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pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

reply to Matt

Re: What Problem?

said by Matt:

Fortunately, as a society we're not allowed to ignore rules we are contractually obligated to follow just because we don't like them.
But no contract can override the law. If I own something, then I should be able to modify it. I understand that this will void the warranty and that the use of a modified device might cause other problems for me, but if the device is truly mine, then no one should be able to legally challenge my right to modify it.

I see it this way. I should be allowed to uncap a cable modem that I bought. But the cable company has every right to ban me from using said cable modem with their network. I view jailbreaking and/or unlocking of cell phones in the same vein.

If AT&T wants to legally disallow people from modifying equipment, then it should consider renting out the equipment instead of selling it.
--
Blagojevich / Madoff 2012!


Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

said by pnh102:

said by Matt:

I see it this way. I should be allowed to uncap a cable modem that I bought. But the cable company has every right to ban me from using said cable modem with their network. I view jailbreaking and/or unlocking of cell phones in the same vein.

If AT&T wants to legally disallow people from modifying equipment, then it should consider renting out the equipment instead of selling it.
You just described why it's against the ToS to modify your iPhone. Sure you may be legally allowed to do it, but AT&T isn't obligated to allow you to connect it to their network. That is what the ToS states.


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

said by Matt:

You just described why it's against the ToS to modify your iPhone. Sure you may be legally allowed to do it, but AT&T isn't obligated to allow you to connect it to their network. That is what the ToS states.
And I have no problem with that. A lot of people use Google Voice with Wifi so they do not burn through minutes or rack up bytes on their cellular data connections.

AT&T and Apple banned Google Voice because it is a direct competitor to their offerings. But because there is a workaround, I do not see a need for the government to get involved.
--
Blagojevich / Madoff 2012!


Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

said by pnh102:

said by Matt:

You just described why it's against the ToS to modify your iPhone. Sure you may be legally allowed to do it, but AT&T isn't obligated to allow you to connect it to their network. That is what the ToS states.
And I have no problem with that. A lot of people use Google Voice with Wifi so they do not burn through minutes or rack up bytes on their cellular data connections.

AT&T and Apple banned Google Voice because it is a direct competitor to their offerings. But because there is a workaround, I do not see a need for the government to get involved.
We're running in circles here.

But the "workaround" requires you to break the ToS of the contract you signed. As Karl237 See Profile stated, there is no technical reason to deny Google Voice, it's a blatant anti-competitive move. So yes, that is what the government is for and why they should be involved.


ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
kudos:4

This point isn't about getting GV on your phone, it's about how GV is blocking access to some free conference numbers and should htey be deemed a telephone company.



fAcEtIOUs
Premium
join:2002-03-03
kudos:4

reply to pnh102

said by pnh102:

said by Matt:

Fortunately, as a society we're not allowed to ignore rules we are contractually obligated to follow just because we don't like them.
But no contract can override the law. If I own something, then I should be able to modify it. I understand that this will void the warranty and that the use of a modified device might cause other problems for me, but if the device is truly mine, then no one should be able to legally challenge my right to modify it.
Try changing a semi-automatic rifle to full automatic and see how far that argument gets you when the ATF comes after you. There are laws that prevent you from doing what you say in MANY, MANY areas(like modifying the power levels on radios where the FCC prevents it). Don't like the laws, then get them changed. But you can't ignore them in the meantime.
--
My BLOG .. .. Internet News .. .. My Web Page



Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

said by fAcEtIOUs:

But you can't ignore them in the meantime.
Technically, you CAN ignore them ...

Just be prepared for the repercussions of your actions.
--
"What is conservatism? Is it not adherence to the old and tried, against the new and untried?" - Abraham Lincoln


FBGuy
yippee ki yay
Premium
join:2005-03-19
Reviews:
·Comcast
·T-Mobile US
·AT&T U-Verse

said by Matt:

said by fAcEtIOUs:

But you can't ignore them in the meantime.
Technically, you CAN ignore them ...

Just be prepared for the repercussions of your actions.
and don't get caught.


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

reply to fAcEtIOUs

said by fAcEtIOUs:

Try changing a semi-automatic rifle to full automatic and see how far that argument gets you when the ATF comes after you.
Not to get too far off topic but we all know the government hasn't given a rat's rear end about gun rights for a very long time now.
said by fAcEtIOUs:

There are laws that prevent you from doing what you say in MANY, MANY areas(like modifying the power levels on radios where the FCC prevents it). Don't like the laws, then get them changed. But you can't ignore them in the meantime.
The laws regarding radio frequencies have nothing to do with modifying the equipment, but rather infringing on the rights of others who have paid for the frequency space they are trying to use.

But back to your first point, if the government continues to infringe on gun rights, what makes you think that more laws (i.e., the DMCA) which infringe on my rights as the owner of a device to modify it as I wish, won't be passed?
--
Blagojevich / Madoff 2012!


PaulTT

@151.198.208.x

reply to pnh102
What you fail to understand is that you don't OWN the software, you ONLY license it.



baineschile
2600 ways to live
Premium
join:2008-05-10
Sterling Heights, MI

reply to pnh102
You dont own it; you are leasing it from apple


axus

join:2001-06-18
Washington, DC
Reviews:
·Verizon Online DSL

reply to fAcEtIOUs
The examples you give are things prevented by law. He's talking about things prevented by terms of service. A better example would be early termination fees, which are to protect the company from a loss on subsidized hardware. I think there are plenty of things a contract can say that should not be enforceable.


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