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 4)
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on Jan 27, 2013

Or they could just wait here 'til the heat wave's gone... there's ski resorts here in Victoria and New South Wales that compare favourably with many in Europe and the US... Aspen and the like.  It's not something that I'd participate in, however... brittle bones, arthritis and a spinal condition aren't exactly conducive to the sport.  Besides, it's not something I think too many 60 year olds take up to pass away Winter days.

on Jan 27, 2013

not paying the termination fee is serious though. hard to believe such habits will not end up in a database and sooner or later you won't get credit anyware. might even end up in jail if a debt collector chooses to use the justice system.

Not possible. There is no debtors prison here in America. You can't go to jail for owing a debt.As for a database that would keep track of those that default and do not pay their termination fees that already have that. Goes on a credit report and downgrades your credit for 7 years. After that all is well.

 

on Jan 27, 2013

kona0197

Quoting moshi, reply 39not paying the termination fee is serious though. hard to believe such habits will not end up in a database and sooner or later you won't get credit anyware. might even end up in jail if a debt collector chooses to use the justice system.

Not possible. There is no debtors prison here in America. You can't go to jail for owing a debt.As for a database that would keep track of those that default and do not pay their termination fees that already have that. Goes on a credit report and downgrades your credit for 7 years. After that all is well.

 

 

looks like the US is a paradise for parasites then. hope they can at least arrest people for committing fraud, because that's what you are doing if you don't intend to pay the bill anyways.

on Jan 27, 2013

What if the person who at first gets the phone on good credit, has it for 6 months, than loses his job? He has no income so he can't pay the early termination bill. And the phone company still does not want the phone back.

They do investigate fraud here, and it is punishable by law with a fine and jail time but they don't consider not paying a bill to be fraud. It's simply a matter of the unpaid and defaulted bill going to collections. All they can do then is garnish 5 to 10 percent of your wages or submit your debt to the credit reporting companies thereby ruining or having a bad effect on good credit for 7 years.

 

on Jan 27, 2013

I'm sure that if the person demonstrated such a situation, the phone company might even extend credit or come to a compromise... another good reason to keep a good credit rating.

on Jan 27, 2013

You would think the phone companies would help out in that kind of situation. But they don't. It's all about the money to them. They are cold and heartless.

on Jan 27, 2013

It has to do more with people: The one asking and the one responding.

on Jan 28, 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.

But the rules do not differentiate.  Many chose not to go with a contract and pay the full cost up front.  Yet the new rules still make it illegal.  Which means the issue is still - did you buy it or just rent it.  Copyright says you are renting it.

on Jan 28, 2013

Dr Guy
Copyright says you are renting it.

Correct... until you purchase it  and have the "paid in full"... if you can ever understand the legalese in the contract. No such thing as "plain English".

on Jan 28, 2013

Dr Guy
But the rules do not differentiate. Many chose not to go with a contract and pay the full cost up front. Yet the new rules still make it illegal.

I believe full-price phones are unlocked out of the box new.  Phone has to be locked before you can commit the crime of unlocking.

on Jan 28, 2013

DrJBHL

Quoting Dr Guy, reply 53Copyright says you are renting it.

Correct... until you purchase it  and have the "paid in full"... if you can ever understand the legalese in the contract. No such thing as "plain English".

 

How man Drs are on this site?

And where is the one that disagrees?

on Jan 28, 2013

Can't eat no cookies if you don't have any. Food for thought.

 

Well.....its a good analogy lol

 

on Jan 29, 2013

DrJBHL
Correct... until you purchase it and have the "paid in full"... if you can ever understand the legalese in the contract. No such thing as "plain English".

But the ruling does not differentiate.  It merely says that unlocking is illegal.  Indeed, while the LOC said they were "sorry" for the models that are not easily unlocked, and that was what the 90 day window was intended for.

So once again, you are at the mercy of the copyright holder (or their agent).  They do not have to allow you to unlock your phone regardless of whether you buy it outright, or fulfill a contract.

on Jan 29, 2013

I believe full-price phones are unlocked out of the box new. Phone has to be locked before you can commit the crime of unlocking.

Some are.  But the LOC clearly acknowledged that many were not, and that unlocking them was difficult (and now illegal).  They gave you 90 days to address the issue of a fully paid phone being unlocked.

on Jan 29, 2013

Dr Guy
So once again, you are at the mercy of the copyright holder (or their agent).  They do not have to allow you to unlock your phone regardless of whether you buy it outright, or fulfill a contract.

Correct.

Dr Guy
But the LOC clearly acknowledged that many were not, and that unlocking them was difficult (and now illegal).  They gave you 90 days to address the issue of a fully paid phone being unlocked.

Since they are the ones who would create a complaint, very possibly this is a 90 day "grace period" after which they'll come after you. 

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