Just Two More Days To Unlock Your Phone, Then You'll Be Breaking The Law
from the ridiculous dept
We've always had our concerns about the ridiculous DMCA "exemptions" process concerning circumvention of digital locks. If you don't know, the DMCA has a strict anti-circumvention rule that says breaking digital locks, such as DRM, is itself a violation of copyright law, even if the purpose of the lock-breaking does not infringe on anyone's copyright. As a sort of "pressure valve" every three years, people can "apply" to the Librarian of Congress for exemptions to that rule. This, of course, is completely ridiculous and backwards. We need to apply, once every three years, to use legally purchased products the way we want to without it being considered illegal? That's crazy. But it's the way things are set up, and it can lead to some bizarre scenarios. As we explained last year when the latest round of exemptions was announced, the Librarian of Congress took away the exemption for unlocking your phone... but provided a 90 day window.That window ends on Sunday. In other words, unlocking your phone on Saturday: legal. Unlocking your phone on Sunday: you probably just broke the law. As the EFF properly notes, this is not what copyright law is supposed to be about:
"Arguably, locking phone users into one carrier is not at all what the DMCA was meant to do. It's up to the courts to decide."I don't even think there's anything "arguable" about it. Copyright law has no business being involved in deciding whether or not my phone can be unlocked. It's silly that this is an issue. It's silly that there needed to be an exemption in the first place. And it's silly that this exemption is being taken away. It's for things like this that people lose respect for copyright law.
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Filed Under: anti-circumvention, copyright, digital locks, dmca, drm, exceptions, phone locks, phone unlocking
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I don't even think there's anything "arguable" about it.
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Re: I don't even think there's anything "arguable" about it.
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In b4 subsidy trolls
Thanks.
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sunday= I don't give a fuck about the law, I'm still doing it. Need to rehack my wii.
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I'll go quietly... more or less
I'm not sure if I'm going to try it in its safe and secure state first or commit my crime (felony or misdemeanor?) so I can remove all of the safe and secure godddam bloatware right out of the box.
Either way, I shall be a criminal by Saturday morning, I'm sure. If I can't get an exemption, may I please have a cell with a view?
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Breaking The Law
(Sorry, I really couldn't resist this trolling outcry :-D )
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Nexus phones are all unlocked
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Those who forget their history are doomed. Period.
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Some things are just plain wrong.
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Bollocks?
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Re: Those who forget their history are doomed. Period.
Tell us, what do you define DOJ to mean? Because it can't be the US Department of Justice.
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If they can have a court case heard by the Supreme Court to limit class action, which causes bad PR, likely they can also open that window allowing legitimate users to unlock their phones.
That said however, if you bought a phone in the past from someone that filled their contractual obligation to poor AT&T coverage and customer service, it can often be unlocked. I suggest you do. An unlocked phone doesn't depreciate in value as quickly because anyone can use it!
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Ahh, and you see that is where you went wrong. You assumed that a law would only be applied to what it was intended for. You silly person you.
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R E S P E C T?
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Re: Those who forget their history are doomed. Period.
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All the carrier has to do is look up the device IMEI( International Mobile station Equipment Identity) and run a check to see if it is locked, probably through some of the existing malware they put on the phones. They could also check a cross reference a list to see if that IMEI was unlocked by a carrier. Then they can just send a list to the Feds, say once a week. The Feds can then round all the terrible hacker thieves up and put them in prison.
Will they do that? I doubt it for out of contract phones, especially since the carriers have to unlock them if you are out of contract and the account is in good standing. It is certainly in the realm of possibilities, even likely, for those who get contract phones and leave the carrier prior to the end of their contract and don't fork over the early termination fee.
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Re: Re: Those who forget their history are doomed. Period.
That is easy:
DOJ = "Department of Judgment"
It saves the cost of a trial that way.
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Re: Nexus phones are all unlocked
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Soon will be the time
See this is a good thing, it will drive me to leave AT&T and cut my mobile phone bill in half. Just kind of sucks I need to get all 5 phones out of contract to do that.
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Re: I don't even think there's anything "arguable" about it.
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as for people losing respect for copyright, did they have it in the first place? what would the librarian say if he wanted to put thicker tread tyres on his car, but had to apply to Ford to do so? what would he say if that permission was then removed? what if he had to get permission from the maker to sell his car? would he be happy? of course not, but he would still do it! anyone from the ordinary people who do something 'illegal' though are locked up and the key thrown away. anything to keep control with businesses or to return it to them. similar with giving stuff from the public domain back to copyright holders. fucking ridiculous! but when your getting a nice little earner from the companies concerned, are you going to use sense and decency and look after the people or forget everyone else and look after your bank balance?
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Keep your overpriced junk.
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Re: Those who forget their history are doomed. Period.
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Re: I'll go quietly... more or less
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Whats wrong with the laws to enforce the original contract?
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Re: Re: Nexus phones are all unlocked
However, they are not TRUE Nexus phones, mainly due to the fact that they are not GSM phones, which by default are unlocked.
As for the Sprint Galaxy Nexus, I believe it received 4.2 this past week if memory serves me correctly. Through an OTA (over-the-air) update. And it can be manually downloaded for those who haven't received the notification.
As for the Verizon version. Well, that's no Nexus. There, I said it. When it had Verizon bloatware on it (one app or two, anything at all counts) that alone disqualified it as being a Nexus device.
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However, jailbreaking is considered up in the air. Not quite legal, not quite illegal. But the manufacturers, particularly Apple, will not honor a warranty on a jailbroken device. (Actually, it's more Apple than anyone else. As rooted devices can still be covered by warranty from OEMs and many honor the warranties. Even carriers have started doing so. Previously, root meant kiss your warranty bye bye. Now, not so much. As long as you don't buy Apple.)
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Now if we want to talk about what is smart for them to do that is a different story.
By the way 'Unlocking' a phone (removing the provider lock to change providers) is a totally different procedure than 'Rooting' a phone (to attain super user privileges).
And I quote from:
http://theunlockr.com/2010/08/27/android-101-rooting-jailbreaking-and-unlocking/
"VI. Difference between Unlocking, Rooting, and Jailbreaking
Another big question I get, is, “If I root my phone, can I use it on another carrier?” The short answer is no but I’ll explain.
Rooting and unlocking are two completely different procedures. Rooting your phone does NOT unlock it. In order to unlock your phone and use it on a different carrier, you must either purchase an unlock code (if you have GSM phone), flash a new carrier’s firmware manually through a cable (if you have a CDMA device), or you have to alter the phone’s baseband (as with the iPhone unlocking software).
Now, this seems to become a very confusing thing for people because of the iPhone I think. Sometimes people get confused with jailbreaking and unlocking by thinking they are one in the same (understandably with a name like jailbreaking you might think you are “setting it free”). But this is not the case. The iPhone has software to unlock it but that software is not automatically installed if you jailbreak your iPhone. The reason for the confusion, I think, is the fact that in order to use the unlocking software for the iPhone, you must have jailbroken it first (as the unlocking app needs root permissions to change the baseband, etc)."
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Re: Those who forget their history are doomed. Period.
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1485&context=chtlj
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Re: Re: I don't even think there's anything "arguable" about it.
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Its an easy enough mistake to make for people that do not have a thorough understanding of the technology and terminology involved. I simply felt it was important to make the AC and others aware of the distinction.
I am fairly certain the reason for the change is to try to prevent someone from buying a subsidized phone on a two year contract then leaving the carrier prior to contract end, unlocking the phone and selling it or using it on a different carrier. A subsidized phone may cost $100, but an unlocked (no carrier restrictions) phone might cost $500. I actually have no problem with the carrier lock as long as when I fulfill my contract terms they are required to do a carrier unlock for me. The alternative is no subsidized phones (which frankly wouldn't bother me either), but that would certainly stop a lot of people from getting a new phone every 18-24 months. I would also like a lower rate if I don't buy a subsidized phone.
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Re: Those who forget their history are doomed. Period.
I'm sure when you were digging around the history of these here now telephone things--which is a fascinating and educational thing to do--you saw how confused everyone was about what they did and what Our Government should do with them.
Seems to me that by the time all of the errors (some understandable) were corrected the phone company (The Phone Company) was being driven to extinction anyway.
So as long as we call it "jailbreaking" and "unlocking", well, those sound like things we shouldn't do--so the default action of a regulator will be to forbid it.
Maybe we should start calling it "owning" or "personalizing" or maybe "privacy protecting". All they read is the title anyway.
Bill in New Mexico, criminal.
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Re: Those who forget their history are doomed. Period.
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Re: Re: Re: I don't even think there's anything "arguable" about it.
If it was not for the DMCA, yes, maybe someone would have been sued. But without the shackles of the "safe harbor" provision weighing them down, they could have invoked a much stronger and more favorable legal protection: Common Carrier law, which says that they have no liability whatsoever, so long as they treat customer data in a non-discriminatory manner.
The suit would have ruled in favor of the defendant, and it would have set a precedent, and it would have happened back in the late 1990s or early 2000s, before the mega-ISP-consolidation swept through the industry. Then, by the time today rolled around, we wouldn't even have to worry about net neutrality, as it would have already been settled by this case. Comcast and AT&T wouldn't dare screw with our traffic for fear of losing their Common Carrier protection from liability.
That's what the DMCA has taken from us.
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Re: I'll go quietly... more or less
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But before you can root most phones you usually have to unlock the bootloader (ie removing a different lock on the phone).
I have never had a need to remove the carrier lock that allows it only to be used on one carrier.
It is also widely known that Carriers do not like subscribers rooting their phones as well. When I first heard about the extension of the exceptions quite some time ago, the article was more about the ability to tinker with the phone, load custom roms, make backups, etc. and how that could become technically illegal to unlock the bootloader of your phone. This was also before manufacturers like HTC were offering unlocking tools which meant using an exploit that unlocked and replaced the bootloader with a custom one was the only way to do it.
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This is true, but still has nothing to do with the carrier unlock. The article was clearly discussing carrier unlock.
It is true that the carriers, and even the manufacturers don't particularly care for you rooting the phones or loading different ROMs, and that will void your warranty, but again that is not what is at risk and it is important that people understand what changed.
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nah, watson isnt human so he didnt have a need to be socially accepted, however he is "logical" so simple terms are perferable
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Not good
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Date refers to manufactured date.
Isn't that date for phones manufactured date? Any phones before that date can still be unlocked.
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affordable press release service
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Arguably indeed
Arguably indeed. I can see why the manufacturer does not want you messing with their phones, but i does take away some personal choice in the process, i think.
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ssapptricks
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Useful
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