–James Baldinger, lawyer for TracFone and other carriers They are concerned about traffickers that steal subsidies and in the end increase the cost of wireless consumers across the United States. In October, the Library of Congress issued final rule in which it states there are many unlocked phone options available to customers. "People will no longer have this solid shield created by the Copyright Office in the event they do get sued over this," he said.Ĭonsumers can still buy phones in an unlocked state, which is coincidentally one of reasons the Library of Congress, which handles DMCA rulemaking, supported this change.
In the same Wired article, Stoltz expressed his concern with the new regulations and said there's nothing preventing carriers from going after the individuals now. That's not the opinion of copyright lawyer Mitch Stoltz, however. "They are concerned about traffickers that steal subsidies and in the end increase the cost of wireless consumers across the United States." "The carriers' position has always been, it's never been about individual consumers," said James Baldinger, a lawyer for TracFone and other carriers, in an interview with Wired. Historically, carriers haven't gone after individuals for unlocking phones, but they have sued illicit businesses who bought phones by the thousands, unlocked them and shipped them overseas, according to Wired. But for the majority of consumers, it won't have much of an effect. Smartphone buyers can no longer legally unlock a phone purchased from one carrier then use it for a different carrier, unless they have permission.įor the commitment-phobic consumer who doesn't like to be tied down to one carrier for too long, the regulation could disrupt a way of life. 26, when new regulations went into effect. WASHINGTON - Smartphone consumers might have trouble moving from carrier to carrier while trying to keep the same phone, thanks to a recent adjustment to the Digital Millennium Copyright Act.Ī consumer's right to unlock a smartphone was a DMCA exemption until Jan. Reading or replaying the story in its archived form does not constitute a republication of the story. Information in the story may be outdated or superseded by additional information. This archived news story is available only for your personal, non-commercial use.
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