nonymous

    A.Nonymous Well-Known Member

    You have a legal right to try to jailbreak/root/whatever any device you want. The manufacturer does not have to allow you to do so. No one has ever sued Apple for trying to stop people from jailbreaking. Apple is well within their rights to try to stop people from jailbreaking. VZW and the OEMS are well within their rights to try to do the same.
  15. jerofld

    jerofld Fixing stuff is not easy VIP Member

    It's the context in which I'm arguing. Saying a user can't root his/her phone because Verizon owns the phone is fallacy, because they do not own any phone that exists outside of their inventory shelves nor do they have any legal claim of denying service to root/jailbroken users.

    And as much as I would like this legal challenge to succeed, it's very likely going to be swept under the rug by the FCC. Unless Google gets their legal / lobby team together for it. Which, considering the lawsuits from Apple against HTC and Samsung, I doubt will happen.
  16. A.Nonymous

    A.Nonymous Well-Known Member

    VZW and the OEMs aren't doing anything more illegal than Apple making it difficult to jailbreak. That's all I'm saying. I'm in favor of unlocked bootloaders and have passed on devices because they weren't easily rootable, but that doesn't mean the OEMS are doing anything illegal. They're not.
  17. jerofld

    jerofld Fixing stuff is not easy VIP Member

    I think we're sparring over a non-issue between us. I'm not saying locking the bootloader is legal or illegal. I was replying to a point of a post saying we have no legal right to root and that Verizon actually owns all the devices that use their service. We can root legally and there have been court cases to back that up. We also own our devices, even if subsidized. I've never heard of a repo man chasing down a guy to repossess his phone. A collection agent looking for the ETF, sure, but no repossession.

    I don't agree with manufacturers / carriers locking bootloaders, and I actually do agree with you. Calling it illegal to lock the bootloader is seriously stretching what is in the terms for the Block C band. But crazier things have happened in court.

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