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LegalNotes » History » Version 15

laforge, 02/21/2016 02:33 PM

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h1. Legal Notes
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h2. Licensed GSM Spectrum
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GSM operates in *licensed frequency spectrum*, i.e. the license to operate equipment on the GSM bands is granted (typically sold/auctioned) to commercial entities.
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This is _very different_ from technologies like Bluetooth or WiFi operating in the 2.4GHz unlicensed ISM band.
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As a result, you cannot operate any GSM RF equipment (like the [[openbsc:BS11|BS-11]] or any other BTS) unless you have obtained
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a proper license from the regulatory authority in your country.  Accomplishing to operate a BTS without having such a license is subject to punishment according to the respective laws in your country.
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Apart from the legal aspects, there also are practical aspects.  If you operate on a channel (ARFCN) that is already used by a GSM operator,
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you will likely create interference with the production network.  *Please don't do this!* It is illegal and disruptive, and not
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related to what this project is trying to achieve.
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Interfering with a public telecommunications network, intentionally or unintentionally, is a crime in most countries and punishable under applicable law!
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h3. Regulatory authorities for GSM licensing
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* Austria http://www.rtr.at
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* Belgium http://ibpt.be/
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For testing, the authorization category 1b and 6 are relevant. The GSM900 band is fully licensed to commercial operators, so only ARFCN in the 1800 band will be allocated.
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* Germany: http://www.bundesnetzagentur.de/
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* Netherlands: http://www.agentschap-telecom.nl/
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* Sweden: http://www.pts.se/en-gb/
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* Switzerland: http://www.bakom.admin.ch/
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* United Kingdom: http://www.ofcom.org.uk/
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h2. GSM Related Patents
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Osmocom software is Open Source software for research purpose, not a product that is used commercially.  The development is done by volunteers who want to learn more about GSM and who want to encourage others to experiment with it.
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As such, Osmocom software does not come with patent licenses of any sort.  It is well known that mobile telephony and GSM specifically is a patent minefield.  Some of those patents relating to voice codecs and the Um air interface are already licensed by the BTS manufacturer.  Other patents might apply directly to what [[OpenBSC:]] or other Osmocom projects are doing.
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If you are using Osmocom software in a commercial setting, it is your responsibility to properly license all applicable patents from their respective holders.  The ETSI maintains a list of _essential patents_ that apply to GSM.
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