Comment Re:DMCA was always flawed ... (Score 2) 129
The DMCA was so badly written as to more or less entrench rent-seeking and remove property ownership from consumers.
Instead of saying "yes, you bought this product, it's yours", they've entrenched the "oh, you've only licensed it and we will tell you how you're allowed to use it".
Sorry, but if I bought it, I retain right of first sale. Which means I should be able to do anything I want with it, because it's my property.
This becomes much more interesting in 2014 than it was when the DMCA was first passed. Back in those days, "mobile software" was typically shipped on a CD, and installed on a mobile device by way of a docking station. This is far less common now than it was at that time. Moreover, the "this product is yours" logic becomes murky with tablets and other similar tech. I ran into this recently myself. A friend of mine gave me a tablet. He got it in a BOGO sale last year at Verizon Wireless; said BOGO sale only required a one year contract. The contract was fulfilled, and he gave it to me as a gift. As a T-Mobile subscriber, I was hoping to put my SIM card into it and use my data plan. Despite Verizon having no further claim to ownership on the device, the tablet was SIM unlocked, but had the ability to manually add APNs disabled. Thus, they can legally claim "SIM unlocked", but without rooting and manually editing the build.prop file, I can't add an APN to actually use another carrier.
Even beyond that oddly specific example, many tablets are largely dependent on other services. Samsung phones, if wiped without some sort of 'blessing' from Samsung, go into a locked state that require either reflashing or login. This is all well and good, but is removing that restriction technically a DMCA violation? Is the existence of a technological barrier the correct means to determine ownership of a device? On the other hand, if one were to modify a phone's baseband in such a way that has it working on the wrong frequencies, or configured in order to make a mess of the cell tower, does the "it's my phone" argument still hold? If a device is symbiotically linked to online services (it's quite a pain to use an Android device without a Google account, or an iPhone without iCloud, in their default states), how does the use of those services come into play with regards to the expectations of functionality?
Meh, this is why I'm still a Windows Mobile fan at heart - for all its faults, it ACTED like the device belonged to the owner, not Microsoft.