Copyright Office OKs unlocking
November 26th, 2006It would appear that albeit limited, consumers have now gained an ever so slight toehold under fair use again. It is nothing ground shattering as being able to make legal copies of audio and/or video works you already own for personal use. But a win never the less. These new exemption will begin November 27th, 2006 running though November 26th 2009.
These exemptions will go into effect upon publication in the Federal Register on November 27, 2006 and will remain in effect through October 27, 2009.
Item 5 is of the most interest to those of us dealing with phones, and mainly GSM phones (Cingular and T-mobile) at that.
5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.
This allows for circumvention of a phones software, or firmware, to use that device on another network. Meaning that phones for one carrier cannot be “locked” for use only on that specific carriers network. This does not say however that another carrier has to allow that phone to activated on there network. (i.e Transferring a phone between Sprint and Verizon.) It also does not affect the cost of having said device “unlocked”.
However small, it is a step in the direction of Consumer Rights that as of late we have seen being out weighted by that of the entertainment and media industries over the last several years. As always I encourage you to contact your State and Federal Representatives when ever an issue of Consumer Rights arises and let your voice be known. It can be these little victories that can trigger or build to a larger victory allowing for a balance in use by the consumer and copywrite holder.
Source:
Ruling on Anticircumvention - US Copyright Office
U.S. Copyright Office issues new rights - Yahoo News
Resource:
Copyright Office rules… can legally unlock cellphones - Engadget Mobile
Freedom Rings: Cellphones Must Be Unlocked - Gizmodo
Cell phone unlocking legal (for three years) - arstechnica
