In response to:

The Public Has Spoken – 100,000 Americans Sign WH Petition on Cellphone Unlocking

Michael in the P/R of ATL Wrote: Feb 23, 2013 8:09 AM
This is a ridiculous argument, and speaks to the "I'm entitled" mentality of our society. Phones ARE subsidized here in the US. The carriers take huge losses (in the case of smartphones), and make it up on the monthly fees. Anyone can buy an unlocked phone if they're willing to pay full-price for the phone. I hope conservatives and libertarians don't sign on to this thing. We need less entitlement, not more.
Wooster Wrote: Feb 25, 2013 9:57 AM
" and speaks to the "I'm entitled" mentality of our society"

Hardly. It speaks to the greed an duplicity of businesses that don't want you to know what they're selling you. You want to be FAIR? Force these companies to declare in clear terms that the product will only ever work with their service at the time of sale.

Every one of these phones comes with an expensive contract that recoups the cost of the phone. Once the contract is up, the consumer thinks they own the phone. Many are surprised to find that they cannot switch to a cheaper provider once their obligation is up.
scott s. Wrote: Feb 23, 2013 2:47 PM
No. Sec 1201 of copyright law (DMCA) is a give away to content monopolists. The "entitlement" that is given is to the monopolies (RIAA, MPAA etc). The constitution only allows for monopoly of "useful Arts" for "limited Times". Under current copyright law, "limited times" means forever.
DerekKhanna Wrote: Feb 23, 2013 9:59 AM
From the author: Phones are subsidized - yes. But this has nothing to do with that. If you buy a phone from AT&T and unlock it for international travel - you are paying the monthly fee same as any other customer. If you are deployed oversees same thing. Service providers have chosen to include contract clauses for early termination - customers can choose to utilize these clauses and pay a massive fee which makes the service provider whole.

If people violate their contracts then they are in breach of their contract and face the consequences of that.
mhubbard Wrote: Feb 23, 2013 9:55 AM
The huge monthly fees are to help pay for the free phones that the gov't gives out. That is why those without plans don't pay those huge fees.
Mark1963 Wrote: Feb 23, 2013 9:06 AM
Excuse Most of Reasonable People for living. The ONLY cell phones that are subsidized are those that Welfare recipients receive.

ALL OTHERS ARE Owned by those who carry them.

Your answer reveals that you DON'T understand what Entitlements really are.

So, Which World, or Alternate Dimension are you from where this is TRUE???
Galenical Wrote: Feb 23, 2013 9:58 AM
I think Michael just had poor word choice. I think he meant that the hardware is subsidized by the person buying the contract, not by government. I own my phone even though I paid no up front charge for that bit of hardware. Nothing is free. I think we are all on the same side here.

The argument in the article is anarcho-capitalist. I will agree with the A-C's that copyright law has gotten a bit out of hand. Should Apple be able to patent the shape of their smart phone? Only Apple can have rectangular phones with a screen? Of course not. Reforms are needed, certainly, but is this phone unlocking complaint reasonable? Maybe not..
Galenical Wrote: Feb 23, 2013 8:51 AM
Agreed. This is a contract law issue, not a copywrite law issue. Read your contract before you sign it.

However (always a however), TANSTAAFL. That "discount" you receive on the hardware is no discount. You pay for the hardware over the two year contract. Funny that ALL the carriers have similar if not identical "deals". Hmmm. Perhaps the real issue is anti-trust law.
DerekKhanna Wrote: Feb 23, 2013 10:02 AM
From the author: It is a copyright issue.

If it was a contract issue there wouldn't be this article. Contracts can pretty much do whatever. No one is petitioning against contracts saying anything with their service providers. Penalties against violating contracts may make sense to make the provider whole of course.

The problem here is that the federal government is dictating that a whole class of technology is illegal based upon "copyright law."
scott s. Wrote: Feb 23, 2013 2:49 PM
Of course. But it's a problem of bowing down to WIPO.

On January 26, 2013, the Librarian of Congress issued a ruling that made it illegal to unlock new phones. Unlocking is a technique to allow your phone to use a different carrier. Doing so could place you in legal liability for up to 5 years in jail and a $500,000 fine (specifically the Librarian of Congress allowed the existing exception to lapse). This prohibition is a violation of our property rights, and it makes you wonder, if you can’t alter the settings on your phone, do you even own your own phone?

The ruling is a clear example of crony-capitalism, where...

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