Slashdot Mirror
Reps Introduce Bipartisan Bill To Legalize Mobile Device Unlocking
New submitter tomservo84 writes "It seems some people in the House of Reps have their heads screwed on straight. A bill would 'make it permanently legal for consumers to unlock their mobile devices, and consumers would not be required to obtain permission from their carrier before switching to a new carrier.' 'This bill reflects the way we use this technology in our everyday lives,' Rep. Lofgren said. 'Americans should not be subject to fines and criminal liability for merely unlocking devices and media they legally purchased. If consumers are not violating copyright or some other law, there's little reason to hold back the benefits of unlocking so people can continue using their devices.' Now, what chance does this have of actually passing?"
This administration is owned by enormous corporations - and Obama just nominated a Telecom lobbyist to head the FCC (after promising during his campaign that there would be no lobbyists in his administration). Seriously. There is zero chance he would sign this bill were it to find its way to his desk.
"Americans should not be subject to fines and criminal liability for merely unlocking devices and media they legally purchased"
MEDIA???? No way the media cartels will give up all the monstrous legislation around copyright circumvention.
Certainly the good Congressman misspoke.
This bill would have never passed when it actually meant something to consumers. With the plethora of unlocked devices available on the market, T-Mobile has already begun offering favorable deals on no-contract plans where you pay for your own device, so it's only a matter of time before the rest follow suit. If this actually does pass, it just means that the financial incentive to the phone companies was simply too small to justify the cost of supporting a lobby against it.
-- Knowledge shared is power lost. -- Aleister Crowley
There already is a loophole. Devices made for CDMA2000 typically can't do GSM/UMTS, nor vice versa. Even within a particular mobile system, carrier-branded devices tend to have the competing carrier's frequency bands blocked off.
This bill goes way beyond cellphones. According to the summary posted on the linked article, the bill's text "makes clear that it is not a violation to circumvent a technological measure if the purpose of the circumvention is to use a work in a manner that is not an infringement of copyright." In other words, it neuters the infamous anti-circumvention provision of the DMCA!
Simply Repeal the DMCA. Making NEW laws to fix broken ones is not the answer. Start repealing laws that have no use except to force an iron fist around consumers.
Do not look at laser with remaining good eye.
I've always heard it explained that U.S. carriers lock the phones so that they can continue to charge still-paying-off-the-subsidy rates even after the 2-year contract has ended.
As an American, I can say the following. Those of you who don't live in the USA need to understand that everything is different here. Sometimes in good ways, but maybe most of the time in bad ways. Few Americans travel internationally so the demand for unlocked phones specifically to use them in other countries is quite low. For years, even after you finished a contract AT&T and other providers were rather infamous for refusing to unlock your phones. T-Mobile was an exception to this at the time as they had a policy to unlock your phone if you asked them to do so after your contract ended. Maybe it is different now and everybody unlocks when your contract is up. But perhaps 7-8 years ago, AT&T would tell you to suck it if you asked them unlock a phone after your contract ended with them. By keeping the phones locked, they were able to prevent people from moving to other carriers. Many people keep their phones for years after the original contract is done just to save money and by refusing to unlock them, those people found it cheaper to just stay with the carrier that locked them in than to get a new phone and possibly a new carrier. Also, those of you who don't live in the USA would not believe how much all the phone carriers bitched about being required by law to allow customers to move phone numbers to other carriers when their contracts ended. For years this was not possible, so some people also didn't ever change carriers just so they could keep the same phone number. So all this led to a situation where there was little demand for unlocking.
As an American I needed to unlock one of my phone about 2 weeks ago and my ATT contract was not up yet. I called ATT, gave them IMEI and within a minute they gave me an unlock code. I had the same experience previously. Not once was I denied an unlock request. Perhaps if you have the phone by a specific manufacturer, they don't allow unlocking. But it's not ATT's fault.
I don't respond to or upvote ACs
I got a fully paid phone (won as a door prize) unlocked by AT&T back around 2005, but I had to go through multiple levels of customer support to do it-- took a lot longer than a minute. It is somewhat surprising that they unlocked a phone for you while still under contract, but technically they don't need the phone to be locked if the contract's early termination fee covers the phone subsidy.
Manufacturers generally have no interest in locking the phone (definitely not to a carrier and often not even the bootloader). It does not benefit them. It's the carriers that want locking and will usually make that a requirement before subsidizing or promoting the phone.
Seriously, read it. It starts out by truly fixing some of the most egregious brain damage and expansiveness of DMCA, making it into a legitimate copyright law. The cellphone unlocking technicality is just one a thousand bugs this fixes; the bill would also legalize making/selling/using ink cartridges, legalize the playing the DVDs that you have bought, etc. If DMCA had passed originally in this form, it would be much less destructive and hated.
After the first part, then it looks like it does something benevolent related to phones specifically, but to some code I'm unfamiliar with. Then it takes a shot at WIPO.
Overall, this is a no-brainer, and anyone who opposes it, will be outed. That means they'll kill it in some committee, but just in case they don't, remember names and who votes for/against. Reward and punish, based on this one, right here.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.