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New I don't understand why you're so upset about this.
People aren't going to be thrown in prison for unlocking their phones. Even if the DMCA says they might be.

http://www.androidpo...hing-of-the-past/

Can I Unlock My Cellphone To Use It On Another Carrier?

Only if you buy the phone before January 26th, 2013. The exemption is going away for the next three years. The only caveat is that you have 90 days after the implementation of the new laws (which occurs on October 28th) to buy a phone and unlock it against the carrier's wishes. After that, and until 2015 at least, you'll need their approval. This actually ends a previous exemption that did allow the process. So, what happened?

Well, according to the Librarian, since the last round of exemptions, "case law has evolved." In fact, it didn't take too long. The last recommendation was released in July of 2010. In September of the same year, the case of Vernor v. Autodesk was successfully appealed. The new ruling stated that when you purchase a piece of software, you are merely licensing it and don't necessarily own the copy. This has a major implication for the first-sale doctrine. When you purchase a physical good, you are legally allowed to resell it (hence craigslist). If you purchase a license for a piece of software, however, you are not necessarily allowed to hawk your old wares. This mainly targets people who buy software in bulk and flip it for a profit, but the implications can undermine the claim that unlocking a phone qualifies as fair use.

That's not all though. The Register also argued that it may not even be necessary to allow users to unlock their phones:

The Register further concluded that the record before her supported a finding that, with respect to new wireless handsets, there are ample alternatives to circumvention. That is, the marketplace has evolved such that there is now a wide array of unlocked phone options available to consumers. While it is true that not every wireless device is available unlocked, and wireless carriers’ unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone. Thus, the Register determined that with respect to newly purchased phones, proponents had not satisfied their burden of showing adverse effects related to a technological protection measure.


In short, if you want an unlocked phone, you can buy one now [October 26, 2012]. You don't need to break the law in order to accomplish this. Unfortunately for us, this does matter. Part of the reason for these exemptions is to allow for things that aid consumer choice and innovation. If said choice already exists (in some form), the argument can be (and in this case was) made that the exemption is not necessary.

[...]

Unlocked phones, though, will be the big problem. Since carriers now have a bit more control over what's allowed on their network, they may try and enforce it more strictly. This doesn't affect already-unlocked devices, of course. If you buy a Galaxy Nexus on the Play Store and it's able to run on the network, you shouldn't have a problem. However, AT&T has no requirement to help you use your brand new GS3 on T-Mobile. Similar to root tools, this might also make it easier for carriers to pursue legal action against people who create software to unlock phones.

There is one exception, though:

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. At the same time, in light of carriers’ current unlocking policies and the ready availability of new unlocked phones in the marketplace, the record did not support an exemption for newly 21 purchased phones.


If you happen to have an older or "legacy" phone that is unlikely to receive an unlock code from the carriers, exemptions will be made that allow you to circumvent the software on those devices. It's a small saving grace, but a welcome one for the second-hand phone market.


FWIW.

Cheers,
Scott.

New I'm not upset. I'm annoyed
Because this is just the kind of idiotic legislation with chilling effects that has a habit of crossing the pond.

And anyway, whether I'm upset or not is immaterial.

This law does nothing for you, but does plenty for the poor beleaguered carriers.

It just makes it easier for them to screw you.
     Attn: Merkins! Tonight ends the tyranny of unlocked phones! - (pwhysall) - (19)
         DAFUQ!?!? -NT - (drook)
         Meh. - (Another Scott)
         so you unlock a verizon phone, your choices is sprint :-) -NT - (boxley)
         Not sure why this is a big deal - (malraux) - (14)
             DMCA for unlocking your phone? - (pwhysall) - (13)
                 like he said, you want an unlocked, pay for one -NT - (boxley) - (11)
                     Re: like he said, you want an unlocked, pay for one - (pwhysall) - (10)
                         Alternatively: - (malraux) - (9)
                             Eh? - (pwhysall) - (8)
                                 Similar to a lease - (malraux) - (7)
                                     But really... - (folkert) - (1)
                                         Re: But really... - (malraux)
                                     It's got nothing to do with the contract terms - (pwhysall) - (4)
                                         Things are different over here. - (Another Scott) - (3)
                                             Come, now. - (pwhysall) - (2)
                                                 I don't understand why you're so upset about this. - (Another Scott) - (1)
                                                     I'm not upset. I'm annoyed - (pwhysall)
                 Argue with the consequences, sure. - (malraux)
         Petition at White House to repeal the rule. - (Another Scott)

Only the Shamwow guy could have done it better.
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