Wednesday, November 14, 2007

Locked vs. Unlocked

The New York Times has a very interesting article discussing the various point's of view when it comes to unlocking cell phones. They pose a fundamental question: Does locking the phone protect copyright or is it merely a way to stifle innovation?

From the Article:

A subsection of the Digital Millennium Copyright Act of 1998 could be interpreted as saying that anyone who unlocks a phone for someone else or tells others how to do it might face legal action.

Some legal scholars ... have argued that interpreting the act that way has little to do with protecting copyrights, and more to do with limiting competition. The Librarian of Congress, the office that determines what things are covered under the copyright act, exempts the unlocking of mobile phones from the law.

Several recent cases support Professor Crawford’s view. In one of those cases, Lexmark, a printer manufacturer, tried to use the act to sue a company that made compatible ink cartridges. In another, a garage door opener manufacturer tried to sue a rival company for making a universal door opener.

In both instances, federal courts ruled that these cases were not about preventing copyright infringement, but rather about stifling competition, Professor Crawford said.