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Subject:
Is GSM SIM card copy legal ?
Category: Relationships and Society > Law Asked by: biodunm-ga List Price: $10.00 |
Posted:
11 Jun 2004 11:13 PDT
Expires: 11 Jul 2004 11:13 PDT Question ID: 359773 |
Is it legal to copy a GSM SIM card. There are products that allow you to copy multiple SIM Cards to a single SIM card which means one handset--many lines |
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There is no answer at this time. |
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Subject:
Re: Is GSM SIM card copy legal ?
From: ipfan-ga on 11 Jun 2004 14:42 PDT |
I am certain that the expectation is that there is a ?one-SIM, one-phone" rule in effect; thus, if you copy the contents of several SIM's onto one card, isn't that giving you access to those other person's phones? The only legitimate use I could see for this is if one person had several different phones (and thus several different SIM's) and wanted to have one SIM that he could interchange between phones. But that seems like an odd fact pattern to me. Seems more likely that one would perhaps want to be able to clone a SIM and then make calls using the other person's identifying information and thus avoid being charged for the call. Ethical issues aside, SIM's contain copy-protection technology (for the aforementioned reasons) and in the United States the Digital Millennium Copyright Act makes it illegal to circumvent anticopy technology. So yes, if, in the US, you make a copy of a SIM using a device or algorithm that defeats the copy-protection resident on the SIM, I am fairly certain you have violated the Digital Millennium Copyright Act. |
Subject:
Re: Is GSM SIM card copy legal ?
From: biodunm-ga on 11 Jun 2004 15:29 PDT |
Dear Ipfan, Thanks for your insightful comments. Being the originator of this question, what I had in mind is for users who want to use SIM copy in an "ethical correct" manner; That is, the user is the rightful owner of a SIM card, but due to the fact that he owns RIGHTFULLY several SIM cards, and he wishes to use all of them on one handset, The only logical thing to do is to copy these SIM cards to a MAGIC SIM CARD. In this manner. this sounds ethically correct, though I am not sure if it is legally right. MAGIC SIM card when used right makes life easy. A seller gives a caveat as below: "This value pack is only for personal usage. Prohibited to be used in illegally copy or back up others' SIM Card data. People should take their own responsibility for illegal action" Please read this legal interpretation backing from an Asian goverment official: "Mr. Gao Kaisheng the Deputy Director General of Administration of Telecommunication stated that it is no problem if the user just copy his/her own numbers and not for making profits. If the telecommunication agencies or website owner copy the numbers for users without licenses, that will be illegal. In according to the opinion that if selling multi-number reader is illegal, then the computer dealers that sell CD-RM must be illegal too. If the multi-number card is illegal or not? Mr. Gao Kaisheng stated that there are no regulations about only setting one number on one card in Telecommunication Law. The mobile phone numbers must be issued by the legal telecommunication agencies to keep the order of telecommunication market. The laws do not covering the multi-numbers card if it is reproduced by the user himself/herself and that it dose not infringe the copyright. But if the telecommunication agencies or websites reproduce multi-number card for users, it is a illegal business and will be punished by laws. So this product is just like a common CD-RM and no legal problems;" Further comments from the public welcomed.............. |
Subject:
Re: Is GSM SIM card copy legal ?
From: ipfan-ga on 11 Jun 2004 21:41 PDT |
Dear biodunm, Thanks for clarifying. I agree that making an archival or backup copy of a SIM card you lawfully own is likely permissible under US and other Berne Convention country copyright laws. See, e.g., 17 U.S.C. Section 117(a)(2) [http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=17&sec=117]. That, I think, is what Mr. Kaisheng was referring to. But there is an odd paradox at work in copyright law--although you have rights to make an archival copy as a backup, if you have to defeat copy protection in order to do it you may be violating the DMCA. See http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/12/sections/section_1201.html. In other words, Section 117 only avails you if you are starting with a non-copy-protected original. I will have to do some more reading on this--I vaguely recall some recent legislation or cases dealing with this seeeming paradox. Also note that Section 117 only works if the copy is truly archival, i.e., you shouldn't be running both copies at the same time. I assumed in my first post that the SIM was indeed copy protected--is that correct? |
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