Cell Phone Unlocking Suit OK'ed by Supreme Court

On Tuesday, the Supreme Court declined to hear arguments on a class-action lawsuit challenging the policies of T-Mobile and AT&T against unlocking cell phones. By declining to review an October decision by the California Supreme Court, they have cleared the way for a lawsuit that attorneys claim could represent "millions" of Californians.

As I have previously written, there is an exemption in the DMCA (.PDF) that explicitly exempts unlocking of cell phones. It specifically says and exempts:

Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.

CDMA carriers Sprint and Verizon, in response to other lawsuits, have already agreed to unlock phones after customers nationwide have completed their original contract - a compromise taken to achieve a settlement, said California attorney Robert Bramson, one of the lawyers in the T-Mobile / AT&T lawsuit.

Additionally, other countries, for example, France, require carriers to provide unlocked versions of phones. In these cases, even the iPhone is unlocked, although the cost of such an unlocked iPhone is fairly exorbitant.

The iPhone may be the key to this suit. As GSM carriers, their phones are easy - if unlocked - to switch carriers, simply by switching your SIM. The premium associated with iPhone exclusivity is not one either AT&T or Apple - which gets a portion of AT&T's monthly iPhone service plan fees - will give up easily.

The case is T-Mobile v. Gatton.