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Once every 3 years, the Library of Congress reviews various policies and can make laws based on copyrights and patents. In October of 2012, they reviewed the Digital Millennium Copyright Act (DMCA) and determined that unlocking a cellphone from a carrier altered the device's software and was therefore unlawful, unless off contract. They said it would be illegal to unlock a smartphone without the carrier's permission starting January 28, 2013. Of course, if I were to figure out the process and do it myself, I would likely be safe. However, if I were to build a business model around this and start unlocking other's phones for a fee, I would definitely get sued.
That brings us to where we are today. This ruling has caused an uproar on the internet. In the USA, it's difficult to buy an unlocked phone without having to import it. This means that most people would buy a phone through a carrier or carrier locked, unlock it, and then use it.
The uproar caught the attention of the Federal Communications Commission (FCC). The chairman of the FCC, Julius Genachowski, said in an interview with TechCrunch that "the ban raises competition concerns; it raises innovation concerns." This is a fair point as this means that a carrier can get a hot item and prevent their competition from even seeing them in their store, i.e. AT&T's stranglehold on the Lumia 920.
If their analysis comes to what I would consider a sane conclusion, they should decide that T-Mobile, AT&T, and pay as you go consumers in the US may start sharing phones again. This would open competition up between the "Big 4" (Verizon, AT&T, Sprint, and T-Mobile) to get more phones that their consumers want, if only to keep them locked in another 2 year contract. It will also give US consumers an easier time choosing a phone off contract.
What do you think? Does your country do it differently? Have you found yourself wanting a phone in the US but your carrier doesn't have it? Sound off in the comments!
