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Comments on news posted 2013-01-25 09:21:10: While the oft-criticized Digital Millennium Copyright Act (DMCA) makes it illegal to bypass DRM, when the law was based back in 1998 a provision allowed the Librarian of Congress to grant certain exemptions. ..

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tschmidt
Premium,MVM
join:2000-11-12
Milford, NH
kudos:9
Reviews:
·G4 Communications
·Fairpoint Commun..
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reply to kevinds

Re: If I get caught,

DMCA severely restricts fair-use rights in that if DRM infringes on copyright DMCA says tough bananas. To round this out companies use contractual wording to undercut first-sale doctrine.

The goal is to turn the population into renters with no property rights so companies are able to collect rent.

Be interesting to see how this plays out over the next decade as companies and government continue to tighten the screws.

/tom



tschmidt
Premium,MVM
join:2000-11-12
Milford, NH
kudos:9
reply to elwoodblues

Re: Crazy laws

said by elwoodblues:

You get less time in jail for armed Robbery,

Or crashing the economy.

Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

said by tschmidt:

said by elwoodblues:

You get less time in jail for armed Robbery,

Or crashing the economy.

well those who crashed the economy own the government so they could murder people and just buy a law that makes it legal for wall street to murder people.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to kevinds

Re: If I get caught,

This is why the DMCA is never going to be enforced. It would never stand up to a full and proper court review if someone got dragged in for ripping DVDs to their home server and never once sharing the files or even the physical DVD. In fact I think any case that could drag the DMCA before a proper court review would result in it going away.

Okay not really as the SCOTUS is now a division of big business. After all corporations are people too according to the supremes
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to MaynardKrebs

Re: The Supremes will rule in this case....

I would not want to be the police chief that has to send my officers away from real cop work to chase down people selling Hondas on Craigs List.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports



n2jtx

join:2001-01-13
Glen Head, NY
reply to kd6cae

Re: Sprint iPhone

I have no idea what is up with Sprint and their policy. My 4S is off contact in October and I may appeal directly to Apple, as many AT&T customers did, to get a full unlock. Basically an off contract Sprint iPhone is usable domestically only with Sprint or with any SIM outside the United States. My guess is because they have not yet been smacked as AT&T has, they have continued the policy. Come October, it will be two years since Sprint started selling iPhones and that will be the real test to see if their policy sticks. If people start requesting full unlocks at that time and keep getting denied, that may force people like me to go directly to Apple for assistance.
--
I support the right to keep and arm bears.



Cthen

join:2004-08-01
Detroit, MI
Reviews:
·Verizon Wireless..

More piracy on the horizon

When are these morons going to realize that they are only pushing more people into piracy with this crap?

On the plus side they are helping the other companies out there who will come with ways to get around this by increasing demand for their stuff.
--
"I like to refer to myself as an Adult Film Efficienato." - Stuart Bondek


ccureau

join:2002-12-28
Slidell, LA
Reviews:
·AT&T U-Verse
reply to IowaCowboy

Re: Ownership of software and other works

said by IowaCowboy:

So in other words, it is a breach of the license to modify the software on your smartphone and that includes unlocking it. While you may own the physical device, you don't own the software on it and you are bound by the software licensing agreement.

Interesting... All this time I have been purchasing computers that come preinstalled with Windows, wiping the disk, and installing Linux.

Does that make me a criminal too?


cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
reply to Chaldo

Re: This isnt going to stop anything.

My guess is that, presuming the ruling stands as is, that individuals who unlock their phone won't be pursued in courts, but that services that offer to unlock phones may be. It's just like pirating. The individuals that do it aren't worth the time/effort to actually prosecute/sue in court...even with a victory what can be recovered or actual damages is far less then what the legal fees are. It's the bigger services that would be guilty of willful violation, or many counts is where the money could be at, if it ever came down to it.

Personally, I think it's a non-issue for 99.9% of the population. Most people have lived with locked cell phones for some time. With different technologies, frequencies, etc along with contracts, people stay with their same carrier for most or all of their contract. If/when they change, they get a new phone, trade in the old, donate it, or resell it to someone on the same carrier. Plus, with my experience with T-Mobile, after I think it's 90 days of good standing they will unlock it for you if you say pretty please or lie that you are taking it overseas.



cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
reply to tschmidt

Re: If I get caught,

said by tschmidt:

The goal is to turn the population into renters with no property rights so companies are able to collect rent.

T-mobile seems to be bucking the trend, going the opposite way. Their plans of not subsidizing phones, allowing you to BYOD, and an arguably leading pre-paid plan among the big 4 providers to me shows that they really don't care specifically about the "renting the hardware" market while they first rather provide the service. If you want to get the hardware from them, then they are happy to do that as well.


Juggernaut
Irreverent or irrelevant?
Premium
join:2006-09-05
Kelowna, BC
kudos:2
reply to Cthen

Re: More piracy on the horizon

I can see this creating a huge market for the 'pure' Google Nexus devices, as they all come unlocked already. In fact, it was the deciding factor in my buying the Nexus S. No begging the carrier, and no money spent for a third party unlock.

Maybe when the cell providers start losing enough profit off their device sales, they'll see the folly of their ways. As it stands, I can see this creating a lot of 'criminals' in the interim by unlocking their hardware for travel.
--
"I fear the day that technology will surpass our human interaction. The world will have a generation of idiots." ~ Albert Einstein



delusion ftl

@comcast.net
reply to Network Guy

Re: So let me get this straight

No, this issue really only applies to a small target. iphones, particularly on Sprint, and some on Verizon. They are locked so that they cannot be used on ATT and T-mobile even though they have sim card slots and have the ability to work. The exemption would allow a user to circumvent the lock and use their phone on a domestic network. That is expiring tomorrow.

Virtually every other phone can already be unlocked legally by the carrier/manufacturer, often well before a contract expires.

In my opinion you either don't do business with carriers that refuse to unlock your device, or you choose devices the carriers will unlock (if any).

Sprint and Verizon refuse to allow phones from each others network to be activated. ATT will take devices from other networks but will force you into a plan they deem appropriate for your device (usually mandating a data plan). T-mobile is the lone star here that allows you to bring any device and use it with any plan (including non data plans) and they don't have any devices they will not unlock upon request.


Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter
reply to dnoyeB

Re: Crazy laws

said by dnoyeB:

Destroying the secondary market is the same thing Steam has done for video games. unless you make a steam account for each game.

I have had valve unregister games from my account and make them into gift codes which can be sold, legally, even according to their TOS, as long as they don't know, your in the clear. You just need to get the right person in support. I don't think Valve was 100% at fault for this change at all either. Once game companies started using online registration and one time use game CD keys, the second hand market for PC games was already dying. Its a bad comparison too, because it does not kill the second hand market, phones will just be carrier locked, so if you will now have to look for a phone to use on a specific carrier as well as what other features you want.

Also, have any of these laws ever prevented anyone from unlocking or jailbreaking their phones? the DMCA laws are outdated and need to be rewritten, the only problem is that they will only get worse, because lobbyist have more money than you or I.

Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to elwoodblues

The thing with Valve is they focus on a market that never had a big secondary market to begin with. PC gaming has never had a big used game market. Consoles have had a huge used market even since the SNES. And it really took off in the Playstation era.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


travanx

join:2002-01-15
Altadena, CA
reply to Mike

Re: Librarian of Congress?

And yet no one will keep a database of stolen phones to completely shut out stolen phones from the market.

If this really is an iPhone related issue, who in their right mind would want an iPhone or Apple product in the future?



Hellgodl33t

@sprint.com

Lock Me Up

Sorry but its my phone ill do as a please with it like telling me i cant put a ford engine in my chevy eat me



carpetshark3
Premium
join:2004-02-12
Idledale, CO

I have TMO service. I have bought unlocked European phones from Amazon and used them on TMO. One was a Nokia C6, not sold here, The other a Samsung Apollo, also not sold here. The Samsung was in the Czech language. I now have the unlocked Nexus S, and will get the Nexus 4.


MaynardKrebs
Premium
join:2009-06-17
kudos:4

1 recommendation

On a related note......

...sales of Google's unlocked Nexus 4 phone are starting to climb again.



Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
kudos:1
reply to travanx

Re: Librarian of Congress?

Pretty sure that extends to all phones, not just Apple.


kevinds

join:2003-05-01
Calgary, AB
kudos:2
reply to tschmidt

Re: If I get caught,

What copyright material protected by DRM is there on my Android (open-source) smart-phone though.
--
Yes, I am not employed and looking for IT work. Have passport, will travel.



KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

1 recommendation

reply to elefante72

Re: Crazy laws

This what happens when Corporations write the laws. The write the laws to line their pockets.

The DMCA anti-circumvention laws have to be removed, period.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini



Selenia
I love Debian
Premium
join:2006-09-22
Fort Smith, AR
kudos:2
reply to adampsyreal

Re: Once again; laws created by those who don't understand.

said by adampsyreal:

*Why is it legal for cell phone companies to make my phone run slower with apps that cannot be removed without unlocking?
=They way I see it; phone companies owe us $ for lost time that we could have been using to make money -had we not been spending time out of our lives waiting for crap to run on our phones.

What's next? -no laptop bloatware removal?

Unlocking =! rooting. It is still legal to root. You just can't unlock the baseband firmware to take it to another carrier without your current carrier's permission
--
A fool thinks they know everything.

A wise person knows enough to know they couldn't possibly know everything.

There are zealots for every OS, like every religion. They do not represent the majority of users for either.


Acuity

join:2002-06-22
Londonderry, NH

White House Petition

Not that it makes any difference. We the people do not matter to the government. No matter who we elect, we always end up losing more and more of our rights.

»petitions.whitehouse.gov/petitio···1g9KhZG7



MTK6577

@rcn.com

I build cell phones

Thanks to morons, more and more customers will buy cell phones from China


Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to MaynardKrebs

Re: Once again; laws created by those who don't understand.

Actually that would be hard with a laptop, Because they do not know who owns the hardware if you bought at say a Best Buy.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports



iTroll

@charter.com
reply to IowaCowboy

Re: Ownership of software and other works

Last I heard Android software was acquired by Google, and of course iOS is owned by Apple. So what part of the phone's software are you referring to that is owned by the carrier?

Are you saying that removing the portion of the firmware that only has to do with that carrier to use with another should be illegal?



voiplover
Premium
join:2004-05-28
Portsmouth, NH
reply to MTK6577

Re: I build cell phones

Non USA companies stand poised to clean up by absorbing the mom and pop dealers that have been making a living by jail breaking phones. Thanks Mr. FCC.



IowaCowboy
Want to go back to Iowa
Premium
join:2010-10-16
Springfield, MA
Reviews:
·Verizon Broadban..
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reply to iTroll

Re: Ownership of software and other works

said by iTroll :

Last I heard Android software was acquired by Google, and of course iOS is owned by Apple. So what part of the phone's software are you referring to that is owned by the carrier?

Are you saying that removing the portion of the firmware that only has to do with that carrier to use with another should be illegal?

The carrier loads software on to the device that is bundled with the phone's software. Also, most handset makers will void the warranty as modifying the software to unlock the device since that is a breach of the software licensing agreement. As for the unlock codes, it is illegal to crack them since that is considered off-limits to the user so that is considered hacking.

Back when I was in 9th grade, me and several classmates had gotten into trouble after a teacher had given us passwords and the school district installed software on computers but left the passwords as the default (which were easily obtainable) and we got into a boatload of trouble. The school system was partly to blame as they left passwords as default and the teacher (who was no longer employed by the district) gave us the passwords. We were young and this was around 1998. Some of the software involved was called LAN commander, Screen to Screen, and On Guard (all products by a company called Power On software) and this was on the Macs. While I learned my lesson, one of the other kids (who I no longer knew since I changed schools my 10th grade year) ended up killing a pizza guy and is doing life in the Iowa DOC. I was in a behavior disorder class when the computer incident occurred. I was completely out of BD class by 11th grade and I graduated on time with honors in 2002.

I learned my lesson from the computer incident back in 1998, which is why I don't access any part of a computer system or software that I am not supposed to access.

MaynardKrebs
Premium
join:2009-06-17
kudos:4
reply to Kearnstd

Re: Once again; laws created by those who don't understand.

said by Kearnstd:

Actually that would be hard with a laptop, Because they do not know who owns the hardware if you bought at say a Best Buy.

That's what *mandatory* registration is for.


LazMan
Premium
join:2003-03-26
canada
reply to JakCrow

Re: Ownership of software and other works

said by JakCrow:

Unlocking a phone isn't about software ownership. It's about hardware. You own your phone, and it's provider lock has nothing to do with what software it's running.

Once the hardware subsidy is paid off (typically the same term as the contract) - you DO truly own the phone, and can do as you please... I don't know a single carrier that won't unlock a phone after the contract has expired.

If you want that freedom from day one, then buy an ulocked phone at the retail price, not the heavily discounted, subsidized contract one.