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H_TeXMeX_H 01-25-2013 09:39 AM

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."

ButterflyMelissa 01-25-2013 01:52 PM

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

jefro 01-25-2013 02:21 PM

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.

ButterflyMelissa 01-25-2013 02:28 PM

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...

ntubski 01-25-2013 02:55 PM

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.

ButterflyMelissa 01-25-2013 03:42 PM

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...

nobuntu 01-25-2013 03:56 PM

Quote:

Originally Posted by jefro (Post 4877574)
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.

H_TeXMeX_H 01-26-2013 04:50 AM

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...

ButterflyMelissa 01-26-2013 05:11 AM

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... :)

DavidMcCann 01-26-2013 11:44 AM

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.

H_TeXMeX_H 01-26-2013 12:43 PM

It's what we call "freedom". Remember, freedom isn't free(dom).

ButterflyMelissa 01-26-2013 01:37 PM

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...

H_TeXMeX_H 01-27-2013 10:21 AM

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

What should I believe ?

ButterflyMelissa 01-27-2013 10:54 AM

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...

H_TeXMeX_H 01-27-2013 11:37 AM

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 ?

ntubski 01-27-2013 11:55 AM

Quote:

Originally Posted by H_TeXMeX_H (Post 4878490)
Now there's this article that says unlocking smartphones is illegal too:
http://www.digitaltrends.com/mobile/...-need-to-know/

No contradiction here: the article linked (indirectly, via slashdot) in the OP agrees with the article you have found; unlocking is illegal, jailbreaking is legal.

ButterflyMelissa 01-27-2013 11:56 AM

Quote:

3) It is illegal to unlock (ability to connect to alternative networks) new mobile phones. p. 16
Umm, this one confuses me, because my phone does that automatically. Whan I goe to an other country, I switch to the operator my operator has a contrac with...okay, I cannot choose...

Quote:

who is also the owner of the copy of the computerprogram
...this is bizar...is the owner of the phone also the owner of a copy of the software? If so, there's no problem, it's YOUR copy...

We have the same here in belgium...phones that are locked to one "vendor"...you buy a phone (sometimes pretty cheap) and a subscription to the service of that one vendor. It's a package deal. But, you also have "free" phones, be it somewhat more expensive, but you put your sim card of chouce in there, eg choose what operator you want to use with that phone...
I did that, I got me a Samsung mini and kept my current subscription with Proximus, but...I can (not really inclined, Proximus is good :) ) swithc to a different operator...

To me, this seems a law that wants to protect the providers rarther than the consumer, but...I'm not a lawyer... :D

H_TeXMeX_H 01-27-2013 12:17 PM

Quote:

Originally Posted by ntubski (Post 4878517)
No contradiction here: the article linked (indirectly, via slashdot) in the OP agrees with the article you have found; unlocking is illegal, jailbreaking is legal.

Ok that makes sense, but what about the DMCA exemption that I posted. Is jailbreaking tablets illegal like it seems to say ?

NyteOwl 01-27-2013 12:57 PM

Quote:

Originally Posted by Thor_2.0 (Post 4878519)
To me, this seems a law that wants to protect the providers rarther than the consumer, but...I'm not a lawyer... :D

Of course. The DMCA was created to "protect" organizations liek teh MPAA and RIAA and related organizations and their corporate partners/members. This is just more of the same.

Anyone that thinks this is bad has never seen just how locked down some providers in Canada keep their phones.

corbintechboy 01-31-2013 12:04 AM

Just wanted to add something here, surely a result of the law.

I have an android phone I purchased not to long ago on contract. The phone came with the ability to remove carrier bloat. Well, been waiting on a Jelly Bean update to the phone. Last night I get an update notification and I am eager to click the update. The update finishes and guess what? Not a Jelly Bean update but instead my carrier installed their bloat back on my phone and I am left with no way to delete it.

So this law is a bunch of crap and now I have to stare at icons I never intend to use. I won't mention the carrier for obvious reasons but it starts with an A.

Nexus 4 on order and buy out of contract cash on hand.

myzoneajay 01-31-2013 12:49 AM

This is wrong, unacceptable

H_TeXMeX_H 01-31-2013 02:19 AM

You can sign a petition against it, like it says here:
http://yro.slashdot.org/story/13/01/...locking-fiasco
https://petitions.whitehouse.gov/pet...legal/1g9KhZG7

corbintechboy 01-31-2013 02:53 AM

Just BS (the icons are irking me lol).

Like buying a house on a 30 year mortgage with bright pink walls and the bank saying you can't paint them until it's paid off. Like buying a gaming console on a credit card and it coming with Mickey Mouse adventures in Goomla and not having the ability to get other games until the card is paid off.

As long as I am fulfilling my end of the contract, the phone should be mine. Sue me if I don't fulfill it. Don't make me stare at crap I don't want and or need. They lost a customer over this. I have to work out a way to pay five lines off. Well worth IMHO to get away from the evil empire we call carriers.


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