As we’ve reported earlier this month, german T-Mobile sues german Sigpate. T-Mobile argued Sipgate encourages T-Mobile iPhone customers to break contracts when jailbreaking their iPhones in order to install Sipgate’s VoIP client.

Now Sipgate struck back. Sipgate argued, T-Mobile in Germany advertises unlimited use of Internet, but in reality limits the use to a certain amount of MBytes and certain applications only. T-Mobile for example explicitly permits use of VoIP clients, Instant Messenger apps and VPN clients (although being pre-installed) on their iPhones. In contrast to their advertisements T-Mobile in fact does not offer unlimited Internet access.

The Hamburg District Court (AZ 315 O 360/08) now ruled in favour of Sipgate. T-Mobile is disallowed to use the term unlimited internet access in their advertisements any more. In case of violation of this court’s rule T-Mobile will need to pay 250,000€ fine.