Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: Ralfe Poisson on Feb 19th, 2006, 2:15am)

Title: unconsented destruction of data
Post by Ralfe Poisson on Feb 19th, 2006, 2:15am
Hi all,

I'm not sure if this even classifies as intellectual property, but I would like to know how a mobile repair shop can expect to get away with deleting all my messages, contacts and photos off of my phone without my concent? What happend was, that the 1, 2 and 3 number keys on the phone's keypad were unresponsive. Because my pin code uses those keys, I was unable to get into my phone. I sent it in for repair, and when I got it back, all my contacts, messages and photos that were on my phone (and no where else) had been removed! Now, I am not a lawyer, but it seems that what they did was mess with data (intellectual property), which was owned by myself without getting my consent.

Am I missing something here, or am I being messed with?

Regards,
Ralfe

Title: Re: unconsented destruction of data
Post by JimIvey on Mar 2nd, 2006, 2:59pm
I'll just respond by saying I have no idea.  I'm guessing that it matters whether fixing your phone required some sort of memory reset or whether they just felt like deleting everything and didn't feel like asking you.  Sometimes, fixing something results in loss of data.  In fact, it wouldn't surprise me to see language in your contract with them that they're not responsible for loss of data.  

I doubt that your issue would fall under Intellectual Property.  

Sorry I couldn't be more helpful.



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