The Law Against Unlocking Cellphones Is Anti-Consumer, Anti-Business, and Anti-Common Sense – Derek Khanna – The Atlantic

Some have argued that prohibiting unlocking phones is important to enforce contract law. But the DMCA is concerned with protecting copyrights. It has nothing to do with enforcing contract law. The law is being co-opted to serve the interests of one or two phone companies. And the contract argument is specious, even if you unlock your phone, you are still under contract with your cellphone provider, unlocking your phone has nothing to do with contract law and everything to do with basic property rights.

We must ask ourselves: “What specific limitations upon our personal freedom and liberty are we prepared to accept in the name of achieving the goal of protecting intellectual property?” Some limitations may be sound, and Congress should debate them on the record. Obviously, we do not have the right to copy books, movies and music and sell them. But other restrictions are invasive and have nothing to do with protecting intellectual property (like unlocking and jail-breaking your phone or adaptive technology for the blind to read). Restrictions upon the use of technology should receive strict legislative scrutiny because of its impact upon innovation and our personal freedom.

via The Law Against Unlocking Cellphones Is Anti-Consumer, Anti-Business, and Anti-Common Sense – Derek Khanna – The Atlantic.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.