German court says T-Mobile can sell iPhone exclusively -- Vodafone injunction dismissed

Surprise! The German courts have reversed the November decision and now say that T-Mobile has the right to sell the iPhone exclusively in Germany. As a result, the injunction granted to Vodafone has been dismissed. T-Mobile still has the right to seek damages. Ah well, there are still unlocked iPhones in France if anyone's looking.

[tealfixie @ Dec 4th 2007 8:49AM]

if

[MC Grammar @ Dec 4th 2007 8:49AM]

Stop. GrammarTime.

[Ryan Trevisol @ Dec 4th 2007 9:27AM]

The injunction made no sense in the first place. Since when can a handset company NOT choose which carriers its phone will be offered on? I know people call the wahhmbulance about things being open, but a handset manufacturer has every right to make sure that the network and branding of the carriers it chooses to put its handsets on are up to its standards. It's like MetroPOS . . . it's a budget carrier with no credit-check. Of COURSE it's going to get all the second-rate phones. Even if the iPhone had been CDMA, do you think Metro would be filing lawsuits against Verizon?

[KyleK @ Dec 4th 2007 10:23AM]

The injunction wasn't about T-Mobile's exclusive rights to sell the iPhone, but rather about the fact that currently, a T-Mo customer has no way of unlocking his iPhone and use it on another network if he decides to cancel the mobile contract. According to Vodafone, that counts as unfair practice, but the court apparently decided otherwise.

[Ryan Trevisol @ Dec 4th 2007 10:25AM]

Uhm . . . isn't that the very essence of an exclusivity contract? It's not illegal here in the states. I don't know much about German law, but companies have the right to do that. I understand it's a new precedent in Germany, and would love to see the same kind of practice here in the states, but at the same time I'm glad that a company can't stomp it's foot and scream "unfair!" like an 8-year-old and get the law changed.

[Bobby @ Dec 4th 2007 11:15AM]

I wonder if the German version of the phone will be compatible with US Federal security technologies?

iPhone a Trojan Horse For Government Surveillance?
http://www.prisonplanet.com/articles/july2007/200707iphonesurveillance.htm

FBI records audio from cell phone even when battery is out
http://www.prisonplanet.com/articles/december2006/071206batteries.htm

[stingraze @ Dec 4th 2007 11:25AM]

France? Hm... Time to start getting contacts.

[Sebastian @ Dec 4th 2007 1:31PM]

That sux big time! Thanx apple for starting to change the industry here in Germany. It is taking a turn to the worse. I hope we will not arrive at the way it is in the US! Vodaphone, fight!

[Thierry @ Dec 4th 2007 1:34PM]

Please review the first judgement. The first sentence ordered T-Mobile to no more sell its iPhone with a long term contract and a set price (thus, now the iPhone is no more sell $399 but $999 or so and without contrat). He also suggested to resellers to unlock the iPhone. The new sentence, only permits T-mobile to keep its monopole.
Now the European commission can always edict a new directive in the frame on unfair competition for the other operators... Wait and see.

[Nick A @ Dec 4th 2007 1:45PM]

Digg it! -- http://digg.com/apple/German_court_says_T_Mobile_can_sell_iPhone_exclusively_2