LinuxQuestions.org
Review your favorite Linux distribution.
Go Back   LinuxQuestions.org > Forums > Non-*NIX Forums > General
User Name
Password
General This forum is for non-technical general discussion which can include both Linux and non-Linux topics. Have fun!

Notices

Reply
 
Search this Thread
Old 01-25-2013, 09:39 AM   #1
H_TeXMeX_H
Guru
 
Registered: Oct 2005
Location: $RANDOM
Distribution: slackware64
Posts: 12,928
Blog Entries: 2

Rep: Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269
Unlocking New Mobile Phones Becomes Illegal In the US


http://yro.slashdot.org/story/13/01/...he-us-tomorrow

Quote:
'In October 2012, the Librarian of Congress, who determines exemptions to a strict anti-hacking law called the Digital Millennium Copyright Act (DMCA), decided that unlocking mobile phones would no longer be allowed. But the library provided a 90-day window during which people could still buy a phone and unlock it. That window closes on January 26.' While this doesn't apply to phones purchased before the window closes, this means that after 1/26/13, for any new mobile phone you purchase, you'll have to fulfill your contract, or break the law to unlock it."
 
Old 01-25-2013, 01:52 PM   #2
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
Okay...but, unlocking a phone opens up some security risks...so...
Just out of cat-killing-curiosity, just what would you accomplish with an unlocked phone? You want a mobile device completely to your needs, is'nt a laptop or netbook more suited to the task?
Hey, it's friday nite here, so forgive me if I miss the point

Thor
 
Old 01-25-2013, 02:21 PM   #3
jefro
Guru
 
Registered: Mar 2008
Posts: 11,731

Rep: Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445Reputation: 1445
I believe the point is that there is a question of ownership versus DCMA.

In common sense, you buy a phone. You should have the ability to do with it as you wish. Not unlike putting different tires on a car.

What is being said is that you may no longer have the ability legally to crack or hack into your phone.


Since I wouldn't waste my money on a phone I don't care. Many people may care if they wish to change carriers or OS or what not.
 
Old 01-25-2013, 02:28 PM   #4
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
Yeah...okay...but, if you (okay, I live in belgium, rules and mileage may vary ) put a way too strong engine in a medium car, dont you endanger your life? So, okay, you hack into your phone, the next bit is keeping that fact to your self. You may be owner of the phone, but not the provider's network...a network you could potientially endanger with a hacked phone...
In escence, nobody gives a w*nk if you hack (and potentially destroy) a perfectly good phone, it's the purpose they worry about...
 
Old 01-25-2013, 02:55 PM   #5
ntubski
Senior Member
 
Registered: Nov 2005
Distribution: Debian
Posts: 2,494

Rep: Reputation: 850Reputation: 850Reputation: 850Reputation: 850Reputation: 850Reputation: 850Reputation: 850
Quote:
Unlocking a phone frees it from restrictions that keep the device from working on more than one carrier's network, allowing it run on other networks that use the same wireless standard. This can be useful to international travellers who need their phones to work on different networks. Other people just like the freedom of being able to switch carriers as they please.

...

(Note that unlocking is different from "jailbreaking," which opens the phone up for running additional software and remains legal for smartphones.)

http://www.technewsdaily.com/16514-u...s-illegal.html
@Thor_2.0: I think you're talking about jailbreaking.
 
Old 01-25-2013, 03:42 PM   #6
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
Quote:
software and remains legal for smartphones
In fact...yeah, I did, just did'nt want to use the word as such..., but this quote does raise a point...I think he operators simply are not ready for this kind of roaming around...
 
Old 01-25-2013, 03:56 PM   #7
nobuntu
Member
 
Registered: Mar 2012
Distribution: Debian for server, CrunchBang for everything that's not a server
Posts: 143

Rep: Reputation: 24
Quote:
Originally Posted by jefro View Post
you buy a phone. You should have the ability to do with it as you wish. Not unlike putting different tires on a car.
Yup.
 
Old 01-26-2013, 04:50 AM   #8
H_TeXMeX_H
Guru
 
Registered: Oct 2005
Location: $RANDOM
Distribution: slackware64
Posts: 12,928
Blog Entries: 2

Original Poster
Rep: Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269
For jailbreaking mobile devices, see:
https://www.eff.org/cases/2012-dmca-rulemaking

It is still legal to jailbreak smartphones, but other mobile devices are not listed as being legal to jailbreak...
 
Old 01-26-2013, 05:11 AM   #9
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
Quote:
It is still legal to jailbreak smartphones, but other mobile devices are not listed as being legal to jailbreak...
I dont think the actual jailbreaking in itself is the worry of the lawmakers here, more the jailbreaking as a means to illegal activities. If you own a car that can go fast, it's still illegal to break the speed limit. Of course, this law is similar to outlawing power cars...

Besides:

Quote:
Unlocking a phone frees it from restrictions that keep the device from working on more than one carrier's network
...that's not really an issue here in the eu...if I travel to an other country, I switch operator automacally, agreements are in place that my calls on the other network are charged back to me via my local operator...and as Internet goes, well, there's enough free WIFI spots to do that, hey, some even leave their wireless open for the neighbours...
 
Old 01-26-2013, 11:44 AM   #10
DavidMcCann
Senior Member
 
Registered: Jul 2006
Location: London
Distribution: CentOS, Salix
Posts: 3,127

Rep: Reputation: 793Reputation: 793Reputation: 793Reputation: 793Reputation: 793Reputation: 793Reputation: 793
A quick look at Wikipedia suggests that the USA is the only country where you don't have the right to unlock a mobile phone. I'm not surprised. It also seems that most countries give you the right to demand the supplier unlock it when the initial contract is over. The UK doesn't, but that's no surprise either.
 
Old 01-26-2013, 12:43 PM   #11
H_TeXMeX_H
Guru
 
Registered: Oct 2005
Location: $RANDOM
Distribution: slackware64
Posts: 12,928
Blog Entries: 2

Original Poster
Rep: Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269
It's what we call "freedom". Remember, freedom isn't free(dom).
 
Old 01-26-2013, 01:37 PM   #12
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
The higher the individual freedom, the less control...the more fear of loss of control, the more control is enforced. It all shows the level of strength of an authority, really...
 
Old 01-27-2013, 10:21 AM   #13
H_TeXMeX_H
Guru
 
Registered: Oct 2005
Location: $RANDOM
Distribution: slackware64
Posts: 12,928
Blog Entries: 2

Original Poster
Rep: Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269
Now there's this article that says unlocking smartphones is illegal too:
http://www.digitaltrends.com/mobile/...-need-to-know/

What should I believe ?
 
Old 01-27-2013, 10:54 AM   #14
Thor_2.0
Senior Member
 
Registered: Nov 2007
Location: Somewhere on my hard drive...
Distribution: Manjaro
Posts: 2,217
Blog Entries: 23

Rep: Reputation: 279Reputation: 279Reputation: 279
Quote:
software that is copyrighted and owned by your carrier
...is "carrier" here the maker of the phone or the network provider? In the prior, that could be true, you buy the phone (the hardware, that is) and get a licence to use the software on the phone...you never become owner of the software...in the latter, that's debatable...the network provider does not own the software on the phone...IMHO...

..of course, that's what it says in the article further down...

Quote:
that we cell phone owners do not actually “own” the software running our phones. Instead, we are only “licensing” this software – a key difference – which means that we don’t have a right to alter that software
Then again, it seems unlocked phones are for sale anyway...
 
Old 01-27-2013, 11:37 AM   #15
H_TeXMeX_H
Guru
 
Registered: Oct 2005
Location: $RANDOM
Distribution: slackware64
Posts: 12,928
Blog Entries: 2

Original Poster
Rep: Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269Reputation: 1269
Pages 15-16 are most relevant:
http://www.scribd.com/doc/111227035/DMCA-Rules-2012

As a summary:
1) It is legal to jailbreak (modify the firmware of) smartphones. p. 15
2) "tablet" is too ambiguous, and so the DMCA exemption does NOT apply to tablets. i.e. It is illegal to jailbreak tablets. p. 15-16
3) It is illegal to unlock (ability to connect to alternative networks) new mobile phones. p. 16

From this I get that it is illegal to jailbreak tablets ! Is it true ? Can a lawyer confirm it ?
 
  


Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
linux on mobile phones mobilemonkey Linux - Laptop and Netbook 1 06-13-2007 05:29 PM
LXer: A la Mobile's Complete Linux System Platform for Mobile Phones LXer Syndicated Linux News 0 06-20-2006 06:03 AM
What mobile phones do you use? Mikessu Linux - Laptop and Netbook 4 06-16-2005 05:12 PM
Charlotte Church's mobile phone Oops! Topless photo jumps through mobile phones in UK furfurdemon666 General 3 05-03-2005 08:03 AM
Linux and Mobile Phones naimslim89 Linux - Hardware 6 03-30-2005 04:33 PM


All times are GMT -5. The time now is 06:25 AM.

Main Menu
My LQ
Write for LQ
LinuxQuestions.org is looking for people interested in writing Editorials, Articles, Reviews, and more. If you'd like to contribute content, let us know.
Main Menu
Syndicate
RSS1  Latest Threads
RSS1  LQ News
Twitter: @linuxquestions
identi.ca: @linuxquestions
Facebook: linuxquestions Google+: linuxquestions
Open Source Consulting | Domain Registration