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Starting Today: It’s Illegal to Unlock Your Phone

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Starting Today: It’s Illegal to Unlock Your Phone

from JoeUser Forums

 

 

Every three years, the Copyright Office reviews the rules for unlocking and jailbreaking your phone as part of the review of rules that the DMCA mandates.

This time they determined that there were enough unlocked phones for sale, and therefore unlocking your own without the permission of your carrier would be illegal.

Proponents of unlocking argued that “some devices sold by carriers are permanently locked and because unlocking policies contain restrictions and may not apply to all of a carrier's devices."

The Copyright Office wasn’t buying: "with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."

They did (on Oct. 28th of 20120) give consumers a 90 day period to unlock their phones without permission. They upheld the ruling that jailbreaking (running unauthorized apps) would still be legal, although it could certainly void your warranty (iPhone is the main phone affected by jailbreaking).

The jailbreaking rule was not extended for tablets because the proposed definition for a tablet was too broad.

You can sign a petition to ask the Copyright Office to reverse its decision based on the argument that “the resale value will be reduced while they have already been been purchased by the user, will force exorbitant roaming fees and reduce consumer choice.”

The petition has about 7,000 signatures but needs another 93,000 by Feb. 23rd in order to receive a formal White House response.

Source:

http://www.pcmag.com/article2/0,2817,2414699,00.asp

178,234 views 74 replies
Reply #26 from Stardock Forums Top

 

Couldn't have said it better Jafo, Doc....

 

kona, it has nothing to do with ownership, but everything to do with usage terms.  I fail to understand the logic that if you pay for something it inherently becomes yours with no limitations (sometimes we pay for a service do we not?).  What you pay for in a cell-contract is the usage under their terms.  Again, unless you are buying the phone outright, this is a no-contest.  Unless ownership is explicitly defined and stated in a purchasers agreement I don't see how it is relevant that you 'think' it should be yours to do with as you please.  O:)

Reply #27 from WinCustomize Forums Top

Except if you default on the service contact they let you keep the phones and don't really care what you do with them.

Star Control: Origins
Reply #28 from Stardock Forums Top

Quoting Jafo, reply 21
Doc....don't blind Kona with Latin....you can often get the same results with English....
End of Jafo's quote

True, but it's a quote... 

actus reus = "bad act" or "evil act".

mens rea = "bad/evil mind set or intent."

Quoting kona0197, reply 22
Is this not a debate? Are we not allowed anymore to state our opinions? I'm kinda confused here.
End of kona0197's quote

No... the OP was a statement of fact to warn folks, and prevent problems for them that might occur from ignorance of the change in the status quo.

You are always entitled to your "opinion" or your interpretation as long as you make clear that it is just that.

Debating a fact by denying it or the fact of law/regulation would entail an explanation on your part as to why you believe your interpretation is the correct/more correct one. 

Quoting Jafo, reply 23
Contracted phones from a Telco are NOT 'bought'.  At best they are LEASED.
End of Jafo's quote

Precisely. Just as with a rented property. If you make one sided changes, and the owner doesn't like them, guess who has to pay to undo your changes: You.

 

Reply #29 from WinCustomize Forums Top

Quoting DrJBHL, reply 28
Quoting Jafo,
reply 23
Contracted phones from a Telco are NOT 'bought'. At best they are LEASED.

Precisely. Just as with a rented property. If you make one sided changes, and the owner doesn't like them, guess who has to pay to undo your changes: You.
End of DrJBHL's quote

Looked at the paperwork and it stipulates that Shaunna and I will own our phones when the contract expires, so until then we are tied to the service provider, not that it's a problem to either of us. Our current plan is quite generous and the service and coverage is good, so we have no complaints. However, I would like to unlock mine at contract's end so that I can retain my plan should I so choose, but also be able insert a PAYG SIM card with the telco most family and friends use to take advantage [for them and me] of the free evening chat times between users of the same network.  While I/we can call them without charge the same is not true for them... and I really don't want to have to use the POS I had before to keep that option open, it's jut too unresponsive and difficult to use.

Reply #30 from WinCustomize Forums Top

Quoting starkers, reply 29
Looked at the paperwork and it stipulates that Shaunna and I will own our phones when the contract expires,
End of starkers's quote

Yes, that's the way it generally works...;)

Reply #31 from WinCustomize Forums Top

Reply #32 from WinCustomize Forums Top

Quoting kona0197, reply 27
Except if you default on the service contact they let you keep the phones and don't really care what you do with them.
End of kona0197's quote

That's because they charge you for a early termination fee.

The termination fee normally equates to the difference of the retail cost of the phone minus the price you paid for it.

In the long run it's cheaper to buy an unlocked smart phone. At the end of most contracts in the US you'll have paid $500.00 to 1000.00 more than if you bought an unlocked phone and went with a provider like Virgin.

Reply #33 from WinCustomize Forums Top

I bought a Samsung Galaxy Proclaim at Walmart for $179.00. Prepaid service, so the phone is unlockable from the get go.

 

I get great unlimited everything for 45 a month, and I have great service, so I have no need to jailbreak.

 

But it should be legal to do, since I bought it no contract.

Reply #34 from WinCustomize Forums Top

Quoting CarGuy1, reply 32
That's because they charge you for a early termination fee.
End of CarGuy1's quote

What if you don't pay the early termination fee? All they can do is send you to collections and even then they can't get money out of you if you don't want to pay. And then they still don't care what happens to the phone. You could have it flashed to another carrier and go about your business.

Reply #35 from Stardock Forums Top

Quoting kona0197, reply 35
What if you don't pay the early termination fee?
End of kona0197's quote

If you contract for a subsidized phone, then break said contract and do not pay the termination fee, you do not own the phone. They may not expend the effort to get it back, but it's still their property.

Reply #36 from WinCustomize Forums Top

Well that still will not stop people from taking that phone to another carrier and having it flashed over to their service. It happens frequently around here. I don't think this law will stop it. I will make jailbreaking a phone illegal, but it will not stop people from jailbreaking phones.

Reply #37 from WinCustomize Forums Top

Quoting Jafo, reply 30

Quoting starkers, reply 29Looked at the paperwork and it stipulates that Shaunna and I will own our phones when the contract expires,

Yes, that's the way it generally works...
End of Jafo's quote

True, but not all carriers [Telstra, Optus, etc] actually say so.

Quoting CarGuy1, reply 32
In the long run it's cheaper to buy an unlocked smart phone. At the end of most contracts in the US you'll have paid $500.00 to 1000.00 more than if you bought an unlocked phone and went with a provider like Virgin.
End of CarGuy1's quote

Depending on the carrier and the plan you choose, that's usually the way it goes, but our current plan [$68 per month for 2 handsets] includes unlimited calls and texts to mobiles and landlines within Australia 24/7, so the packege is quite generous, and given our usage [Shaunna rings her daughter in Tasmania several times a week, mobile to mobile], the phones will likely have cost what we would have paid for an unlocked one.  At one outlet they were asking $699 for unlocked Nokia Lumia 820's, that was like $1400 for us both, so for mine, the contract we decided upon was reasonably cost effective, and we have two new smartphones with more than ample calling/texting.

Reply #38 from WinCustomize Forums Top

Quoting kona0197, reply 36
Well that still will not stop people from taking that phone to another carrier and having it flashed over to their service. It happens frequently around here. I don't think this law will stop it. I will make jailbreaking a phone illegal, but it will not stop people from jailbreaking phones.
End of kona0197's quote

Well, if you don't mind breaking the law, the discussion's moot - isn't it.

Reply #39 from WinCustomize Forums Top

Quoting kona0197, reply 36
Well that still will not stop people from taking that phone to another carrier and having it flashed over to their service. It happens frequently around here. I don't think this law will stop it. I will make jailbreaking a phone illegal, but it will not stop people from jailbreaking phones.
End of kona0197's quote

 

even in the US jailbreaking is not illegal. unlocking became illegal in the US yesterday. can't see how this will affect an indiviual person though. the companies that offer this service will just not writing bills and therefore not paying taxes.

not paying the termination fee is serious though. hard to believe such habits will not end up in a database and sooner or later you won't get credit anyware. might even end up in jail if a debt collector chooses to use the justice system. ;)

Reply #40 from WinCustomize Forums Top

for the Australians:

if those Aussie ski bums here aren't talking complete bullshit: your consumer rights require the carriers to unlock post-paid phones at any time you wish. some ask for a fee, some don't.

here in Austria unlocking any phone by any method is perfectly legal.

and in Israel selling locked phones is illegal :D

Reply #41 from WinCustomize Forums Top

Quoting DrJBHL, reply 38

Quoting kona0197, reply 36Well that still will not stop people from taking that phone to another carrier and having it flashed over to their service. It happens frequently around here. I don't think this law will stop it. I will make jailbreaking a phone illegal, but it will not stop people from jailbreaking phones.

Well, if you don't mind breaking the law, the discussion's moot - isn't it.
End of DrJBHL's quote

I don't know hat kona is saying that he'd break this law personally, just that there'll be an element who will, much like the moonshiners during the days of prohibition, and the millions of unlicensed drivers on roads all around the world. In some cases, a law is seen purely as an invitation to break it... on principle.

Many people think the law is an ass and therefore flout it.  I think the law is an ass in so many instances, but I don't tempt fate and break those laws I'm in disagreement with because it would be my luck to get caught each and every time, and prison garb just wouldn't suit me

So yeah, those laws are a deterrent to myself and like-minded others, but not everone thinks that way... its an adventure to see how many times they can get away with it.  Sadly, I have a son who thinks that way, despite being brought up differently.

Reply #42 from WinCustomize Forums Top

Quoting moshi, reply 40
for the Australians:

if those Aussie ski bums here aren't talking complete bullshit: your consumer rights require the carriers to unlock post-paid phones at any time you wish. some ask for a fee, some don't.
End of moshi's quote

Ski bums?  What?  We're going through a fricking heat wave, so the only skiing here right now is on water....

As for carriers unlocking phones out of contract, yeah, most charge for the service, anything up to 50 bucks, depending on the carrier. However, if we return to the store where the missus and I purchased the phones I'm sure they'd unlock them for gratis when the contract's up... they're good like that.

Reply #43 from WinCustomize Forums Top

Quoting starkers, reply 42
Ski bums?  What?  We're going through a fricking heat wave, so the only skiing here right now is on water....
End of starkers's quote

 

that might be the reason why they come here in winter (on the upper half). ;)

Reply #44 from WinCustomize Forums Top

Quoting moshi, reply 39
even in the US jailbreaking is not illegal. unlocking became illegal in the US yesterday.
End of moshi's quote

Every three years, the Copyright Office reviews the rules for unlocking and jailbreaking your phone as part of the review of rules that the DMCA mandates.

This time they determined that there were enough unlocked phones for sale, and therefore unlocking your own without the permission of your carrier would be illegal.

Proponents of unlocking argued that “some devices sold by carriers are permanently locked and because unlocking policies contain restrictions and may not apply to all of a carrier's devices."

The Copyright Office wasn’t buying: "with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure."

They did (on Oct. 28th of 20120) give consumers a 90 day period to unlock their phones without permission. They upheld the ruling that jailbreaking (running unauthorized apps) would still be legal, although it could certainly void your warranty (iPhone is the main phone affected by jailbreaking).
End of quote

Reply #45 from WinCustomize Forums Top

???

 

Quoting DrJBHL, reply 44
They upheld the ruling that jailbreaking (running unauthorized apps) would still be legal
End of DrJBHL's quote

Reply #46 from WinCustomize Forums Top

Or they could just wait here 'til the heat wave's gone... there's ski resorts here in Victoria and New South Wales that compare favourably with many in Europe and the US... Aspen and the like.  It's not something that I'd participate in, however... brittle bones, arthritis and a spinal condition aren't exactly conducive to the sport.  Besides, it's not something I think too many 60 year olds take up to pass away Winter days.

Reply #47 from WinCustomize Forums Top

Quoting moshi, reply 39
not paying the termination fee is serious though. hard to believe such habits will not end up in a database and sooner or later you won't get credit anyware. might even end up in jail if a debt collector chooses to use the justice system.
End of moshi's quote

Not possible. There is no debtors prison here in America. You can't go to jail for owing a debt.As for a database that would keep track of those that default and do not pay their termination fees that already have that. Goes on a credit report and downgrades your credit for 7 years. After that all is well.

 

Reply #48 from WinCustomize Forums Top

Quoting kona0197, reply 47

Quoting moshi, reply 39not paying the termination fee is serious though. hard to believe such habits will not end up in a database and sooner or later you won't get credit anyware. might even end up in jail if a debt collector chooses to use the justice system.

Not possible. There is no debtors prison here in America. You can't go to jail for owing a debt.As for a database that would keep track of those that default and do not pay their termination fees that already have that. Goes on a credit report and downgrades your credit for 7 years. After that all is well.

 
End of kona0197's quote

 

looks like the US is a paradise for parasites then. hope they can at least arrest people for committing fraud, because that's what you are doing if you don't intend to pay the bill anyways.

Reply #49 from WinCustomize Forums Top

What if the person who at first gets the phone on good credit, has it for 6 months, than loses his job? He has no income so he can't pay the early termination bill. And the phone company still does not want the phone back.

They do investigate fraud here, and it is punishable by law with a fine and jail time but they don't consider not paying a bill to be fraud. It's simply a matter of the unpaid and defaulted bill going to collections. All they can do then is garnish 5 to 10 percent of your wages or submit your debt to the credit reporting companies thereby ruining or having a bad effect on good credit for 7 years.

 

Reply #50 from WinCustomize Forums Top

I'm sure that if the person demonstrated such a situation, the phone company might even extend credit or come to a compromise... another good reason to keep a good credit rating.