Locked Phones: Why, if you bought your phone do you really not own it?
Until this January you could unlock your own cell phone, and do what you want with it — it is yours after all, you paid for it. But wireless carriers banded together last year to have a law passed where now unlocking the digital lock on your phone is illegal. You have to get permission from your carrier to do it.
This is the same type of digital locks that are being used by car companies to prevent you from going to your local garage ( rather than the more expensive dealership ) to have your car repaired, tuned or modified — but that law will soon be changing in Massachusetts. This is called a carrier lock, also known as a SIM lock or subsidy lock.
Basically if you download music on your smartphone, you can’t sell that music or transfer it to another device. You own the right to listen to it, but you don’t own the right to “re-sell” it. You can move it to another device providing that it is the same carrier and you are extending your contract.
Many people are now up in arms over this and are turning to civil disobedience as I way to fight this law. Sina Khanifar said in a recent blog (http://sina.is/unlocking-phones/ ) that Motorola is suing him, and according to Sherwin Siy, an attorney for Public Knowledge, they can do that. Please read an article from Mr. Siy about this issue, it’s worth it. (http://publicknowledge.org/blog/cell-phone-unlocking-root-problem-and-solutio)
More Information
(From the San Francisco Bay Guardian 2.20.13 )
Free the cell phones! Sign the petition
A San Francisco entrepreneur is trying to get the Obama administration to overturn a stupid anticonsumer law that protects cell phone makers and phone companies.
Sina Khanifar, is (mentioned above) co-founder of opensignal, has collected more than 80,000 signatures on a White House petition calling for a restoration of the right to "unlock" a cell phone -- that is, to alter its programming so it can be used on a different carrier's network.
It is, Khanifar told me, a fairly simple issue: If I buy a cell phone, it ought to be mine to use as I wish -- and if that includes taking it apart, rewiring it, or changing the programming, that's my business.
As he notes:
Intuitively we understand that once we’ve purchased a product it’s up to us how we use or modify it. Replacing the hard drive on a Macbook may invalidate our warranty, but it isn’t, and shouldn’t be, illegal.
But under a recent ruling by the Library of Congress, which oversees parts of the Digital Millenium Copyright Act, cell phone companies have the right to demand exclusive use of the devices.
That means when you buy a phone from, say, Sprint, it comes with a code that ensures it will work only on Sprint's network. You can't take that same phone and move your account to, say, Verizon or AT&T; you'd have to buy a new phone.
Khanifar has made something of a business out of resetting phones to work on other networks, which is particularly useful for people who are moving or traveling out of the country, where it often costs a fortune to use a US cell phone. Several years ago, Motorola tried to sue him -- but with the help of a pro bono lawyer, he was able to beat the giant company back.
But the new rules mean someone who tries to change the code on a device he or she legally owns can be subject to as much as five years in prison and a $500,000 fine. Cell phone companies say the law is needed to protect their interests; after all, that smart phone you bought for $99 when you signed a contract with your carrier actually retails for about $700. You get the discount by signing a contract to use the company's network for a period of time, typically two years.
But Khanifar says -- correctly -- that those contracts already include hefty cancellation fees that more than cover the investment the company made in giving you a discounted phone. In other words, he says, this is a corporate giveaway that undermines consumer rights. Ultimately, it will take an act of Congress to change the rules, and so far, only one member, Rep. Peter DeFazio (D-Oregon) has shown any interest. "But right now, we're just trying to get this on the administration's radar," Khanifar said.
He needs 100,000 signatures to get an official White House response, and the deadline is Feb. 23. Sign up. Below in GREEN.
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Definitions: Locked Phones (Summary from howstuffworks.com)
Although there are several types of "locks" that can apply to a phone, the most talked-about type is a carrier lock, also known as a SIM lock or subsidy lock. Many phones sold by carriers come "locked" to that carrier. A "locked" phone can only be used with that carrier; it cannot be used with another carrier's service. (Not counting roaming.) This lock can usually be removed by entering a special code or numeric password. In some situations, some carriers will supply this code upon request by the customer; not all carriers will do this. There are also third-party companies that sell such codes, or other types of unlocking services.
Another type of "lock" is a keypad lock, which prevents accidental key presses in a pocket or purse. This type of lock is usually de-activated by pressing or holding down one or two specific keys.
A third type of lock is a security lock. This lock is like a typical "password", to prevent someone other than the owner from using the phone. If activated accidentally, the user manual or carrier customer service can usually tell you the default code.
Typical default codes include the last four digits of your phone number, the last four digits of your social security number, "1234", or "0000".
Articles about “How to Unlock a Cell Phone” (from its Carrier):
http://www.howstuffworks.com/how-to-tech/how-to-unlock-cell-phone.htm
http://www.ehow.com/how_6945782_unlock-locked-phones.html
Will You/ Would You Unlock Your Phone — even if it is illegal?
http://news.cnet.com/8301-17938_105-57565899-1/friday-poll-will-you-unlock-your-phone-when-its-illegal/
Related articles:
The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone: http://www.theatlantic.com/business/archive/2013/01/the-most-ridiculous-law-of-2013-so-far-it-is-now-a-crime-to-unlock-your-smartphone/272552/
Make Unlocking Cell Phones Legal: https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7
Motorola Tried to Sue Me For Unlocking Phones: http://sina.is/unlocking-phones/
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Joanna @ TechPayout.com