All Things Digital

AT&T (T) does intend to offer a no-contract-required option for Apple’s (AAPL) new iPhone 3G. It just doesn’t know when–yet.

In an announcement reaffirming the device’s pricing (from $199 for 8GB to $299 for 16GB to eligible customers), AT&T said it will sell the iPhone 3G without a contract for $599 (8GB) or $699 (16GB). When? “In the future.”

AT&T will begin peddling the iPhone 3G at its retail stores beginning July 11 at 8 a.m. local time, along with bundled voice and unlimited data plans ranging from $69.99 to $129.99 a month. The company’s posted a handy 3G coverage viewer here. If you’re not quite sure how to find an AT&T store, wait in line, and make a consumer electronics purchase, AT&T has a helpful list of “How to Get iReady” tips for you and some instructional videos as well …

The number of iPhones bought with the intention of unlocking was significant in the quarter, but we are unsure how to reliably estimate the number. We are unsure when all the recipients will activate.”

–Apple Chief Operating Officer Timothy Cook, Jan. 22

So those “missing” iPhones? They’re not missing at all. They’re unlocked. That’s the opinion of a number of analysts who this week are looking askance at Bernstein Research analyst Toni Sacconaghi’s claim that about 1.45 million phones were “missing in action” at the end of 2007–built but not subscribed to AT&T.

“Some unknown number of iPhones are being unlocked by purchasers and some, probably a larger number, are being unlocked for resale,” said Ezra Gottheil, an analyst at Technology Business Research Inc. “Some are in inventory. Some will be returned. And some are being used for the nonphone features, as iPhone Touches, until the owners can change their wireless contracts. We don’t know the proportions.”

Piper Jaffray analyst Gene Munster offered a similar theory, noting that his recent check of Apple’s retail stores found a significant percentage of consumers to be purchasing multiple iPhones. “The majority of the people who were buying more than one phone were Asian, and they were bringing small buses of people who all buy more than one phone,” he told the New York Times. “With the value of the dollar, the cost of the phone is much less here.”

And Munster’s contention would seem to be borne out by anecdotal reports from abroad. “In my travels around the world, two out of three iPhones I’ve seen outside of the U.S. have been unlocked,” Richard Doherty, director at consultant Envisioneering Group, told BusinessWeek. “In China, nine out of 10 phones are hacked.”

T-Mobile’s $1,478 defeatured iPhone has been taken off the market as quickly as it arrived. A German court today dismissed an injunction won by Vodafone that had barred it from selling the iPhone only with a 24-month contract and a SIM lock that prevents users from switching to another wireless carrier.

T-Mobile met the news with a sigh of relief and promptly stopped selling the phone for 999 euros ($1,500) without a contract. Not that they were flying off the shelves at that price, although according to T-Mobile spokesperson Klaus Czerwinski, quite a few were sold. “It was hard to understand how somebody could buy it for that price,” he told ZDNet UK. “At the beginning I thought hardly any would be sold. It was a very expensive adventure.”

The clever folks at Deutsche Telekom’s T-Mobile unit have figured out a way to comply with a court order prohibiting the sales of iPhones tethered to its network, and still remain the exclusive German carrier of the device: sell the iPhone without a T-Mobile contract at a wallet-shriveling price.

And so this morning, the company began offering prospective iPhone buyers a choice: purchase the device with a two-year T-Mobile service contract for 399 euros ($591) or without a contract for 999 euros ($1,478). And if for some reason you choose the latter, don’t expect your iPhone to be fully functional, because some iPhone services are only available with a T-Mobile subscription. Now which version of the device was it that you were interested in?

Analysts say that the arrival of an unlocked iPhone in the German market will likely signal the end of Apple’s exclusive deals with carriers, though that seems questionable given the unlocked phone’s dizzying price point and hamstrung feature set. Certainly, T-Mobile doesn’t seem too worried. “We have no doubt that the success story of the iPhone from Apple in Germany and T-Mobile will be updated,” T-Mobile Managing Director Philipp Humm said in a poorly translated press release. “The distribution model is correct, only because our customers will benefit from exclusive features and custom tariffs. The proper function of the iPhone in our network was tested for months, only T-Mobile offers data transmission standard EDGE nationwide, which the iPhone for fast Internet communications. No other mobile operator offers more WLAN-HotSpots as T-Mobile. I would like to assure our customers that T-Mobile as exclusive distribution partner of the iPhone continue to be the best package of network quality, service and competitive prices.”

Mediated contract negotiations between the Writers Guild of America and Hollywood producers broke off last night setting the stage for a writers’ strike that could leave sitcoms without scripts, late-night shows without topical monologues and television viewers with an even more limited choice of broadcast dross than they have now (”America’s Next Top Model,” “Dancing With the Stars” and “Farmer Wants a Wife” on the CW! How will I ever decide?)

Seems writers and producers still can’t agree on pay schedules for content distributed on the Internet and via other digital media. Or rather, the Alliance of Motion Picture & Television Producers is a bit too attached to the lousy DVD deal it convinced the writers to agree to 20 years ago, which gives writers, directors and actors a combined 20 cents for each DVD sale–30 cents less than the sum given to manufacturers of DVD packaging material.

“The companies refused to continue to bargain unless we agree that the hated DVD formula be extended to Internet downloads,” the guild said in a statement. “[W]e presented the AMPTP with a comprehensive package of proposals that included movement on DVDs, new media, and jurisdictional issues. We also took nine proposals off the table. The companies returned six hours later and said they would not respond to our package until we capitulated to their Internet demand. After three and a half months of bargaining, the AMPTP still has not responded to a single one of our important proposals.”

Too bad for the writers then. Because AMPTP president Nick Counter says increasing the DVD formula (a huge money-maker for the studios) is a nonstarter. “We want to make a deal,” he told WGA negotiators. “We think doing so is in your best interests, in your members’ best interests, in the best interests of our companies and in the best interests of the industry. But, as I said, no further movement is possible to close the gap between us so long as your DVD proposal remains on the table.”

Way to extend that desiccated olive branch, Nick. As John Scott Lewinski notes over at Wired, the producers offering to settle if the Guild drops all that is like the Galactic Empire telling Luke Skywalker, “OK, we’ll surrender … but only if we get to keep the Death Star.”