Ownership in Reverse - Digital Locks and Cellphones

http://live.drjays.com/index.php/2014/08/02/
president-obama-signs-cell-phone-unlocking-law/

Having just given a presentation in another course on copyright reform, this week's question on the changing nature of ownership immediately made me think of digital locks and cellphones. Digital locks are a form of technological protection that typically functions to prevent illegal copies of content from being made. From a legal perspective they are classed as TPMs (technological protection measures), and include all locks placed on software or hardware to prevent tampering. Canada's amendment to its Copyright Act in 2012 was widely criticized for strengthening the rights of companies to use TPMs of all sorts; in fact, it's digital lock provisions have been called some of the most restrictive in the world. It is somewhat surprising to me, then, that a bill that has been criticized for unfairly favouring commercial interests dealt a blow to those same interests by essentially legalizing cellphone unlocking.

It's even more surprising to me that carriers were, until only a few years ago, even allowed to assert their ownership over an item that a consumer had purchased - I guess I had thought that this ridiculous practice had must have been abolished a long time ago. The argument that they had invested in the device and so continued to own a part of it (somehow) is incomprehensible. It cost consumers million of dollars to break contracts on phones they didn't own yet (even though they did), and further untold millions to pay roaming fees when travelling abroad, because they weren't able to just stick in a local carrier's sim card. It was a huge source of profit for the carriers.

Cellphones, then, seem to be an example of a technology that is moving away from restrictions and towards a more complete form ownership that gives us, the consumers, the ability to modify that technology at will (even if it does void the warranty). I think it's a trend we could use more of.


Sources:

Geist, Michael. "What the New Copyright Law Means for You." Michael Geist, Blog, November 12, 201, http://www.michaelgeist.ca/2012/11/c-11-effect/

Lithwick, Dara and Maxime-Olivier Thibodeau. "Legislative Summary of Bill C-11: An Act to Amend the Copyright Act." Parliament of Canada, April 20, 2012, http://www.lop.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c11&Parl=41&Ses=1

Nowak, Peter."Locked cellphones hurt consumers: critics." CBC News, Mar 31, 2010, http://www.cbc.ca/news/technology/locked-cellphones-hurt-consumers-critics-1.896166