Currently, nonprofit consumer groups are wasting tens of thousands of dollars every three years for lawyers to argue the case for cellphone unlocking, he said. Justice Department sues Uber over wait-time fees charged to disabled passengers. All Sections. About Us. B2B Publishing. Business Visionaries. Hot Property. Times Events. Times Store. Facebook Twitter Show more sharing options Share Close extra sharing options.
The Copyright Office granted their exemption too - but sharply limited the window to just a few months. First, the good news. The legal shield for jailbreaking and rooting your phone remains up - it'll protect us at least through The shield for unlocking your phone is down, but carriers probably aren't going to start suing customers en masse, RIAA-style. And the Copyright Office's decision, contrary to what some sensational headlines have said, doesn't necessarily make unlocking illegal.
Unlocking is in a legal grey area under the DMCA. The law was supposed to protect creative works, but it's often been misused by electronics makers to block competition and kill markets for used goods. The courts have pushed back , ruling that the DMCA doesn't protect digital locks that keep digital devices from talking to each other when creative work isn't involved.
And no creative work is involved here: Wireless carriers aren't worried about "piracy" of the software on their phones, they're worried about people reselling subsidized phones at a profit. So if the matter ever reached a court, it might well decide that the DMCA does not forbid unlocking a phone. Now, the bad news. More likely, wireless carriers, or even federal prosecutors, will be emboldened to sue not individuals, but rather businesses that unlock and resell phones.
So we're really not free to do as we want with devices that we own. Phones are, of course, the tip of the iceberg of problems the DMCA has created. It kills aftermarkets, interferes with legitimate research, and squelches creativity in new media. The exemptions created by the Copyright Office can be helpful but, as this episode shows, they are too narrow and too brief. They also turn a small, specialized federal office into a sort of Technology Regulation Bureau.
It's absurd that this small group of copyright lawyers and librarians is tasked with making decisions about the future of electronics markets. So what can we do? Creating and defending the next round of exemptions will start in late If lawsuits happen, the courts should recognize that the DMCA is being misused, and refuse to apply it to anti-competitive software locks.
Under the adopted standards, participating providers have agreed to unlock eligible devices, provide you with unlocking instructions, or initiate an unlocking request to the device manufacturer — or provide an easily understood explanation of denial — within two business days of receiving an unlock request.
Participating providers may not charge existing or former customers additional fees to unlock a device if it is eligible to be unlocked. Providers may charge a fee to unlock eligible devices for non-customers and former customers. If you are deployed internationally or receive orders for international deployment, providers must unlock your device upon verification of deployment under the adopted standards. Contact your mobile service provider, provide verification of your deployment, and request that your device s be unlocked.
Providers do not have to unlock devices for existing or former customers that are not in good standing. You should contact your mobile service provider to understand the terms and conditions of your agreement and your provider's unlocking policies.
Device technology varies to ensure it works with compatible networks. Your device technology must be compatible with network technology to enable access and functionality. Technologies differ, so your device will not work across all networks. Also devices are optimized to work with service providers' networks for which they're sold. Although your mobile device may work on a compatible network, certain features on your unlocked phone may not work optimally, and some features may not work at all.
Whether your device is locked or unlocked, you should check with your mobile service provider before you travel internationally to find out if your mobile device will work abroad. Mobile networks differ from country to country, and your device may be incompatible with the networks where you are traveling.
Also, if your phone works for voice calls, some other functions — such as sending and receiving mobile data or text messaging — might not work.
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