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on 03 Dec 2007 at 4:23 pm 1.Esteban Bianchi said …
Apa, en una discusion que salio el otro dia entre amigos yo decia que no habia ilegalidad en el hecho de utilizar un iphone desbloqueado en nuestro pais, pero esto es toda una novedad, al menos ahroa puedo decir que no me lo compor para no violar la ley…
on 03 Dec 2007 at 10:20 pm 2.Gustavo Arballo said …
Mas allá del análisis legal, la respuesta de fondo es otra. El iPhone no se vende en Argentina porque Apple no quiere. Porque (por razones de escala, logística, operativa o márketing) no ha decidido lanzarlo en el mercado a través de un agente autorizado. Porque de hecho, el iPhone que comprás y hackeás tiene esa restricción de no usarlo fuera de USA en los términos y condiciones en que lo vende Apple. Una ilegalidad civil -incumplimiento de contrato- pero ilegalidad al fin.
Eventualmente y cuando se le antoje -y esté en condiciones de ofrecer servicio técnico, cosa nada menor- Apple lo traerá oficialmente, y de seguro negociando un acuerdo de distribución de exclusividad con alguna telco grande.
En cualquier caso, el tema no es la profusión de normativa burocrática: el requisito de homologación de un equipo para ponerlo a la venta no es nada raro.
on 04 Dec 2007 at 1:37 pm 3.Roger Schultz said …
Estimado Gustavo, Ojo con una cosa, vos cuando compras el Iphone en una tienda de Apple en ningun momento aceptas ese contrato, ya que vos podes realizar la transacción y nunca vincularte contractualmente con el servicio de AT&T.
Por otro lado, en el blog de Pablo Palazzi Encontré algo que escribió el en un post denominado: “Porqué es legal “hackear” el Iphone de Apple” que cito textualmente:
“…Mi profesor de derecho romano siempre decía una frase que no he podido olvidar cuando nos explicaba los principios fundamentales del Derecho moderno. Decía “El Derecho es el sentido común puesto por escrito”. Uno espera que las normas que nos gobiernan tengan algo de sentido común. Cuando un usuario se encuentra frente a una norma que prohíbe hacer algo, y que no tiene mucho sentido, lo primero que sucede es rebelarse, preguntarse para que sirve y finalmente… incumplirla o desobedecerla… lo mismo sucede con el contrato.. que es ley entra las aprtes…
Esto es lo que pasa con las normas o contratos que prohiben desensamblar o hacer ingeniería inversa sobre un producto que un consumidor compra y del cual tiene un ejemplar tiene en su poder. La norma no tiene mucho sentido, aunque sirva para proteger secretos comerciales.. Es que cómo me van a prohibir desensablar un software en la privacidad de mi casa para conocer la última tecnología que usan….? Ahora, que lo pueda hacer no significa que sea legal. Pero Hotz tenia todo el derecho de “jugar” con su Iphone, de triturarlo en una licuadora… y de cambiar de carrier de AT&T a T-Mobile… el problema es si quiere comericializar ese hack… Entonces, es legal desproteger el Iphone? Si para uso interno o privado pero no para venderlo…o distribuir el hack…”
Para leer el post completo de Pablo Palazzi sobre el desbloqueo del Iphone en su blog Derecho y nuevas tecnologías: http://www.pablopalazzi.net/2007/08/25/es-legal-hackear-el-iphone/
on 04 Dec 2007 at 3:07 pm 4.Esteban Bianchi said …
Miren este teléfono la cantidad de discusiones que trae, quizá Steve previo que esto le iba a dar prensa a un teléfono que se caracteriza mas por su diseño y su aparente usabilidad que por prestaciones acorde a su precio (teléfonos del mismo precio tienen mejores prestaciones)
on 04 Dec 2007 at 5:35 pm 5.Raul said …
Hola, un detalle más: el “Reglamento General de Clientes del Servicio Básico Telefónico” en principio no aplica a los clientes del Servicio Móvil Celular, que seguramente tiene su normativa propia, ya que estás podrías ver por ese lado? Saludos, Raúl
on 05 Dec 2007 at 4:58 pm 6.Roger Schultz said …
Raúl, gracias por tu comment, me dí cuenta que en la edición del post, se me había quedado afuera un párrafo sobre el reglamento de clientes de servicio móvil celular.
Ahí vas poder ver el artículo donde se establece la obligación de utilizar equipos debidamente homologados, así como también para telefonía básica.
on 21 Dec 2007 at 1:33 pm 7.Willowcita said …
Tengo un iphone.
Y me encanta tenerlo hackeado e ilegal.
Es maravilloso.
on 27 Dec 2007 at 9:55 am 8.Las decepciones tecnológicas del 2007. « DINASIS Informática y Tecnología. said …
[…] En el caso del iPhone, al poco tiempo de estar en las calles el equipo fué hackeado, permitiendo usarlo con compañías más allá de AT&T, aunque en realidad no es realmente legal hacerlo. Al respecto hay una muy interesante y completa nota en el blog de E | Laws. […]
on 07 Apr 2008 at 4:55 pm 9.Santiago said …
Hola Roger,
Recién ahora leo esta entrada porque estuve investigando brevemente sobre los aspectos legales del uso del iPhone en nuestro país, y más concretamente la comercialización de su desbloqueo.
Te invito a leer la entrada en mi blog en que se discute esto, a ver si un abogado puede aportar algo más firme: http://www.santiagosarceda.com.ar/blog/2008/libre/27.derecho-a-la-ilegalidad-medida/
Un saludo,
Santiago
on 07 Apr 2008 at 5:03 pm 10.Derecho a la ilegalidad medida | Santiago Sarceda said …
[…] Edith: Ya que hago referencia a una Ley extranjera, aporto una entrada del blog E | Laws en donde se discute algo similar pero basándose en leyes […]