+ Reply
Page 1 of 2 12 LastLast
Results 1 to 20 of 39

Your favorite Apple, iPhone, iPad, iOS, Jailbreak, and Cydia site.


Thread: Just what are your rights with your devices? Fixing the DMCA

is a discussion within the

iPhone News

forums, a part of the

General iPhone

section;
After getting a petition passed (and rather favorably answered ) to "make unlocking cell phones legal," 27 year old Sina Khanifar has teamed up with digital rights advocates and other
...
  1. #1
    Owner / Founder - ModMyi
    aka poetic_folly
    Kyle Matthews's Avatar
    Join Date
    May 2007
    Location
    Tampa, Florida, United States
    Posts
    8,458
    Thanks
    562
    Thanked 4,750 Times in 1,210 Posts

    Default Just what are your rights with your devices? Fixing the DMCA


    After getting a petition passed (and rather favorably answered) to "make unlocking cell phones legal," 27 year old Sina Khanifar has teamed up with digital rights advocates and other organizations to go one step further and "fix the DMCA."

    The FixTheDMCA campaign, backed by organizations including the EFF, Y Combinator, reddit, mozilla, and saurik, is attempting to have section 1201 ("The Anti-Circumvention Provision") of the DMCA repealed. They note effects such as the clear and permanent legality of:

    • Unlocking cell phones
    • Jailbreaking phones, tablets, and game consoles
    • Screen reading software for the blind
    • Backing up DVDs

    Khanifar is a long-time unlocking champion, getting his early experience running a Motorola unlocking service (which we actually worked with him in regards to on our old site TheMotoGuide.com, and ModMyMoto.com). At that time, Motorola had approached him stating his actions were illegal, but after receiving only minor legal pressure back from Sina and help, Motorola backed down.

    While speaking about the campaign with Khanifar, he stated:

    I'm really glad we made it to the number of signatures needed and got such a great response from the White House. But I'm concerned politicians will fix unlocking without dealing with the root cause of the problem, which is the DMCA's anti-circumvention provisions. I'm hoping FixTheDMCA will help move the conversation to the larger issues, and precipitate a bigger amendment to section 1201 that'll fix a lot of the parts of the DMCA we tinkerers have been complaining about since the bill was passed.
    Jailbreaking has put a lot of attention on the DMCA exemption process in recent years (with unlocking another recent focus, and backing up of purchased DVDs an earlier one), with Apple actually attempting to declare jailbreaking illegal in 2009. The Librarian disagreed (with great supporting arguments on the jailbreak side from mozilla, the EFF, and saurik among others), as they did again in 2012 (for phones, at least - not tablets). ModMyi.com also discussed the need for jailbreaking after the 2010 decision.

    It's interesting to note, while most major media outlets like to say things which didn't get exempted were "declared illegal," that is not actually true at all. "Not declared exempt" is quite different from "was explicitly declared illegal."

    In 2009 Fred von Lohmann of the EFF had this to say about Apple's "jailbreaking should be illegal" claims, and his words ring just as true today:

    One need only transpose Apple's arguments to the world of automobiles to recognize their absurdity. Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their Miatas frequently exceed the legal speed limit.

    But we'd never accept this corporate paternalism as a justification for welding every car hood shut and imposing legal liability on car buffs tinkering in their garages. After all, the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy.
    The whole thing doesn't pass the common sense test, and FixTheDMCA.org is an attempt to urge lawmakers to champion a better solution (fully repealing section 1201). From the website you can learn of their position, tweet your legislators, and email your legislators as well asking for change.

    ModMyi.com fully supports the efforts of FixTheDMCA.org - our community's name speaks to our tinkerer mindset; we love modifying our gear. Modifying, hacking, customizing - however you term it, the practice makes something we already love even more intensely ours. It's an approach which has driven innovation for ages.


    Source: FixTheDMCA.org
    Last edited by Kyle Matthews; 03-06-2013 at 03:32 PM.
    .


    ↑ ↑ ↓ ↓ ← → ← → B A [select] [start] Kyle Matthews

  2. The Following User Says Thank You to Kyle Matthews For This Useful Post:

    ohthatguyagain (03-07-2013)

  3. #2
    Super Duper Moderator blkcadi's Avatar
    Join Date
    Aug 2008
    Location
     Valley of the Sun, ARIZONA ♥♥♥
    Posts
    29,678
    Thanks
    3,450
    Thanked 9,176 Times in 5,680 Posts

    Tweeted and emailed my reps. Fingers crossed.

  4. The Following User Says Thank You to blkcadi For This Useful Post:

    ohthatguyagain (03-07-2013)

  5. #3
    My iPhone is a Part of Me Feanor64's Avatar
    Join Date
    Jul 2010
    Location
    Louisiana
    Posts
    608
    Thanks
    834
    Thanked 447 Times in 234 Posts

    u can already unlock your iphone when u get done with the contract. what is the big deal here? jeez man if u dont want to wait, then buy a non subsidized iphone. lol although i do agree, u should be able to back up dvds u own. i guess people are just trying to get an unlocked iphone for 199....bottom line is that if u dont want to follow a carriers terms, then dont sign their contract. people need to stop acting like they are forced into this. you guys want it both ways, and the car analogy in the article doesnt really apply to this, because when u buy an iphone, u are using the carrier that helped u obtain it at a cheaper price. its around 60 percent off what the maker, which is apple says it should sell for. now when is the last time that u walked into a dealership and bought a brand new chevy silverado for 12000 dollars? it aint gonna happen stop complaining!!!! the only thing this is gonna do is make carriers raise prices so gee thanks guys...

  6. #4
    Green Apple
    Join Date
    Nov 2010
    Posts
    54
    Thanks
    2
    Thanked 3 Times in 2 Posts

    Feanor64, this has been beat to death, burned, buried, dug up, beat again, burned again. Please don't comment you will change no ones mind let everyone think what they want and chose what they want. I don't think it's about jumping ship or boning carriers it's about choice.

  7. #5
    *T*
    *T* is offline
    Grumpy *T*'s Avatar
    Join Date
    Nov 2011
    Location
    Turn around slowly...
    Posts
    667
    Thanks
    119
    Thanked 47 Times in 38 Posts

    ...backed by organizations including the EFF, Y Combinator, reddit, mozilla, and saurik...
    Saurik is not an organization.

  8. #6
    Superbad Modder-ator Simon's Avatar
    Join Date
    Nov 2007
    Location
    Bermuda
    Posts
    45,603
    Thanks
    6,254
    Thanked 14,168 Times in 6,640 Posts

    Quote Originally Posted by *T* View Post
    Saurik is not an organization.
    SaurikIT LLC

  9. #7
    My iPhone is a Part of Me vinaygoel2000's Avatar
    Join Date
    Mar 2009
    Location
    Tampa, FL
    Posts
    747
    Thanks
    396
    Thanked 76 Times in 61 Posts

    Quote Originally Posted by Feanor64 View Post
    u can already unlock your iphone when u get done with the contract. what is the big deal here? jeez man if u dont want to wait, then buy a non subsidized iphone. lol although i do agree, u should be able to back up dvds u own. i guess people are just trying to get an unlocked iphone for 199....bottom line is that if u dont want to follow a carriers terms, then dont sign their contract. people need to stop acting like they are forced into this. you guys want it both ways, and the car analogy in the article doesnt really apply to this, because when u buy an iphone, u are using the carrier that helped u obtain it at a cheaper price. its around 60 percent off what the maker, which is apple says it should sell for. now when is the last time that u walked into a dealership and bought a brand new chevy silverado for 12000 dollars? it aint gonna happen stop complaining!!!! the only thing this is gonna do is make carriers raise prices so gee thanks guys...
    Here's the big deal: I buy an iPhone 5 from AT&T for $199 with a 2 year contract. One of my high school friend is getting married in India and I'm most definitely attending. For that one week in India, I want to be able to pop in an Indian SIM card and use it for a week. When I come back, I pop in my AT&T SIM card and keep on going with my contract. Currently I cannot do this.

  10. #8
    Owner / Founder - ModMyi
    aka poetic_folly
    Kyle Matthews's Avatar
    Join Date
    May 2007
    Location
    Tampa, Florida, United States
    Posts
    8,458
    Thanks
    562
    Thanked 4,750 Times in 1,210 Posts

    This is about much more than unlocking, which the previous petition was focusing on. This is about repealing section 1201 ("The Anti-Circumvention Provision") of the DMCA.

  11. The Following User Says Thank You to Kyle Matthews For This Useful Post:

    ohthatguyagain (03-07-2013)

  12. #9
    Green Apple
    Join Date
    Nov 2010
    Posts
    54
    Thanks
    2
    Thanked 3 Times in 2 Posts

    Exactly right, I understand and fully support staying in the contract you sign up for but I shouldn't have to pay 5 dollars a minute or 22,000 in data charges if and when I travel abroad.

  13. #10
    Theme Creator Jahooba's Avatar
    Join Date
    Jun 2009
    Posts
    2,880
    Thanks
    1,407
    Thanked 1,679 Times in 830 Posts

    I didn't sign the unlocking petition because it doesn't affect me in the slightest - but a petition to fix the DMCA? I'll definitely sign that.

  14. #11
    Green Apple twitchee3's Avatar
    Join Date
    Jun 2009
    Location
    Hollywood
    Posts
    52
    Thanks
    2
    Thanked 6 Times in 4 Posts

    Quote Originally Posted by Feanor64
    u can already unlock your iphone when u get done with the contract. what is the big deal here? jeez man if u dont want to wait, then buy a non subsidized iphone. lol although i do agree, u should be able to back up dvds u own. i guess people are just trying to get an unlocked iphone for 199....bottom line is that if u dont want to follow a carriers terms, then dont sign their contract. people need to stop acting like they are forced into this. you guys want it both ways, and the car analogy in the article doesnt really apply to this, because when u buy an iphone, u are using the carrier that helped u obtain it at a cheaper price. its around 60 percent off what the maker, which is apple says it should sell for. now when is the last time that u walked into a dealership and bought a brand new chevy silverado for 12000 dollars? it aint gonna happen stop complaining!!!! the only thing this is gonna do is make carriers raise prices so gee thanks guys...
    Who, exactly, are you talking to? This article is about the DMCA, and your rant is certainly not...

    Quote Originally Posted by vinaygoel2000 View Post
    Here's the big deal: I buy an iPhone 5 from AT&T for $199 with a 2 year contract. One of my high school friend is getting married in India and I'm most definitely attending. For that one week in India, I want to be able to pop in an Indian SIM card and use it for a week. When I come back, I pop in my AT&T SIM card and keep on going with my contract. Currently I cannot do this.
    Actually, to my understanding, all AT&T iPhone 5's are locked ONLY within the United States. Although I have yet to test this (I will in May, as I'll be in Europe all summer), iPhones from AT&T that are "locked" are only locked in the US. If you leave the country, you're supposed to be able to pop in the sim of your choice and it'll work just fine...

  15. #12
    Superbad Modder-ator Simon's Avatar
    Join Date
    Nov 2007
    Location
    Bermuda
    Posts
    45,603
    Thanks
    6,254
    Thanked 14,168 Times in 6,640 Posts

    Quote Originally Posted by twitchee3 View Post
    Who, exactly, are you talking to? This article is about the DMCA, and your rant is certainly not...



    Actually, to my understanding, all AT&T iPhone 5's are locked ONLY within the United States. Although I have yet to test this (I will in May, as I'll be in Europe all summer), iPhones from AT&T that are "locked" are only locked in the US. If you leave the country, you're supposed to be able to pop in the sim of your choice and it'll work just fine...
    Nope. AT&T locked iPhone 5's are indeed fully locked. I am not in the US and know this first hand. They can easily be unlocked though.

  16. #13
    iPhone? More like MyPhone romeo_herman's Avatar
    Join Date
    Mar 2009
    Posts
    293
    Thanks
    2
    Thanked 42 Times in 15 Posts

    Quote Originally Posted by twitchee3 View Post
    Actually, to my understanding, all AT&T iPhone 5's are locked ONLY within the United States. Although I have yet to test this (I will in May, as I'll be in Europe all summer), iPhones from AT&T that are "locked" are only locked in the US. If you leave the country, you're supposed to be able to pop in the sim of your choice and it'll work just fine...
    Yeah "locked" to at&t it's mean if you leave the country is still ''locked'' to at&t, you can pop in the sim of your choice but it will say "no service".

  17. #14
    The Big D NewdestinyX's Avatar
    Join Date
    Jan 2012
    Posts
    8,521
    Thanks
    3,094
    Thanked 7,590 Times in 3,871 Posts

    Quote Originally Posted by twitchee3 View Post
    Actually, to my understanding, all AT&T iPhone 5's are locked ONLY within the United States. Although I have yet to test this (I will in May, as I'll be in Europe all summer), iPhones from AT&T that are "locked" are only locked in the US. If you leave the country, you're supposed to be able to pop in the sim of your choice and it'll work just fine...
    Your "understanding" is incorrect, Twitch.
    Here to help if I can. If I can't I know someone who can!

  18. #15
    My iPhone is a Part of Me vinaygoel2000's Avatar
    Join Date
    Mar 2009
    Location
    Tampa, FL
    Posts
    747
    Thanks
    396
    Thanked 76 Times in 61 Posts

    Now Verizon iPhone 5's are fully unlocked but I talk and surf simultaneously much more than I go abroad.

    Quote Originally Posted by Simon View Post
    They can easily be unlocked though.
    U talking about chronic unlocks?

  19. #16
    Green Apple twitchee3's Avatar
    Join Date
    Jun 2009
    Location
    Hollywood
    Posts
    52
    Thanks
    2
    Thanked 6 Times in 4 Posts

    Quote Originally Posted by Simon View Post
    Nope. AT&T locked iPhone 5's are indeed fully locked. I am not in the US and know this first hand. They can easily be unlocked though.
    Interesting. I forget exactly where I read this, but I think it was a service offering factory unlocks for the iPhone 5 (seems like the last organization that would tell you your phone is already unlocked for certain purposes, which is the main reason I didn't feel the need to confirm this with AT&T right away). Looks like I'm gunna have to pay for an unlock this summer... I'll call AT&T first just to make sure though.

    EDIT: Found the article, and I think it's something everyone might benefit from reading. When I originally read the article, it indicated that this was the stock format of all AT&T iPhone 5's (unlocked abroad by default), but since then they've apparently looked into the matter a bit further and discovered that you must contact AT&T to take advantage of in-contract overseas unlocks. According to these guys, you can call AT&T and they will unlock your iPhone 5 (while under contract) for use overseas, though it will remain locked to AT&T within the United States for the duration of your contract. Couldn't hurt to try I suppose, I'll be contacting AT&T about this shortly.

    Source: http://keys2iphone.com/blog/2013/02/...eady-unlocked/

    Quote Originally Posted by NewdestinyX View Post
    Your "understanding" is incorrect, Twitch.
    What's with the winky face? Sorry dude, I'm sure you think you're pretty clever, but you come off as a bit creepy.
    Last edited by twitchee3; 03-06-2013 at 09:37 PM.

  20. #17
    The Big D NewdestinyX's Avatar
    Join Date
    Jan 2012
    Posts
    8,521
    Thanks
    3,094
    Thanked 7,590 Times in 3,871 Posts

    Quote Originally Posted by twitchee3 View Post
    Source: http://keys2iphone.com/blog/2013/02/...eady-unlocked/

    What's with the winky face? Sorry dude, I'm sure you think you're pretty clever, but you come off as a bit creepy.
    You never change Twitchey. Always predictable. But thanks for the article.
    Here to help if I can. If I can't I know someone who can!

  21. #18
    Superbad Modder-ator Simon's Avatar
    Join Date
    Nov 2007
    Location
    Bermuda
    Posts
    45,603
    Thanks
    6,254
    Thanked 14,168 Times in 6,640 Posts

    Quote Originally Posted by vinaygoel2000 View Post


    U talking about chronic unlocks?
    Among others, yes.

  22. #19
    The Big D NewdestinyX's Avatar
    Join Date
    Jan 2012
    Posts
    8,521
    Thanks
    3,094
    Thanked 7,590 Times in 3,871 Posts

    The trick in all this is In understanding what you own and what you don't own with your phone. The only people that truly "own" their iPhones are people that pay full retail price for them to have no contract and be fully unlocked. Those people "fully own" their iPhones. People who pay the subsidized lower rate are truly only "leasing" their iPhone if you read the user agreements carefully. This is why they can tell us what to do with unlocking and even one day jailbreaking possibly.

    They are on less stable ground, legally, with the purchase of iPads. We "fully own" our iPads. They can't tell us "squat" to do with something we fully own. No legal case against someone jailbreaking their iPad could ever win in a court of law in United States.

    The unlocking a subsidized iPhone issue is much more ironclad legally on the part of the carriers with or without the DMCA rulings.
    Think of the $199, $299, $399 as a down payment on the lease of your leased car. It's just the same thing, gang. You don't own anything.
    Last edited by NewdestinyX; 03-07-2013 at 08:20 AM.
    Here to help if I can. If I can't I know someone who can!

  23. #20
    Green Apple twitchee3's Avatar
    Join Date
    Jun 2009
    Location
    Hollywood
    Posts
    52
    Thanks
    2
    Thanked 6 Times in 4 Posts

    Quote Originally Posted by NewdestinyX View Post
    You never change Twitchey. Always predictable. But thanks for the article.
    Actually, we are all changing, constantly, in every moment. That is the only concrete aspect of this reality, constant change. Well, except you being able to predict my comments. You should be working on the Large Hadron Collider in Cern man, what are you doing on MMi if you can predict such things?! I guess it makes sense when you consider that everything is connected, and we are all one... This is the main reason I try not to take things too seriously, and just be happy in the moment, after all, this moment is all we'll ever have. Time is an illusion, and I love trolling

    But thanks for judging me, again, stranger I have never met...

    Best regards to you sir =)
    Last edited by twitchee3; 03-07-2013 at 12:52 PM.

Posting Permissions
  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts