Entries Matching: Mobile Innovation

Does Congress Mean to Enforce Particular Business Models with Copyright Law?

At a hearing on unlocking phones, some suggest that Congress added laws against circumventing access controls not just to fight piracy, but in order to protect particular business models. Businesses use this argument to justify using copyright law to criminalize activities that don't actually infringe copyright.

Up until last year, unlocking a cell phone so that it could be used with a different carrier was perfectly legal. That changed when the Librarian of Congress decided no longer to include it in a list of exceptions to the Digital Millennium Copyright Act (DMCA), which forbids the circumvention of technology that controls access to copyrighted works. The Librarian's decision has sparked a great deal of controversy, and lead to several proposed bills that would once again make it legal to unlock cell phones. In a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet last Thursday, Congress heard testimony about one of these bills, and about the practice of unlocking phones.

Subcommittee Vice Chairman Tom Marino began the hearing by framing the considerations on each side in terms of their effect on the market and existing business models, pitting the promise of a more competitive marketplace that phone unlocking allows against the ability of carriers to recover the cost of subsidizing phones.

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CTIA’s Beta Tests App For Responding to Policy Issues On Our Bandwidth Caps White Paper.


Every now and then, somebody responds to something we did or said with such an inappropriate bullet point that we can only laugh. These often read like someone tried to use some application for picking key words and matching to bullet points, but the App is clearly still in Beta.

The response of CTIA-The Wireless Association to our White Paper on Usage Based Pricing, aka bandwidth caps, surpases even these usual whacko responses. It ought to win some kind of prize. Perhaps the "Please Check your Magic Eight Ball Again" Award, given for a response that not only demonstrates that you failed to look at the executive summary and conclusion, but actually confuses people who did.

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