Unlocking Smartphones Now Illegal — How Could This Affect You?
A Library of Congress ruling has gone into effect that prohibits smartphone users from circumventing copyright protection systems — systems that enable a phone to run on only the network of the carrier that sold it.
eWeek.com, a website for technology news, opinions and reviews, reports that as of today, Jan. 26, unlocking smartphones without a service provider's permission is illegal.
A Library of Congress ruling has gone into effect that prohibits smartphone users from circumventing copyright protection systems — systems that enable a phone to run on only the network of the carrier that sold it. For example, if you purchase an iPhone with AT&T service, that phone is programmed to only connect to AT&T's network. If you want an unlocked phone, one that you could connect to multiple service providers, you'll have to buy it that way — and it's more expensive — or ask your carrier to send you an unlock code, which could be unlikely.
"Imagine buying a car equipped with software that prevents you from taking certain roads — and being legally barred from disabling the software!" Mark Sullivan writes for PCWorld.
"That decision was made not by voters, the courts, or even Congress," Sullivan continues. "It was made by one man, 83-year-old Congressional Librarian James Hadley Billington, who is responsible for interpreting the meaning of the Digital Millennium Copyright Act (DMCA)."
Sullivan says there is "big money" at stake with the decision.
"The unlocking ban will simply help keep subscribers locked in post-paid plans (reducing 'churn')," he writes. "And phone locking is the carriers’ main instrument for keeping people locking in two-year, post-paid contracts."
What do you think about the decision making unlocking smartphones illegal? Have you already unlocked your phone or will you spend the extra money to purchase one that is unlocked? Tell us in comments.
Subscribe to Barrow Patch’s newsletters, follow us on Twitter and “like” us on Facebook.
Michael Robinson
11:14 am on Sunday, January 27, 2013
It's easy to get hung up on symptoms like this and miss the larger problem.
The only functional difference between paying installments on a smartphone and renting a cable modem is that you don't get to own the modem at the end of the contract. Try using your rented Comcast modem on another provider or with a custom firmware and see what happens.
Of course, it's a little different here because a phone is a lot more personal than a modem. But the law hasn't kept up with the transition of phones from communication devices to tools, and the system is convoluted enough to make it hard to fix.
It usually costs the same whether you pay for the phone up front or over the life of the contract. You might as well just pay up front if you plan to unlock (jailbreak) it. We should have more flexibility with something as personal as a smartphone no matter how we pay for it, but law tends to lag behind culture.
Deanna Allen
1:25 pm on Sunday, January 27, 2013
I never thought about the idea of "renting" cable/satellite equipment and then having to return it. I guess that's why cable and satellite TV providers offer those "discounts" on installation and equipment charges. I actually dropped cable and satellite altogether and watch movies and shows on Netflix.
Michael Robinson
11:21 am on Sunday, January 27, 2013
As an aside, I recommend these sites for technology news: http://www.theverge.com/ and http://arstechnica.com/
eWeek isn't bad, but it has lot more tabloid-style things and less original reporting.
Deanna Allen
1:25 pm on Sunday, January 27, 2013
Thanks! I will check those out!
Sam B
3:43 pm on Tuesday, January 29, 2013
Isn't this like buying a car and have to get gass at a certain gas station. Or a tv with one chanel, or worked with cable not dish. The Smart phone makers that allows unlocking will sell more, the others will choked in their dust.