USA Today joined the fray in the battle against the unlocking ban interpretation of the Digital Millenium Copyright Act of 1998 that was reached by the Library of Congress in October 2012.
The USA Today Editorial Board sounded off on the issue on Wednesday, describing the rule as evidence of wireless providers’ hand in the government and wondering why the Library of Congress is even able to make decisions like that.
“Good question. There really isn't a good answer, other than that wireless providers have managed to get the Library of Congress, which oversees the U.S. Copyright Office, to do their bidding,” the board wrote.
They explained the good that comes from unlocking –– for travel or once a contract is fulfilled –– while acknowledging the reasons that locking makes sense for the providers –– like allowing carriers to hold customers to the contract agreements that allow us to purchase cheap subsidized smartphones –– even if those reasons do appear to be abused.
The DMCA, used to justify the ban, is what is being abused, the board said, explaining that the point of the 1998 law was to help media companies fight piracy, which is not the issue in unlocking cases.
“To state the obvious, people don't unlock phones to steal copyrighted material," the board wrote. "They do it to allow their phones to work on other networks. Nevertheless, the wireless industry prevailed upon Congress to include unlocking as an unlawful act, subject to periodic reviews by the Copyright Office and the Library of Congress.”
Sina Khanifar, the unlocking advocate and founder of Unlocking Petition, appreciates USA Today’s taking a stance, though he warns that measures currently on the table –– three separate bills, including one from the chair of the Senate Judiciary Committee who oversees these laws –– are not enough to do what he and USA Today believe is needed.
“Significantly, any exemption from the Librarian of Congress applies only to ‘acts’ of unlocking, and not to the tools and services that most individuals need to exercise their freedoms under the exemption,” Khanifar said in an emailed statement. “As such, the bill proposed by Rep. Goodlatte and Sen. Leahy allows for people to unlock their phones, but denies the services that would facilitate them to do so - a serious shortcoming. “
