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Tue, 03 Nov 2009 Orange iPhone users likely to face Spotify, Facebook ban

Orange's T&C's points to ban on host of internet services

Lexton Snol PC Advisor


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The rumble of discontent over new iPhone carrier Orange's rather limited "unlimited" data download restrictions rumbles on with news that data-rich applications such as Spotify and Facebook may be restricted.

Yesterday Orange was blasted by potential customers, including those posting comments on Macworld, for limiting its "unlimited" data to just 750MB.

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Now it appears that Orange - unlike currently UK-exclusive Apple iPhone carrier O2 - will also effectively ban its iPhone customers from a host of internet services when it starts selling the iPhone from November 10.

Rory Cellan-Jones, the BBC's technology correspondent, was pointed to this clause in Orange's Terms and Conditions:

"Not to be used for other activities (eg using your handset as a modem, non-Orange internet based streaming services, voice or video over the internet, instant messaging, peer to peer file sharing, non-Orange internet based video). Should such use be detected notice may be given and Network protection controls applied to all services which Orange does not believe constitutes mobile browsing."

In his BBC blog today Cellan-Jones suggests that "it sounds as though services like Spotify, AudioBoo, Ustream and even Facebook messaging - increasingly popular with O2 iPhone customers - will be out of bounds for Orange users."

"If too many power users start streaming TV and playing online games on their phones, the Orange network may buckle under the strain - hence the need for a fair usage limit," explains the BBC man.

In contrast O2's fair usage terms state: "We reserve the right... to contact customers about their usage if we believe it adversely affects the service of our other customers, eg if a customer uses their SIM in another device for which it is not intended."

An Orange spokesman told Cellan-Jones yesterday that the cap would be "reviewed" to make sure that it was at the right level.

Cellan-Jones sees Orange as "caught between a rock and a hard place": "The problem for the operators is that users no longer see the iPhone and similar devices as phones but as small computers. And who wants to be told 25 days into each month that they must now stop playing around with their computer and just use it to make calls?

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Comments received


John B said on Tue, 03 Nov 2009

Well then - Orange can count on me NOT purchasing a contract from them. Do they do this with any other Phone that uses the Internet?

Neil P said on Tue, 03 Nov 2009

O2 Must be laughing ear to ear with all this bad news from orange,its a No contract from me orange!!!!

Rob Sammons said on Tue, 03 Nov 2009

if anyone bothered to look at o2's t&c's you'd find the exact same thing even apples own app for youtube breaks the streaming video rule. no one checks

Jovin said on Tue, 03 Nov 2009

I always felt that a price-war was unlikely but maybe a new battlefront's just opened up - a service-war?

Orange have just handed O2 a major PR coup because O2 now look like they're far more willing to work with their customers and offer them a reasonable service. Orange apparently just want to squeeze every last drop of revenue out of them while offering the minimum service they can.

Seems the real battlefront is buried in those T&C's that none of us ever read before signing the contracts - and maybe that's not a bad thing?

Shaun said on Tue, 03 Nov 2009

Prices won't change until you've got the iPhone on a really disruptive carrier like 3 (free Spotify premium, free Skype, free MSN etc) or even t-Mobile.

The big three carriers will continue to operate a cartel with almost identical prices.

Kadoogan said on Tue, 03 Nov 2009

I have always thought that companies should never get away with advertising something as 'unlimited' when it clearly isn't. It is simply false advertising, which is against the law.

Jacqui said on Tue, 03 Nov 2009

@Rob, exactly right.. Orange has pretty much the same T&C as O2 when it comes to data usage, it just happens to specifically include Instant Messaging. So why aren't customers rushing to shout-out O2 as well?

O2 faced 'unlimited' usage problems when they first released the iPhone too, but they too re-thought that idea with customer pressure.

Hopefully, Orange will do the same and I can upgrade my Orange phone to an iPhone as I intended.

Jacqui said on Tue, 03 Nov 2009

@Rob, exactly right.. Orange has pretty much the same T&C as O2 when it comes to data usage, it just happens to specifically include Instant Messaging. So why aren't customers rushing to shout-out O2 as well?

O2 faced 'unlimited' usage problems when they first released the iPhone too, but they too re-thought that idea with customer pressure.

Hopefully, Orange will do the same and I can upgrade my Orange phone to an iPhone as I intended.

Jacqui said on Tue, 03 Nov 2009

@Rob, exactly right.. Orange has pretty much the same T&C as O2 when it comes to data usage, it just happens to specifically include Instant Messaging. So why aren't customers rushing to shout-out O2 as well?

O2 faced 'unlimited' usage problems when they first released the iPhone too, but they too re-thought that idea with customer pressure.

Hopefully, Orange will do the same and I can upgrade my Orange phone to an iPhone as I intended.

Ry said on Wed, 04 Nov 2009

The fair usage pol. with o2 is 10GB, i go over it occasionaly, but never recieved a warning!

muddy said on Wed, 04 Nov 2009

As an Orange customer of 10 years i am now contemplating going to 02.

muddy said on Wed, 04 Nov 2009

As an Orange customer of 10 years i am now contemplating going to 02.

muddy said on Wed, 04 Nov 2009

As an Orange customer of 10 years i am now contemplating going to 02.

muddy said on Wed, 04 Nov 2009

As an Orange customer of 10 years i am now contemplating going to 02.

Steven said on Mon, 09 Nov 2009

Orange are the worst company I have ever had the displeasure of dealing with. I was stuck without a phone with Orange for 3 months whilst trying to deal with buying a house, I missed so many important phone calls and Orange couldn't have cared less. In the end Orange admitted it was their fault and refunded money etc but the point is why did it take them 3 months to come to this conclusion. I'm with O2 now and couldn't be happier.

Chris Simpson said on Tue, 10 Nov 2009

Orange has been in touch to clarify their iPhone terms and conditions. Here's the company's statement:

"We do recognise that iPhone customers will use popular streaming services such as YouTube, Spotify etc. As a result we do not intend to apply network protection controls to anyone, as long as they are within their usage allowance. The T&Cs are in place to reserve the right to restrict access should they continue to exceed our Fair Usage policy, and our other Mobile data users suffer a reduced data experience as a result."

Neil said on Tue, 17 Nov 2009

When I signed the contract for my O2 iphone nearly 18 months ago the small print said that my 'unlimited' data had a fair use policy in place (standard practice) and that the limit as 200MB per month. I phoned O2 to query it and was informed that it was a blanket O2 policy but that they would be 'much more lenient' with iPhone customers. I would imagine Orange will take the same aproach...

Russell said on Tue, 01 Dec 2009

I received my Orange iphone last week and can I just say the majority of opinions on the deals are all wrong.
750mb guideline for 3g, plus 750mb guideline for wi-fi, if you persistenly exceed it then you will be asked to curb it, no hidden charges etc.. it is only to keep the 3g traffic down, my 3g is twice as quick as friends using O2, I have facebook, ebay, app's etc, and youtube is preloaded on the orange handset! There is no such LIMIT it is just a guideline to stop people taking the pee and slowing the network down! TEAM ORANGE lol!

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