Jan. 26
2013

DMCA Ruling (Only for Customers from USA)

DMCA

Digital Millenium Copyright Act

As you may have heard, there has been some changes to the law regarding unlocking of cell phones affecting individuals in the USA. As of January 26th, 2013, it will be illegal to unlock devices that are manufactured from this date onwards for USA phones, phones made BEFORE this date are still 100% okay to unlock. This law can be completely ignored by clients outside of the USA in foreign countries. This is part of the DMCA ruling, more info can be read here: https://s3.amazonaws.com/public-inspection.federalregister.gov/2012-26308.pdf

How you may protect yourself against this law? For one thing, each and every wholesaler, reseller, dealer, etc with a store front or online front selling unlock codes should have some type of disclaimer to protect themselves from scrutiny such as: “Due to the recent legislation passed by the Library of Congress for the Digital Millenium Copyright Act (DMCA), we are forbidden to unlock devices that were manufactured on January 26th, 2013 and later. We will not be held liable for unknowingly unlocking a device that was made from this date onwards. We invite you to sign the petition to make unlocking 2013 cell phones legal: https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7 (please share with your friend)”

Please note this is not a legal advice and for all legal inquries, its BEST to contact a lawyer as we do not provide legal services.

However Electronic Frontier Foundation attorney Mitch Stoltz told EnGadget: “What’s happening is not that the Copyright Office is declaring unlocking to be illegal, but rather that they’re taking away a shield that unlockers could use in court if they get sued.” This does make lawsuits much more likely according to him, but it’s still up to the courts to decide the actual legality of phone unlocking. Indeed, it’s a grim day for those who want true freedom over their own devices. Stoltz said to EnGadget, “This shows just how absurd the Digital Millennium Copyright Act is: a law that was supposed to stop the breaking of digital locks on copyrighted materials has led to the Librarian of Congress trying to regulate the used cellphone market”

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