George Hotz in 2007, right around the time he became the first person to unlock an iPhone. Image:?Scott Beale / Laughing Squid
It used to be taken for granted that a person?or ?consumer,? to adopt that Orwellian label for a moment?could buy a product and do with it what they wished. The beauty of the free market was supposed to be embodied in this type of innovation. But government regulation, corporate lobbying, and lawsuits have discouraged this activity, putting the fear of fines and prison time foremost on the minds of innovators.
Since the earliest days of personal computing, hardware and software enthusiasts have taken technology and warped it to their will. Technological toys were made to do things they were never created to do. It's the same idea as circuit-bending. But while?Casio doesn't pursue their customers for rewiring keyboards, other tech companies aren't so passive with their product users.
The same principle of curiosity drove George Hotz to jailbreak the Apple's iPhone and Sony's Playstation 3. Neither company was particularly excited about Hotz's work. In fact, Sony's lawsuit in reaction to Hotz's PS3 jailbreak?might be the perfect example of corporate control of consumers by way of user agreements, copyrights, and lawsuits.?The US District Court for the Northern District of California should also share some blame for its lapdog decision granting Sony a temporary restraining order against Hotz, preventing him from distributing jailbreak instructions.
When it comes to monied interests vs. the consumers who buy a business's products, the Hotz case reminded Americans who is in control. And both the overly-broad Digital Millennium Copyright Act?(DMCA) and Computer Fraud and Abuse Act?have become corporate heavy artillery in the Unlocking Wars.
But, thanks to H.R. 1892, the Unlocking Technology Act of 2013, Americans might soon wrest control back from Sony and their ilk. Users can thank Reps. Zoe Lofgren (D-CA), Thomas Massie (R-KY), Anna Eshoo (D-CA), and Jared Polis (D-CO) for recently introducing the bill into the House of Representatives.
H.R. 1892 would amend Section 1201 of Title 17 of the United States Code to read:
It is not a violation... to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person... to infringe copyright or to facilitate the infringement of copyright.
In other words, users are free to jailbreak or unlock their technological devices, as long as they do not infringe on copyright. It would also allow cell phone users to take their phone to new service networks, which was made illegal by the DMCA. Perhaps more importantly, creators of unlocking tools like George Hotz would also be protected under H.R. 1892. As it is now, these creators face fines up to $500,000 and prison terms that can go as high as five years.
Rep. Lofgren is one of the more tech-focused people in Congress.
?This bill reflects the way we use this technology in our everyday lives," Rep. Lofgren said. "Americans should not be subject to fines and criminal liability for merely unlocking devices and media they legally purchased. If consumers are not violating copyright or some other law, there's little reason to hold back the benefits of unlocking so people can continue using their devices."
Rep. Massie elaborated on Lofgren's sentiment, appealing to the conservative sense of property. ?Everyone should be free to use their personal property as they see fit and choose their preferred technologies without penalty," said Massie. "This bill rolls back excessive and out-dated prohibitions on otherwise lawful innovations that promote marketplace competition."
Sensible, right? It certainly is, especially when one considers that H.R. 1892 could potentially open up reform of DMCA, which, amongst other unintended consequences, has made it hard for individuals work with and fix their technological equipment.
Sony and other tech companies will probably lobby hard against the bill. If they had any sense about them, though, they'd recognize the value in encouraging user innovation. H.R. 1892 would also clearly protect their copyright interests, which is their main concern. Even so, it will be hard for companies to give up all the power they've had for so long.
Stay tuned for coverage of The Unlocking Technology Act of 2013?as it makes its way through Congress.
cyber monday lupus iCarly banana republic gap Victoria Secret Bath And Body Works
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.