On 10/31/07, Badri Natarajan <[EMAIL PROTECTED]> wrote: > I don't see how the DMCA would apply - it prevents circumvention of > technological measures intended to protect copyright. What copyright is > protected by a locked phone? (I don't know of a specific DMCA exemption > for phones, but it might exist)
The provision likely to be of most interest to consumers is the one allowing cell phones to be unlocked and used on other networks. The Copyright Office allowed this exception because the software that prohibits users from accessing their phone's firmware has little to do with copyright and much to do with a business model. "The underlying activity sought to be performed by the owner of the handset is to allow the handset to do what it was manufactured to do—lawfully connect to any carrier," writes the government in explanation. "This is a noninfringing activity by the user... The purpose of the software lock appears to be limited to restricting the owner's use of the mobile handset to support a business model, rather than to protect access to a copyrighted work itself." http://arstechnica.com/news.ars/post/20061124-8280.html I do believe it's because cell phone carriers were using the DMCA to lay the smack down on unlocking, as a scare tactic I would assume.
