It's now illegal to unlock your cell phone
Have you ever thought about unlocking your cell phone? If so, you should know it's now illegal to do that.
Most of the phones you get from your wireless service are "locked." The phone will only work on that company's voice and data network, unless you "unlock" it - a fairly simple process that enables that phone to work on other wireless networks.
Late last month, the U.S. Copyright Office and the Library of Congress announced that unlocking a cell phone violates the Digital Millennium Copyright Act - a law designed to fight digital copyright infringement.
Critics say this doesn't make sense, but unlocking your cell phone is now against the law. ABC News says those who violate the law could face civil action from their phone carrier or criminal charges if they modified phones for commercial gain.
If you want an unlocked phone, you can buy one from the major carriers - they just cost a whole lot more because you aren't locked into their service.
For example, you can get an unlocked iPhone5 from Apple and Verizon for $649.
More Info:
It's Illegal to Unlock Your Cellphone
Most of the phones you get from your wireless service are "locked." The phone will only work on that company's voice and data network, unless you "unlock" it - a fairly simple process that enables that phone to work on other wireless networks.
Late last month, the U.S. Copyright Office and the Library of Congress announced that unlocking a cell phone violates the Digital Millennium Copyright Act - a law designed to fight digital copyright infringement.
Critics say this doesn't make sense, but unlocking your cell phone is now against the law. ABC News says those who violate the law could face civil action from their phone carrier or criminal charges if they modified phones for commercial gain.
If you want an unlocked phone, you can buy one from the major carriers - they just cost a whole lot more because you aren't locked into their service.
For example, you can get an unlocked iPhone5 from Apple and Verizon for $649.
More Info:
It's Illegal to Unlock Your Cellphone
What should be illegal is the prices some of these carriers charge. That is down right criminal.
"Late last month, the U.S. Copyright Office and the Library of Congress announced that unlocking a cell phone violates the Digital Millennium Copyright Act - a law designed to fight digital copyright infringement."
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Yeah let's let the Supreme Court rule on this one.
So if you pay for an unlocked phone does it come with proof that it was unlocked by the company and not by you? (This may be a dumb question since I know nothing about technology!)
And the Chinese just keep laughing at us American's all the way to the bank.
@Magic 8 Balldogon skippy. Â I just bought a chinese phone. Â I cannot wait until it gets here. Â If it works then I will have a phone I can use any way I want to. Â If it doesn't I will go back to cheap throw away phones. Â I will never have a phone contract with any carrier, and I will never spend more than $150.00 for any phone period.
 @Magic 8 Ball They especially laugh at your inability to properly spell Americans.
I live in Virginia and have a contract with nTelos. My daughters' phone broke and when I called them about options for getting a replacement, they told me that I could bring in ANY phone ( except ones that use a SIM card or no contract ) and for $40 they could "flash" it. i.e. "unlocking" it from the former carrier and transferring their software on it to make it an nTelos locked phone. How is this okay but not for consumers to do?
 @I hate fractions CDMA devices are not subsidy locked, because the device must be registered with the carrier to be activated. There is not point to locking them.
We bought our phones....We own them...If we want to unlock them, and goto another Service, We should have the right, and not have to pay this idiotic Fine + Jail time!
 @Alexandra Shepiro The only counterargument I can see with this thinking is: all of our phones are subsidized by the phone carriers, unless you purchase it at full market price, i.e. the unlocked price. Therefore, these wireless carriers are paying lots of money to ensure that we use their service. If we paid full price for the phone, then absolutely we should be allowed to do with it what we wish, but when it's subsidized as much as they are today, I am not sure we can win that argument. On the other hand, if the terms are not laid out in the contract we sign when we purchase the phone, I would assume we can do with it what we wish. I'm interested to see how this plays out.
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 @cyclops  @Alexandra Shepiro Why don't you take your "You're too cheap" act and stick it where the sun don't shine. You're an arrogant wind-bag, so shut up, already.
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 @NW-Economist @cyclops  @Alexandra Shepiro Well, I got mad the other day, when my son backed my car into a cement wall,  but I didn't run around yelling at everyone, calling them "cheap" and accusing them of being "special."
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I yelled at one person only.
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 @Jayne Brennan  @cyclops  @Alexandra Shepiro He's just mad because he sees where the market is headed and he knows that crApple's huge verdict against samsung has already been reduced, and will probably be thrown out. He sees the coming of crApple as nothing more than a patent troll company.Â
 @cyclops  @Alexandra Shepiro The contract says you either fulfill the terms or pay early termination fees. It says nothing about unlocking the phone and the carriers have no manufacturer coding rights. Ignore this cyclops troll, he wants to pretend that he's a lawyer since his app business failed.Â
 @NW-Economist The only part of my app business that has failed is the Android side of it because Android users are too cheap to fork over a couple of bucks for an app....which is why the bought the phone in the first place....cheap.
Since when does the Library Of Congress Make Laws??? SIcne when were they elected????
 @Alexandra Shepiro Digital Millennium Copyright Act was enacted by Congress. You elected them.
 @cyclops  @Alexandra Shepiro Don't listen to cyclops, in his mind the library of congress IS congress. He fails to realize they are  a meaningless bureaucratic entity and that the copyright office is an administrative agency attempting to issue a rule which will be thrown out when challenged in federal district court in that it is unconscionable.Â
 @seattleemt  @cyclops It's OK, he doesn't understand economics, when companies compete prices naturally lower (or become free supported by related revenues), he and crApple seem to want to fight this so they think that becoming a patent troll is a worthwhile business model. But we know where that road leads. My guess is this guy admires Oracle.Â
 @cyclops  @NW-Economist Wow, how completely ignorant. Calling Android users not bright because we choose to use free apps. Some of the best apps are free. In case you were wondering, every app store - be it apple, android, blackberry, etc all have "free apps."
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An app isn't your phone, it is an extra. You pay for your phone, you own it out right. These companies telling you the phones cost several hundred dollars to make are full of crap.Â
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Judging by your defense of the cell phone industry I assume you are employed by them. You have a lot to learn about sonny, until you do I suggest you keep your mouth shut lest you prove to us just how ignorant you are.
 @NW-Economist Keep it going...it just confirms with my other hard facts that Android users just aren't that bright.  You do love that word  unconscionable.  Time to get a dictionary out and find some other ones to use.
Doesn't the law apply just to phones purchased after January 27, 2013?
Ok, 2 years or so contract is over now the phone belongs to you or does it?
 @Crimsonkid it does and you can ask the carrier to unlock it, assuming your account is in good standing most carriers will do this for you. The article is poorly written by somebody who didn't take the time to understand the implications and dispel any myths.
This is one reason I never allow myself to get sucked into the cellphone hype. Its an utter joke all around.Â
A contract between a phone company and user should be enforceable legally, that doesn't mean it should have the effect of breaking a law. It is a civil offence.
I know classical business strategy calls for increased customer exit barriers, when possible, but making it a law takes away from our history of competitive business and competition.
this is so wrong my phone i paid for it i do what i want with it.
 @GrImMjAwÂ
No you did not pay "full price". If you signed a contract, which you did, you have to follow it. If you buy a phone you agreed to the terms, which if it is locked, you agreed to. Try reading what you agree to before you scream later.
 @Alex Clayton  @GrImMjAw Actually I singed a contract with tmobil and paid full price for my phone. tmoble no longer gives discounts on phones. you either pay for it outright or pay monthly payments til its paid off so in the end your still paying for it in full so I dont think this is right.
 @Alex Clayton  @GrImMjAw The "terms" state that consideration for the subsidized price is the early termination fee, not a lifelong order to avoid unlocking the phone. That is unconscionable and will be thrown out in court, as administrative agency decisions often are.Â
This is stupid. In Europe by law phones have to be unlocked and im willing to pay in full for my phone for this feature.
 @Alex Clayton  @GrImMjAw Wow, unbelievable. You can't seem to grasp simple concepts. Lets try this, if something doesn't exist, then it doesn't exist.
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If this isn't in a contract that you sign then it doesn't matter. If they add it later as a term you have to agree to without giving anything in consderation, then only fools would be bound by it....
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No wonder YOU believe in this!
 @NW-Economist  @Alex Clayton  @GrImMjAwÂ
It's not in the contract, it's in the agreement when you buy the phone. You just keep using Wikipedia as a Lawyer. Should give the Judge a real good laugh when you start telling him you read it on Wikipedia.
Public Schools have really done a number on this country.
 @Alex Clayton  @GrImMjAwÂ
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The contracts don't even say anything about this, that's why crApple lobbied to get this decision from these agencies.Â
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However, it will most likely never be enforced and the first time it is it will be trashed.
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Learn how the world works:Â http://en.wikipedia.org/wiki/Unconscionability
 @GrImMjAw Pay full price...simple
If you buy the phone outright, its yours, you should be able to do whatever you want with it. This wouldn't stop me from unlocking a phone.
 @Dredd57 Pay full price...simple
 @cyclops  @Dredd57 They already do pay full price by agreeing to the contract which means they'll pay all months of service or the early termination fee. You really don't get it do you?
 @cyclops  @NW-Economist Cyclops, you come across as a very angry person. You should learn how to converse without sounding like such a prick. You got no class, buddy.
 @cyclops You must be deep in the "out" field then, rofl.Â
 @NW-Economist I'm not in the tech field....I'm in the field of making money. Â
I use an eight year old flip phone that does just what I need it to do and no more. Except for the small screen it's a better phone than most of the ones produced today. When I switch carriers they always always want me to upgrade but so far I always I decline tell them that I want to keep my old phone or I will go to another carrier. So far so good, but I know, it will die on me someday.
its my phone that i bought and was taxed for. wheres the consumer rights. you should be able to use any option on the phone shouldn't you. whats next hours in a day you have to go out the front door of your house and not use the back door. its social structuring and segregation
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 @leinad If you weren't so cheap you could buy an unlocked phone and do anything in the world you want with it. Â
 @cyclops  @leinad By fulfilling the contract the phone becomes unlocked. Or they can unlock it by breaking the contract and paying the early termination fee, which is the consideration for the subsidized phone price. Either way the phone is never really in a legally "locked" state.Â
That is pure bullcrap. Just another racket set up by the phone carriers to get more money!
Cyclops, does this mean that my marvel comics which are copyrighted can not be passed on to others (friends and family)? I'm not selling them so marvel is not in competition with me, or verse vice. Phone copyright refers to using the code and changing names so the orginal manufactures code is compromised.
 @whatdaheck Read...Digital Millennium Copyright Act .
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We are not talking about comic books here.
 @cyclops  @whatdaheck Read.... the DMCA was written by Congress, not the administrative agency that is issuing the opinion in the article. This administrative rule will be challenged and thrown out in US district court. Learn basic copyright and contract law.Â