 LightSPremium
join:2005-12-17
Greenville, TX
 ·Time Warner Cable
·RoadRunner Cable
| reply to silentlooker
Re: Time to arrest the developer of the program. Have you ever even read a contract that you sign for a mobile carrier? It states, nowhere in it, that they own the phone that you buy.
When you sign the contract, you are signing a service agreement. They are to provide you service, and they essentially give you a general list of limitations / general contract terms.
Why do people sign contracts? Purchasing a phone outright is very expensive. When you sign a contract, you are committing to pay X amount per month, for (usually) a 24-month term.
When you sign, you are also taking ownership of a phone for a subsidized price. This means that, in exchange for paying $199 for a phone (instead of $649) you are paying $199, and also promising you will be a customer for the terms established in your contract. |
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| Technically it don't need to say anything in contract. Just read DMCA law, the exemption for jail breaking seems to have expired this year. So technically it's illegal again. |
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 skeechanAi OtsukaholicPremium
join:2012-01-26
AA169|170
kudos:2
·Cox HSI
 ·Clear Wireless
| DMCA is irrelevant when it comes to circumventing DRM when the result is legal (such as installing legal software), so sayith the 5th Circuit. Circumventing DRM is illegal when the purpose is copyright infringement, which obviously isn't the case with the VZW phone.
»www.ca5.uscourts.gov/opinions%5C···.wpd.pdf |
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| 5th circuit ruling only applies to Louisiana, Mississippi and Texas. There are 47 other states which it do not cover. |
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Reviews:
·WOW Internet and..
 ·AT&T Midwest
 ·AT&T U-Verse
| reply to silentlooker
said by silentlooker:Technically it don't need to say anything in contract. Just read DMCA law, the exemption for jail breaking seems to have expired this year. So technically it's illegal again.
True, but Verizon was fined for having Google take down tethering apps, if there's an app out there to do this (which assumably can be downloaded over the LTE frequencies with the conditions on non-restriction), Verizon can't have it removed. |
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skeechanAi OtsukaholicPremium
join:2012-01-26
AA169|170
kudos:2 Reviews:
·Cox HSI
·Clear Wireless
4 edits | reply to silentlooker
VZW has presence in each of those states.
In any event, the DMCA reads "No person shall circumvent a technological measure that effectively controls access to a work protected under this title"...
Circumventing DRM must result in a Title 17 violation to violate the DMCA. Adding apps to a phone or changing its behavior doesn't violate any part of Title 17. It's no different than defeating cell phone carrier locks. |
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 RRedlineRated RPremium
join:2002-05-15
Williamsport, PA | reply to silentlooker
It is NOT illegal to jailbreak/root a phone. It does not belong to Verizon, AT&T, etc. They have no more right to tell me what I can do with my phone as Comcast has to tell me what to do to my television. Calm down and allow rationality to overcome your authoritarian nature.
Wireless companies should just focus on delivering voice and data services and quit trying to micromanage HOW people use those services. The reason they gave for locking the bootloader doesn't even make sense. People make a conscious decision to unlock it because there is something they WANT to do with their device that having it locked prevents.
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One nation, under Zod! |
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| reply to silentlooker
Go look up something called "precedent." |
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| said by treyatl2006:Go look up something called "precedent."
another court out of jurisdiction don't have to follow that precedent or no appeal court would ever disagree with each other. |
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| reply to silentlooker
Sounds like someone has a iPhone ha ha. Yes we do have custom roms! |
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| reply to silentlooker
No worries........
Q: The US incarcerates the largest percentage of its citizens as compared to other countries in the world. What's a few hundred thousand (or million) more DRM-evading phone-rooting criminals added to that?
A: A new world record!!!!
USA!
USA!
USA!
USA! |
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skeechanAi OtsukaholicPremium
join:2012-01-26
AA169|170
kudos:2 | reply to treyatl2006
Circuit court precedent is only binding to courts below THAT circuit. While other circuits may cite the opinion they are not bound to it. We saw this with rulings on the Healthcare affordability act. Only a SC ruling is binding to all the courts. |
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| reply to RRedline
said by RRedline:It is NOT illegal to jailbreak/root a phone.
You can root a phone without unlocking the bootloader. Unlocking the bootloader allows more control over custom ROMs and allows things like overclocking. |
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skeechanAi OtsukaholicPremium
join:2012-01-26
AA169|170
kudos:2 Reviews:
·Cox HSI
·Clear Wireless
| reply to openupshop
Good thing because Samsung totally abandoned my Galaxy S Wifi 5.0 the day it came out. No OS upgrades without resorting to custom firmware. Moto has been much more supportive with my Xoom but the difference in support between the two keeps me from investing in any Android handset. |
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