After January 26, 2013, United States consumers may not on the purchase of a new contract mobile phone unlocking (with different telecommunications operators providing services), it will be regarded as illegal. According to legal sources said the telecommunications industry, telecommunications operators will not unlock and the future questions to individual consumers to initiate proceedings. October 2012 the Digital Millennium Copyright Act (DMCA) is adjusted, United States Copyright Office no longer exempt users unlock the contract behavior. Official gave a 90-day grace period, which means that adjusted the Bill to come into effect on January 26, 2013.
The Act provides that “bypassed” Telecom network technology (that is, controlling network access built-in software) behavior is illegal, because it is the telecom network technology determines the phone can use operators to provide telecommunications services.
However, all for consumers as usual. In 2006, unlocking access to legal immunity for the first time; and then again in 2010 to be exempted. In fact, the Telecom consumer is never unlocked contract them to court, who has no intention of suing consumers in the future. But, unlocked enjoy immunity when recovery and unlocked mobile phone transfer to overseas companies would be punished–telecom operators and handset manufacturers can put on the Court such “broker” company gaodao.
However, the Electronic Frontier Foundation (Electronic Frontier Foundation) copyright law miqi·shituoerci (Mitch Stoltz) to express its concern. Because, as long as the operator is willing to, they can prosecute individual consumers at any time, you can also stop providing consumers with contract mobile phone unlock service–legally there is no obstacle.
Eric Stoltz said in a telephone interview: “consumers shield has been in the hands of copyright administration to recover. If the defendant to court, they will be difficult to win. ”
However, telecom operators have to Copyright Office last year said that they are not opposed to consumer unlocked contract phone. But there are still many telecom operators to provide unlocking services for consumers, and can adhere to. In addition, telecom operators be reassessed every three years of the DMCA unlocks the exemption provisions.
Zhanmusi·baodingge (James Baldinger) is a telecommunications company TracFone copyright lawyers and other telecom carriers, he said in a telephone interview: “telecommunication operators have been able to give legal gun of weapons of individual consumers, any litigation, investigations, and enforcement of judgments will not be directed against them. Telecom operators more worried phone cheaper reselling them subsidies (contract cell phones enjoy a telecom operator price subsidies), and ultimately the United States wireless service costs. ”
Copyright Office to adjust the Digital Millennium Copyright Act, another reason is that many carriers and handset manufacturers to sell unlocked cell phones at the same time, also provide unlock services contract for their users.
Copyright Office last October, said: “not every wireless device at the time of sale have been unlocked and carrier unlock policy is not completely portable, but facts show that consumers can get through numerous channels has to unlock the phone.
New law effective as of local time Saturday, that is, contracts purchased after January 26, 2013, mobile phones will be subject to the new Act limits.
Even in unlocked enjoy legal immunity when many companies providing unlocking services will also be telecom operators and handset manufacturers to court. This is because unlocking the exemption only applies to individual consumers and their legally acquired equipment.
This exemption also applies to “escape”. Although the Copyright Office allows mobile escapes in order to protect individual consumers, but theoretically, company or group for technology development and dissemination of escape can be sued-although like Apple and Google (micro-blog) mobile phone developers to avoid prosecution of such companies or bodies.
Zhanmusi·baodingge, TracFone companies throughout the United States 12 88 launched Federal Court action against the mobile phone dealers, because these defendants sold unlocked TracFones phones to consumers. Ultimately, the Court issued a sales ban, a total of 205 enterprises involved, as well as some personal fines exceed $ 305 million.
So far, telecommunications giant t-mobile has launched 38 103 accused proceedings involving mobile phone buying and eventually won 34 of them. Court orders permanent injunction, while t-mobile access to 131 million dollars compensation. Sprint 8 lawsuits filed against 36 mobile phone dealers, and access to more than $ 27 million in reparations.
Local time Thursday, someone had launched a petition on whitehouse.gov to find phone unlock legal immunities.