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Mobile Phones Locked By DMCA
wellington map writes "A mobile phone company is arguing that companies that unlock their handsets violate the DMCA. They argue that the software on the phone is a copyrighted work, and the unlocker is breaking DRM in a way that violates the statutory prohibition on circumvention. A similar claim by Lexmark, which tried to apply it to people who refilled printer cartridges, has recently been rejected by the courts." From the Wired article: "The financial motive behind this claim is obvious. Companies have been using the razor blade business model to guarantee a steady stream of revenue ever since, well, the razor blade. Cell phone companies sell you a phone at a discount, and then make up the difference by requiring you to sign a multi-year contract promising to pay monthly fees for mobile phone service or to fork over a hefty termination penalty if you break the deal. But many customers, particularly those who travel internationally, want more choice."
Story lifted directly from BoingBoing. Even the quote from Wired was lifted directly from the BoingBoing story.
See the BoingBoing story here.
As for the 'razor blade' argument cited in TFA, the reason it works for razor blades is because they're cheap...too cheap for people to 'mod' their razors to be able to accept other, cheaper razor blades. This model simply doesn't apply in the world of printer cartridges and cell phones...since it's worth the expense. Lexmark increased the expense by implementing the 'handshake' between the cartridge and the printer, but circumventing that proved to be worth the expense as well. When Lexmark attempted to invoke DMCA they got slapped down, and rightly so.
The point is, if I own a product, be it cellphone, printer, or razor, it is mine. The courts ultimately ruled against Lexmark in this matter, and I expect (and hope) that they will rull against the cellphone companies as well.
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~ |rip/\/\aster /\/\onkey
Back when there was but one Bell telephone, there arose an issue with "Other than Bell" equipment on a Bell phone line. If I understand how the story goes, it went to the supreme court and they said "people have the right to use any phone they like and should not be locked into buying from a monopolistic vendor."
These locked phones are essentially the same thing where they are using this practice as a means to keep people from migrating from one service to another. It also serves to prevent any resale value for any equipment that someone may own which is also bad for the consumer.
This situation, if tested is court, will be an easy win for the consumer. I have no doubt on that.
I've had two phones from Vodaphone and two from T-mobile, my girlfriend has had one from Vodaphone & 2 from O2. None of these phones was ever locked and we were free to put a SIM from another network into these phones at anytime. The only time I've seen locked phones on contracts is with Orange and Virgin. A good rule of thumb is that if the handset your buying/getting on contract has a network providers logo printed on it the its more than likely locked. This seems to be the case with all Pay As You Go phones and Orange contract phones.
To err is human. To forgive is not company policy.
Interesting, the nameless operator is most likely NOT T-Mobile, as I have been a customer with them for several years, and they will unlock your phone FOR you for FREE, just by emailing them and asking them to do so.
There are some limitations, like you have to have been a customer for 90 days, in good standing, etc. but if you email them and ask them to send you the unlock code, they will do so in a couple of days.
They have unlocked several Nokias for me in the past.
Just my experience.
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