Sim Cards
in [UK Mobile]
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From: Gareth on 25 Feb 2005 07:38 "Ivor Jones" <ivor(a)despammed.invalid> wrote in message news:388j42F5kokfpU1(a)individual.net... > Gareth wrote: >> "Brian Morrison" <scrapspam(a)fenrir.org.uk> wrote in message >> news:z_6dncyFTr2MbYPfRVnyvw(a)eclipse.net.uk... >>> Gareth wrote: >>> >>>> It's worse than that. The chances are your auctions will be >>>> pulled as a result of complaints from the mobile networks who >>>> object to the resale of SIM cards (which they oddly regard as >>>> being their property despite private ownership). >>> >>> And they'd be right, the SIM card is the property of the network >>> operator because the Ts&Cs explicitly state that as a condition of >>> use. >> >> Bollocks. >> >> The SIM card is in private ownership and the T&Cs are a separate >> issue of private disagreement between the seller and the network. > > It's not bollocks at all. It is *clearly* stated in the T&C's that *you* > sign and *agree to* when you take out a contract or buy a PAYG phone. > > You have agreed to it, therefore it is not bollocks. > > The fact that you don't like it is irrelevant. Go and find a network that > does let you own the SIM, I wish you luck, do come back and tell us who it > is..! You own the SIM card and this is irrespective of the T&C contract. If someone steals the SIM card from you they are committing the offence of theft (against you and not against the network). There is a separate issue of the T&C as a contract enforceable or not through private law proceedings if the network/service provider wishes. I am not aware of a single case where court action has been initiated against a private seller of SIM cards. There's a reason for this: the T&C is unenforceable bollocks in so far as the network would lose huge sums of money bringing a court action on a case by case basis for a few pounds profit. Gareth.
From: Gareth on 25 Feb 2005 07:45 "Hiram Hackenbacker" <"dcolledge"@interquad.com> wrote in message news:1109330784.82233.0(a)doris.uk.clara.net... > Gareth wrote: > >>>>It's worse than that. The chances are your auctions will be pulled as a >>>>result of complaints from the mobile networks who object to the resale >>>>of SIM cards (which they oddly regard as being their property despite >>>>private ownership). >>> >>>And they'd be right, the SIM card is the property of the network operator >>>because the Ts&Cs explicitly state that as a condition of use. >> >> >> Bollocks. >> >> The SIM card is in private ownership and the T&Cs are a separate issue of >> private disagreement between the seller and the network. >> >> If the networks want to enforce their silly T&Cs then they should be >> forced to do so through the courts and not through half baked legal >> threats to Ebay. > > Well for 40+ years credit card companies have treated their cards in the > same way - i.e. - they remain their property. You would think the law > would have caught up with this sharp practice and you could use that case > precedent to own your own SIM :-) You do own the physical SIM in the same way as you own the physical plastic of the credit card. You do not own the service the credit card opens up for you and this is provided by the card company on the basis of a contract regulated by the Consumer Credit Act. If you apply for a credit card with the purpose of reselling it you are probably committing the offence of fraud. I fail to see how, aside from ownership of the plastic card, you are committing an offence by reselling a pre-pay SIM card. The T&C provide a contract and the network has the right to apply to court in an attempt to enforce this contract as a private law matter. Instead of this they prefer to issue heavy handed and unenforceable threats to the Ebay seller (or actually just to Ebay) claiming breach of all sorts of silly things. Gareth.
From: Homer on 25 Feb 2005 07:58 "Jay" <jay(a)somehow.com> wrote in message news:421eeb8f$0$8760$db0fefd9(a)news.zen.co.uk... > Did not realise I could not post my ebay items. But you must have known, you did read the terms & conditions you accepted when you signed up to eBay didn't you? http://pages.ebay.co.uk/help/newtoebay/usenet-policy.html
From: Mike on 25 Feb 2005 08:41 Jay wrote: > 20 x Brand new 02 Sim Cards - > http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=6371069866&ssPageName=STRK:MESE:IT > > > 4 x Brand new Orange Sim Cards - > http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=6371072420&ssPageName=STRK:MESE:IT > > Come on now, Orange were offering these for FREE last month. I know, I got 2. O2 are also FREE. -- See what I am selling (if you have nothing better to do that is!!!): http://stores.ebay.co.uk/Smarter-org-uk Ebooks (Casino, Fruit machine), Computer software and Hardware, PS2 Games, Cosmetics. Thanks
From: Marc on 25 Feb 2005 08:57
Brax wrote: > "Brax" <me(a)privacy.net> wrote in message > news:3887ujF5mefumU1(a)individual.net... > >>"Jay" <jay(a)somehow.com> wrote in message >>news:421ee859$0$32611$db0fefd9(a)news.zen.co.uk... >> >>Advertising is forbidden. Sod Off > > in uk.telecom.mobile > > try alt.spam -- Marc See http://www.imarc.co.uk/ for contact details. |