Wireless and the Law: October 2007 Archives

As part of a class action lawsuit settlement, Sprint is agreeing to give their customers the unlocking code so that their handsets can be available for other CDMA networks.

The House voted this week to temporarily extend a moratorium on Internet access taxes until November 2011.

The moratorium was created by the Internet Tax Freedom Act in 1998. It prevents state and local governments from taxing Internet access, including cable modems and Internet service over phone lines as well as wireless transmission services like those delivered via a BlackBerry. The Senate has not voted on the bill yet.

Two class action lawsuits in California federal and state courts, claiming that the software upgrade and locking of the iPhone to AT&T are monopolistic, were filed in San Jose on Friday. The complaints were filed by law firms Folkenflik & McGerity and Hoffman & Lazear on behalf of Apple iPhone owners.

Both cases make similar allegations that the two companies violated antitrust, telecommunications and warranty laws while engaging in unfair business practices.

According to iLounge, attorney  Max Folkenflik said,  “There is little question that Apple and AT&T have misused Apple’s programs to improperly coerce consumers to buy only AT&T voice and data services and only Apple programs. That is unlawful under both Federal and state laws, and any terms in Apple’s and AT&T’s contracts to the contrary are also unlawful and unenforceable. Apple and AT&T have no more right or technological justification for forcing iPhone users to use only AT&T service and Apple applications than Ford would to force car owners to use only Ford batteries or tires, or than the maker of your television has to force you to watch only Fox or CBS.”

Sprint Nextel has settled its long running patent infringement dispute with VoIP provider Vonage. Sprint has agreed to license its VoIP portfolio or more than 100 patents to Vonage. The settlement payment to Sprint is estimated to be  $80 million dollars.