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Unlocking New Mobile Phones Becomes Illegal In the US Tomorrow
Tyketto writes "Referencing a decision outlined in the Federal Register, Tech News Daily has published an article noting that the window to unlock your new mobile phone in the U.S. is closing. '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."
It will still be perfectly legal to purchase an unlocked phone, which many carriers offer. This change removes the exemption for buying a new phone under contract (and thus, at a discount) and then unlocking it.
do you really need every point update of android? what does it give you?
Wrong question. Try "Should anyone but me get to decide which updates I need?". Then we can at least start that discussion (not the same one in TFA, BTW) in a meaningful way.
As for the "real" topic from TFA - Should I have the right, if I visit the UK this summer, to put in a local prepaid SIM card (legally obtained and paid for - They actually have sane rules over there about this stuff, and you can buy minutes for a pittance) so I can use my own phone without paying my normal carrier their insane international roaming fees? Keep in mind that my carrier still gets paid their normal monthly contract fee (the one they agreed to when they subsidized my phone up front) during my vacation, and they don't even need to route calls for me during that time.
I would tend to say "yes, I damned well should". But then, I wouldn't buy a locked phone in the first place.
Why is this a special case and needs a special law? Why is the contract you sign insufficient?
Why do they need to make it illegal to unlock a phone, rather than keeping it completely within contract law?
Do you realize how insane a situation it's going to be where a phone company can ask the police to arrest you because you have unlocked your phone?
I agree - they should be able to sue you in a civil court - like any other company would do if you brake any other contract! not sure why this is a special case.
Sigs are for the weak.
Not just joining a new carrier. I'm an e.g. T-Mobile subscriber, and I'm traveling to e.g. Canada. I'd like to use a local account while I'm in Canada so I'm not paying the international roaming charges (0.59/minute voice, $10/MB data). So I'd like to temporarily swap SIMs. I still plan to honor my contract with T-Mobile.
As an example of charges, it would cost over $10 just to view the page (http://www.t-mobile.com/international/roamingoverview.aspx?tp=Inl_Tab_RoamWorldwide) that tells you how much you'll be charged, and that's just for that single page. It doesn't account for the navigation it took to get there.
There are perfectly legitimate reasons to unlock your cellphone. It is a matter that should be covered under contract law, not criminal law.
True. By extension, my house isn't truly mine until I pay off the mortgage. Does this mean I can't make any changes to it?
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
the subsidized handset business models of the US carriers are viable, just not universally popular. There's a difference.
I disagree. They are very popular to the typical US consumer, who doesn't want to pay more than a couple bucks for a new shiny phone in their hands.
If it wasn't popular, then the business model wouldn't be viable, because no one in their right might would voluntarily chain themselves to a carrier for years knowing that plan pricing, internet caps, speed throttling, and terms of usage are continually shifting and subject to change without notice, approval, or even the threat of class action from the affected.
More Twoson than Cupertino
The DMCA says unlocking is illegal. The (soon to be expired) exemption says that unlocking is legal. There is nothing in the exemption or in the DMCA about a contract.