Ramblings of an old Doc

 

 

Every three years, the Copyright Office reviews the rules for unlocking and jailbreaking your phone as part of the review of rules that the DMCA mandates.

This time they determined that there were enough unlocked phones for sale, and therefore unlocking your own without the permission of your carrier would be illegal.

Proponents of unlocking argued that “some devices sold by carriers are permanently locked and because unlocking policies contain restrictions and may not apply to all of a carrier's devices."

The Copyright Office wasn’t buying: "with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."

They did (on Oct. 28th of 20120) give consumers a 90 day period to unlock their phones without permission. They upheld the ruling that jailbreaking (running unauthorized apps) would still be legal, although it could certainly void your warranty (iPhone is the main phone affected by jailbreaking).

The jailbreaking rule was not extended for tablets because the proposed definition for a tablet was too broad.

You can sign a petition to ask the Copyright Office to reverse its decision based on the argument that “the resale value will be reduced while they have already been been purchased by the user, will force exorbitant roaming fees and reduce consumer choice.”

The petition has about 7,000 signatures but needs another 93,000 by Feb. 23rd in order to receive a formal White House response.

Source:

http://www.pcmag.com/article2/0,2817,2414699,00.asp


Comments (Page 2)
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on Jan 26, 2013

I wonder how many signatures they have now. Last I saw a petition needs 250,000 of 'em to even be considered by the White House. I doubt very much it'll even get that many.

84K so far.

on Jan 26, 2013

The purchase price of the phone is subsidised/included in the provider's contract.  The locking of the phone ensures they are thus paid for it.

OK, so it 'should' be allowed to unlock a phone AFTER the completion of the contract, but any time before MUST be deemed illegal.

You can always do what I did...buy an unlocked phone outright for $600-odd and do whatever you please with it.  THEN you can legally stick it up your arse or whatever....

When you buy 'stuff' some of it has restrictions on its use.  You CANNOT do whatever you like with it....

on Jan 26, 2013

When you buy 'stuff' some of it has restrictions on its use. You CANNOT do whatever you like with it....

I'm going to have to disagree with that one Jafo. Once you pay money for something it becomes yours.

on Jan 26, 2013

The purchase price of the phone is subsidised/included in the provider's contract.  The locking of the phone ensures they are thus paid for it.

OK, so it 'should' be allowed to unlock a phone AFTER the completion of the contract, but any time before MUST be deemed illegal.

You can always do what I did...buy an unlocked phone outright for $600-odd and do whatever you please with it.  THEN you can legally stick it up your arse or whatever....

When you buy 'stuff' some of it has restrictions on its use.  You CANNOT do whatever you like with it....

100% correct.

kona0197
Once you pay money for something it becomes yours.

Nope. Not until you fulfill all the purchase contract terms. Until then, it isn't. Please don't argue. It's the law, not what you might think the law "should" be.

"The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use."

That's a fairly simple definition but it covers the matter fairly well.

on Jan 26, 2013

Doc....don't blind Kona with Latin....you can often get the same results with English....

on Jan 26, 2013

DrJBHL
Nope. Not until you fulfill all the purchase contract terms. Until then, it isn't. Please don't argue. It's the law, not what you might think the law "should" be.

Is this not a debate? Are we not allowed anymore to state our opinions? I'm kinda confused here.

As far as this issue is concerned I think once you buy the phone it's yours to do with as you please. Good luck enforcing that law when we have bigger problems to deal with.

on Jan 26, 2013

kona0197
As far as this issue is concerned I think once you buy the phone it's yours to do with as you please.

Yes....within reason you can do what you like with it...if you BUY it.

Contracted phones from a Telco are NOT 'bought'.  At best they are LEASED.

Good luck explaining to the rental company you may have for your fridge when you tell them you didn't like the colour so you chucked it out the window....

on Jan 26, 2013

My insurance company didn't believe a fridge "fell" on my car. Now i have proof.

on Jan 26, 2013

I can understand the reason behind this. And it should be illegal.

 

Although, I did jailbreak an iPhone so I could skin it.....

 

I no longer have it. I now own a smartphone, that I paid full cost for, that lets me skin it, so I have no need to jailbreak it.

on Jan 26, 2013

Oh, sorry about the vid....couldn't help myself. 

on Jan 26, 2013

 

Couldn't have said it better Jafo, Doc....

 

kona, it has nothing to do with ownership, but everything to do with usage terms.  I fail to understand the logic that if you pay for something it inherently becomes yours with no limitations (sometimes we pay for a service do we not?).  What you pay for in a cell-contract is the usage under their terms.  Again, unless you are buying the phone outright, this is a no-contest.  Unless ownership is explicitly defined and stated in a purchasers agreement I don't see how it is relevant that you 'think' it should be yours to do with as you please. 

on Jan 26, 2013

Except if you default on the service contact they let you keep the phones and don't really care what you do with them.

on Jan 27, 2013

Doc....don't blind Kona with Latin....you can often get the same results with English....

True, but it's a quote... 

actus reus = "bad act" or "evil act".

mens rea = "bad/evil mind set or intent."

kona0197
Is this not a debate? Are we not allowed anymore to state our opinions? I'm kinda confused here.

No... the OP was a statement of fact to warn folks, and prevent problems for them that might occur from ignorance of the change in the status quo.

You are always entitled to your "opinion" or your interpretation as long as you make clear that it is just that.

Debating a fact by denying it or the fact of law/regulation would entail an explanation on your part as to why you believe your interpretation is the correct/more correct one. 

Contracted phones from a Telco are NOT 'bought'.  At best they are LEASED.

Precisely. Just as with a rented property. If you make one sided changes, and the owner doesn't like them, guess who has to pay to undo your changes: You.

 

on Jan 27, 2013

DrJBHL
Quoting Jafo,
reply 23
Contracted phones from a Telco are NOT 'bought'. At best they are LEASED.

Precisely. Just as with a rented property. If you make one sided changes, and the owner doesn't like them, guess who has to pay to undo your changes: You.

Looked at the paperwork and it stipulates that Shaunna and I will own our phones when the contract expires, so until then we are tied to the service provider, not that it's a problem to either of us. Our current plan is quite generous and the service and coverage is good, so we have no complaints. However, I would like to unlock mine at contract's end so that I can retain my plan should I so choose, but also be able insert a PAYG SIM card with the telco most family and friends use to take advantage [for them and me] of the free evening chat times between users of the same network.  While I/we can call them without charge the same is not true for them... and I really don't want to have to use the POS I had before to keep that option open, it's jut too unresponsive and difficult to use.

on Jan 27, 2013

starkers
Looked at the paperwork and it stipulates that Shaunna and I will own our phones when the contract expires,

Yes, that's the way it generally works...

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