At Tech Crunch's recent CrunchGov event in San Francisco, FCC Chairman Julius Genachowski voiced his concerns about the Digital Millennium Copyright Act's ban on unlocking mobile phones. Genachowski told Tech Crunch's Gregory Ferenstein that the FCC is ready to look into whether or not the DMCA-mandated ban is detrimental to competition and innovation. Genachowski said, "It’s something that we will look at at the FCC to see if we can and should enable consumers to use unlocked phones."
Although the unlocking of phones was previously protected from the long arm of the DMCA by the Library of Congress, the exemption was overturned last year. While it remains legal to unlock phones purchased before January 2013, devices acquired after that date are now covered under the ban. The move was met with a groundswell of criticism from the public, many of whom objected to facing penalties for unlocking devices they own, subsidized by their carriers or otherwise.
At the heart of the debate is the issue of ownership. A 2010 decision by the US Court of Appeals for the Ninth Circuit maintains that users do not own the software that they use. Rather, they license it from the software provider. Consumers who unlock newly purchased mobile phones are now vulnerable to penalties including a $500,000 fine and up to five years in jail.
A recent petition on the White House's official website gained more than 100,000 signatures, the minimum required to demand an official response from the federal government, though it remains to be seen if the Library of Congress is willing to reverse its decision under the weight of its widespread unpopularity.
Melissa Grey is a lover of all things cats, comics, and outer space. She can be found on MyIGN at MelissaGrey or lurking on Twitter @meligrey.
Source : feeds[dot]ign[dot]com
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