Cell Phone Unlocking

If your cell phone contract just expired and you are now month to month and 'free' to switch to another provider, it may be as easy as a phone call to your current provider to request your phone to be unlocked. If you are not out of contract but want to switch providers OR are travelling internationally and intend to use the phone on a different carrier network for a period of time, beware of possible copyright infringement liability if you try to unlock the phone yourself.

As a result of inaction by the Library of Congress to extend an exemption, as of January 26, 2013, unlocking a phone on your own is illegal. However, on March 4, 2013, the White House issued a statement that they have taken note of this inconvenience and is asking Congress to take action for the benefit of cell phone users nationwide. The FCC may also issue some regulatory action to preserve the prior exemption until new laws are in place.

Although cell phone providers indicate it should not be difficult for a user to contact them and ask for an unlock, as most consumers know, the wait times for customer support and/or endless transfers from one representative to another is time consuming. Furthermore, not all physical store locations are convenient, nor are the available when travelling internationally. The convenience factor is huge and should not impose any hardship on the cell phone provider, except for the chance to talk to you to change your mind - if you are leaving their service.

Copyright Alert System - Six Strikes System

If you are notorious for downloading movies, music, games, books . . . your ISP may be contacting you soon. As this is not as threatening as receiving a cease and desist letter, or even a lawsuit, from a major studio or publisher, this may be a good thing.

In an effort to decrease litigation and increase education, certain ISPs look to give users several chances to understand and correct any possible illegal behavior, before possibly being sued.

As noted in the Verge article, once a copyright owner identifies an IP Address of a user that is hosting content without permission, they will alert the ISP. It will then be up to the ISP to determine how to proceed with alerting the user, at the IP Address provided, to educate them on the possible inappropriate behavior and/or impair their services for a period of time.

If the ISP is contacted about a specific IP Address six times, thus the 'six strike system,' the ISP may forgo further alerts and may warn the user that a content owner may pursue legal action and that the ISP may be forced to reveal the user's contact information.

To the extent a user does reach the 'six strike' mark, the content owner will be in a much better position to suggest to the court that the user was well aware of their activity and failed to correct their behavior. Accordingly, if it gets to that stage, the user may have a tougher time to defend themselves by saying 'they didn't know what was going on.'

Overall, the education angle should help reduce any inappropriate behavior and hopefully save a lot of legal fees.