Friday, August 17, 2012

Verizon's Locked Galaxy S3 Bootloader Unlocked - So, Why did Big Red Bother Again?

Re: Time to arrest the developer of the program.

said by Rambo76098:

Once I sign the contract, it ceases to be Verizon's phone. The device is mine, and I'm legally entitled to do with it as I please. Hence the iPhone jailbreaking decision.

No the phone is still Verizon unless you outright purchased it. It 's your phone once the contact ends or you just buy it out. The contract that you signed with Verizon defines who owns the phone and what you can do with it.
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Have you ever even read a contract that you sign for a mobile carrier? It states, nowhere in it, that they own the phone that you buy.

When you sign the contract, you are signing a service agreement. They are to provide you service, and they essentially give you a general list of limitations / general contract terms.

Why do people sign contracts? Purchasing a phone outright is very expensive. When you sign a contract, you are committing to pay X amount per month, for (usually) a 24-month term.

When you sign, you are also taking ownership of a phone for a subsidized price. This means that, in exchange for paying $199 for a phone (instead of $649) you are paying $199, and also promising you will be a customer for the terms established in your contract.

Re: Time to arrest the developer of the program.

5th circuit ruling only applies to Louisiana, Mississippi and Texas. There are 47 other states which it do not cover.
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4 edits

Re: Time to arrest the developer of the program.

VZW has presence in each of those states.

In any event, the DMCA reads "No person shall circumvent a technological measure that effectively controls access to a work protected under this title"...

Circumventing DRM must result in a Title 17 violation to violate the DMCA. Adding apps to a phone or changing its behavior doesn't violate any part of Title 17. It's no different than defeating cell phone carrier locks.

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said by silentlooker:said by Rambo76098:

Once I sign the contract, it ceases to be Verizon's phone. The device is mine, and I'm legally entitled to do with it as I please. Hence the iPhone jailbreaking decision.

No the phone is still Verizon unless you outright purchased it. It 's your phone once the contact ends or you just buy it out. The contract that you signed with Verizon defines who owns the phone and what you can do with it.
Wrong. I see you either don't have a postpaid phone, or haven't read your contract. The ownership of the phone is transferred at the time you sign the agreement, which is why if it breaks outside the mfg warranty, you have to pay for the repair or replacement, not the carrier. Same if you lose it or physically damage it, you are on the hook.

If the carrier retained ownership, we would all be paying device lease fees like you do with most dsl/cable/satellite equipment. We pay a lease fee, the company owns the equipment, and is responsible for proper function of the device in case of equipment failure (not caused by physical damage) without regard to manufacturer warranty.

The phone becomes yours, but you agree to the prorated ETF if you break the contract prior to the end of the contract term. Hence why we don't have to return phones when we change service or end a contract early.

Re: Time to arrest the developer of the program.

said by LightS:

Are you serious? LOL

Yes and no. I didn't see DMCA exemption for jailbreak getting renewed this year. If that is still the case then technically what this developers are doing is illegal.

Re: Time to arrest the developer of the program.

said by silentlooker:said by LightS:

Are you serious? LOL

Yes and no. I didn't see DMCA exemption for jailbreak getting renewed this year. If that is still the case then technically what this developers are doing is illegal.
Just because something isn't specifically said to be legal doesn't mean it's illegal. The jailbreaking exemption expiring doesn't mean that jailbreaking is illegal. All it means is that the exemption, which specifically said that there could be no DMCA claims against jailbreaking, isn't there anymore.

By your logic, wearing a bright yellow shirt would be illegal unless there is a specific statute saying that wearing it is legal.

Re: Time to arrest the developer of the program.

said by ISurfTooMuch:said by silentlooker:said by LightS:

Are you serious? LOL

Yes and no. I didn't see DMCA exemption for jailbreak getting renewed this year. If that is still the case then technically what this developers are doing is illegal.
Just because something isn't specifically said to be legal doesn't mean it's illegal. The jailbreaking exemption expiring doesn't mean that jailbreaking is illegal. All it means is that the exemption, which specifically said that there could be no DMCA claims against jailbreaking, isn't there anymore.

By your logic, wearing a bright yellow shirt would be illegal unless there is a specific statute saying that wearing it is legal.

To make jailbreaking work you have to hack the phone software correct? If so the DMCA make hacking illegal.
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Re: Time to arrest the developer of the program.

said by silentlooker:

To make jailbreaking work you have to hack the phone software correct? If so the DMCA make hacking illegal.

The Copyright Office says that jailbreaking isn't a copyright violation. Jailbreaking is "fair use".

?drm.web.unc.edu/relevant-law/dmc???s-chart/

said by Register of Copyrights, Library of Congress exemptions to the DMCA :
(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.

Re: Time to arrest the developer of the program.

said by skeechan:said by silentlooker:

To make jailbreaking work you have to hack the phone software correct? If so the DMCA make hacking illegal.

The Copyright Office says that jailbreaking isn't a copyright violation. Jailbreaking is "fair use".

?arstechnica.com/tech-policy/2010???air-use/

said by Register of Copyrights, Library of Congress exemptions to the DMCA :
(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.
Old news, it have expired this year.

Re: Time to arrest the developer of the program.

said by skeechan:

New news...it has not expired YET. New rules aren't expected until October.

Not from all the articles I read. In February it was announced that it would expire at the end of the month. It was declared legal in February of 2010 and it's was for 2 years. Got anything that says it been extended?
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Re: Time to arrest the developer of the program.

Copyright office website says rules are valid for 3 years and the rules about phone DRM were issued July 26, 2010. So technically they shouldn't expire until July 26, 2013. But new rules are expected in October which would supplant those made in 2010, thus nullifying them early if the copyright office were to reverse itself.

?www.copyright.gov/laws/rulemaking.html

The way I read it, the "designations" are the classes of works referred to in the rules, e.g., the first section on DVDs, then the one on wireless handsets, etc.

Re: Time to arrest the developer of the program.

said by The Limit:

That's quite a slippery slope. Like what has been said already, the phone belongs to the user (not the company). The user can mod the phone as he/she sees fit (there was also a case regarding jailbreaking being legal/illegal, wasn't the end result that jailbreaking is legal?).

I don't get your position in the matter. Your argument doesn't make any sense to me.

There is never realy been a case about jail breaking being lega. There was rulling that DMCA do not cover it in 2010. That was only for 2 years and it expired this year. Yes there was case from 5th circuit but it only apply to the state that it covers. By jailbreaking the phone, you can put anything and everything and keep revenue out of cell phone company hands. To me that is a big no, no and phone company should fight back.

Re: Time to arrest the developer of the program.

said by motoracer:

Sometimes the BS I read online makes me just shake my head in embarrassment.

If it was from someone else who doesn't post that often, you might even have thought it was sarcasm. Unfortunately in this case, it's serious.
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Re: Time to arrest the developer of the program.

said by The Limit:

Are you trolling? Or do you really think developers that mod Verizon phones should be thrown in jail?

They are technically violating the law are they not? It's up to local prosecutor to decide the question of prosecution.

Jelly Bean release

"rumblings suggest Verizon will be pushing the Jelly Bean Android 4.1 update sometime later this month or early next"

You can pretty safely double or triple that timeframe based on the historic trends.

Re: Jelly Bean release

said by Prototype5:

"rumblings suggest Verizon will be pushing the Jelly Bean Android 4.1 update sometime later this month or early next"

You can pretty safely double or triple that timeframe based on the historic trends.

Well sure, because now they have to spend 3 months writing something into the new boot loader that will prevent the current software from rooting it. And it will take "developers" all of a month to crack that too.
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Re: Jelly Bean release

said by Camelot One:

Well sure, because now they have to spend 3 months writing something into the new boot loader that will prevent the current software from rooting it. And it will take "developers" all of a month to crack that too.

more like, once they have the unlocked bootloader installed, you dont have to root it again, you can simply get updates from google directly, and then just download the verizon update and rip what you need from it as far as carrier specific stuff goes. If they do force an update of the bootloader(which I doubt), it probably wont take more than a week to crack it. Once its open, its open. For examples, look at the iOS hacking/jailbreaking. Once its initial jailbreak, it nearly always takes only a few days from the updates to jailbreak them again. Case in point, iOS 5.0.1 to 5.1. Apple didnt even bother to fix the flaw they used to jailbreak the software, they just patched some files and moved on.

Source: http://www.dslreports.com/shownews/Verizons-Locked-Galaxy-S3-Bootloader-Unlocked-120823

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