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Chron: Cell phone unlocking becomes a crime on Saturday

Discussion in 'BBS Hangout' started by sugrlndkid, Jan 25, 2013.

  1. sugrlndkid

    sugrlndkid Member

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    http://blog.chron.com/techblog/2013/01/cell-phone-unlocking-becomes-a-crime-on-saturday/

    Today, unlocking your new cell phone so it can be used on another carrier isn’t illegal. Tomorrow, that will change.

    That’s because the Librarian of Congress – the official in charge of interpreting the Digital Millenium Copyright Act – has ruled that cell phone unlocking is a violation of that law. The librarian announced this position back in October, but gave a 90-day window before the decision takes effect. That window closes Saturday.

    You can read the full ruling here [PDF], but here’s the pertinent part:

    The Register concluded after a review of the statutory factors that an exemption to the prohibition on circumvention of mobile phone computer programs to permit users to unlock “legacy” phones is both warranted and unlikely to harm the market for such programs. At the same time, in light of carriers’ current unlocking policies and the ready availability of new unlocked phones in the marketplace, the record did not support an exemption for newly purchased phones. Looking to precedents in copyright law, the Register recommended that the class designated by the Librarian include a 90-day transitional period to allow unlocking by those who may acquire phones shortly after the new exemption goes into effect.

    Right now, most phones are purchased for use on a specific carrier. In order for them to work on other carriers that utilize the same frequencies, handset owners must unlock them. In most cases, carriers will only provide unlock codes after a certain amount of time, which varies depending on the phone and the carrier.

    You can, of course, buy phones that are unlocked from the beginning. For example, Verizon’s version of the iPhone 5 comes with an unlocked SIM slot right out of the box. Google sells its Nexus 4 smartphone unlocked. Typically, though, unlocked phones cost a lot more than locked ones, usually because the latter are subsidized through carrier contracts.

    And note that unlocking a phone is different from jailbreaking, which opens the phone up to the installation of non-standard applications and modifications.

    In response to this ruling, a petition to legalize unlocking has been started at the White House’s We The People site. The Obama Administration responds to petitions which draw more than 100,000 signatures. (The previous threshold was 25,000.) At this writing, the petition has drawn just over 3,000 signatures, but it has until Feb. 23 to reach the goal.

    The site, of course, famously hosted petitions calling for the building of a Death Star and the secession of Texas from the U.S. Both of those petitions were denied by the White House. We’ll see what happens to this one.
     
  2. sugrlndkid

    sugrlndkid Member

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    total garbage yet again...by the government just doing whatever they please to help out their interest...I signed the petition...
     
  3. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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    I don't mind jail breaking which is not being outlawed but I do mind those shops around the city that "unlock" stolen phones for thieves. If this law helps cut down on te stolen phone market I'm happy.
     
  4. Scionxa

    Scionxa Contributing Member

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    Maybe people will stop buying phone's on contract. Oh wait, this is 'Murica.

    This sucks, especially for people on at&t who want to unlock their phones after their postpaid commitment is over.
     
  5. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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  6. LAFIRMA22

    LAFIRMA22 Member

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    That sucks
     
  7. VanityHalfBlack

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    I don't understand, would this affect me now that I'm using an unlocked iphone 4 through T-mobile since Last year???
     
  8. Jontro

    Jontro Member

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    Damn, the man is really controlling our lives.

    What's next, downloading movies via torrent is illegal?
     
  9. Scionxa

    Scionxa Contributing Member

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    No, it would not affect you.
     
  10. Scionxa

    Scionxa Contributing Member

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  11. LonghornFan

    LonghornFan Contributing Member

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    I can't believe we didn't get the Death Star. Never underestimate the power of the Schwartz.
     
  12. BEAT LA

    BEAT LA Member

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    HA

    What's a cop gonna do? Give me your cell phone, so I can check if it's unlocked.

    What a useless law that only the sheep will follow.
     
  13. Classic

    Classic Member

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    bling bling

    [​IMG]
     
  14. sugrlndkid

    sugrlndkid Member

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    lol...
     
  15. SwoLy-D

    SwoLy-D Contributing Member

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    " :mad: F#)#@^$)#^ YOU!!! "

    Sincerely
    People who can't afford unlocked phones

    ;)
     
  16. rocketsfeeva

    rocketsfeeva Member

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    I'm confused on this. If jailbreaking your phone is legal, why is unlocking it illegal?
     
  17. wizkid83

    wizkid83 Contributing Member

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    Question, it's the act of unlocking that's violating U.S. interpretation of intellectual property right? And not the actual process of unlocking.

    The reason I ask is this, if some one goes to say Canada or Mexico, get their phone unlocked by a third party, and bring the unlocked phone back, are there legal ramifications?

    Looking for IP lawyers to chime in.
     
  18. MadMax

    MadMax Contributing Member

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    [ShakingFistAngrilyAtSky]Ooooobbbaaaammmmmaaaaaa!!!![/ShakingFistAngrilyAtSky]
     
  19. wizkid83

    wizkid83 Contributing Member

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    Also, the Library of Congress's reasoning for allowing unlocking of phones is that the phone companies currently allows you to unlock your phones...... so you shouldn't have to do it on your own....

    Not sure if they really thought this through.
     
  20. smoove shoez

    smoove shoez Member

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    First the smart meters now this.
     

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