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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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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
Space Elf
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
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1
Reviews:
·Verizon Broadban..
·Comcast
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
Heave Steve, for the good of the country
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.


icanread

@comcast.net

EBay sales are safe

Page 20: "However, with respect to “legacy” phones – i.e., used (or perhaps unused) phones
previously purchased or otherwise acquired by a consumer
– the record pointed to a different
conclusion. The record demonstrated that there is significant consumer interest in and demand
for using legacy phones on carriers other than the one that originally sold the phone to the
consumer." And then, "The Register concluded after a review of the statutory factors that an exemption to the
prohibition on circumvention of mobile phone computer programs to permit users to unlock
“legacy” phones is both warranted and unlikely to harm the market for such programs."

old_wiz_60

join:2005-06-03
Bedford, MA
Reviews:
·Verizon FiOS

How much...

money did the carriers slip to the "Librarian of Congress" under the table in order to get the ruling they want? I often wonder how much of a bribe you need for various votes/rulings. Is there a scale for Congressional votes? White House action? DOJ rulings/actions? SCOTUS rulings? How do the carriers/entertainment groups hide the money they pay out on bribes? They must have some really good accountants who manage to hide the illegal gifts. Or maybe they bribe the IRS as well?


anonanon

@comcast.net

we need more clarification

so i understand it is illegal to unlock phones 'without carrier permission/' so do the websites that sell unlock codes obtain them with 'carrier permission?' if take a phone to a small shop that unlocks and they buy a code online who is the criminal? me? the shop keeper? the web site owner?

i have been reading a lot of article i the last few days and most seem to indicate people unlock there own phones they originally purchased from a carrier. having worked at several business in different cities that unlock phones i know this is very very un common. the overwhelming percentage of phone unlocked are those purchased second hand from ebay, craigslist, pawn shops, flea markets other second hand shops for the purpose of either exporting or use on a cheap prepaid company. i have only very rarely helped an original purchaser. what this means is almost no chance for the handset owner themselves getting 'permission from the carrier'

what is needed is a way for small shops to get a wholesale agreement with at&t, t-mobile, etc to request permission on behalf of customers and legally unlock phones.


jtl999
CEO of Actiontec Dev Team

join:2012-11-24
In the GVRD
kudos:4
reply to IowaCowboy

Re: Ownership of software and other works

The computers were the schools property.

Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to IowaCowboy
The difference is that the computers where property of the city. The phone, your desktop, your game consoles are your property.

I see DVDs and Blu Rays as mine too, If I want to rip them to a media center PC for personal use with no intents to ever send that data over the internet, I will because that is my choice to do so not the choice of some content owner in Hollywood to tell me I should also buy a separate DRM and platform locked digital version.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
Expand your moderator at work

PolyTien

join:2013-02-11
Oakland, CA

Petition: Make Unlocking Cell Phones Legal

If this illegal issue bothers you, and you want to have the option to be able to unlock a device you believe you paid for and own, then sign this official Petition and pass it along:
»petitions.whitehouse.gov/petitio···1g9KhZG7

There's still time! 12 days left to get 100,000 minimum signatures.. At present, there is 60,000 sigs.. Please pass this petition link around to help make a difference!