Is It Legal to Unlock my Mobile Phone?
Unlocking your cell phone is fully legal in the U.S.
Since 2006 the Register of Copyrights released the latest list of exemptions to 1998′s Digital Millennium Copyright Act (DMCA), and along with it, some welcome news for cell phone users.
Six exemptions were proposed (the greatest number so far), the one that was to affect U.S. mobile users the most was number five on the list, which states:
“Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.”
In other words, it is now permissible for anyone to “unlock” a phone tied to one network and use it with another; as long as they own the phone.
Before these new rules, when you took a phone with you after changing carriers it was said to be an infringement of the old carrier’s property rights. Customers had the choice of either taking back or throw away their old phones, or pay high charges to receive a new mobile phone along with their new contract.
The Copyright Office said, these laws were the result of them believing that the software which stops subscribers from using their phone’s firmware had less to do with actual copyright law and more to do with profits.
“The underlying activity sought to be performed by the owner of the handset is to allow the handset to do what it was manufactured to do-lawfully connect to any carrier,” reads the government explanation.
“The purpose of the software lock appears to be limited to restricting the owner’s use of the mobile handset to support a business model, rather than to protect access to a copyrighted work itself.”
This was certainly good news for subscribers who wanted to use the same phone even if they opt for a different network provider, the network carriers had a different view.
Cellular providers, had previously argued that the software on their phones should be considered a copyrighted work. Anyone who tries to unlock it for use on another network is breaking DRM and violating the statutory prohibition on circumvention, or so the argument goes.
In the U.S. network carriers inciting customers by offering discounts and instant savings on new phones, but only if the customer signs multi-year agreements that have high termination charges. In addition, most new phones come with “handset activation charges,” which frequently take away from the customers’ ultimate savings.
If a unlocked phone is sold by the carrier it will be twice as expensive as they would be with a new carrier contract.
This may have reduced the number of people from buying unlocked phones, today there is still a expanding “grey market” for unlocked cell phones…much to the chagrin of the wireless industry.
The CTIA-a group that represents and lobbies for wireless carriers such as Verizon, T-mobile, and Sprint-was among those who submitted unsolicited statements against this new exemption, arguing that unlocked phones directly result in infringement.
Want to find out more about Unlocking your Blackberry, then visit Jennifer Croner’s site on how to choose the best Unlock with IMEI for your needs.
April 20, 2011 | Posted by Jennifer Croner
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