Don't register your iPhone if you want to unlock it

You might not have considered it, but unlocking your iPhone is a steeplechase of information technology, intellectual property and contract law. Failure to consider these issues could lead to big problems. If you are not careful, you could find yourself looking at RIAA-sized settlement demands or even criminal charges. Let's take a look at the law:

In 1997, the Court of Appeals for the Federal Circuit ruled in Hewlett-Packard Co. v. Repeat-O-Type Stencil Mfg. Corp. Inc., 123 F.3d 1445 (Fed. Cir. 1997), that refilling a patented toner cartridge was not a violation of the seller's patent, even if the seller specifically warned against such refilling. The Federal Circuit held that with the original sale was an implied license to exploit any patent right of the seller to further any reasonable use of the product sought by the purchaser. So you are looking good on the patent end of things.

In 2004, the Court of Appeals for the Sixth Circuit ruled in Lexmark International, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004), that cracking software on a toner cartridge to circumvent the seller's restriction on refilling the cartridge was not a violation of copyright or the Digital Millennium Copyright Act (DMCA). So you are probably okay on copyright.

According to Jennifer Granick, executive director of the Stanford Law School Center for Internet and Society, there is even a specific exemption in copyright law, that lasts until 2009, which allows you to circumvent technological measures controlling access to copyrighted works, like digital cell phone locks. Notwithstanding, Professor Granick feels hacking the iPhone to use a carrier other than AT&T may open you up to breach of contract claims for violation of the terms of service you signed with AT&T.

The good news is that penalties associated with breaching the AT&T agreement are not criminal and are far less than the potential damages associated with copyright, DMCA or patent infringement. The better news is that avoiding activation with AT&T would appear to put you in the clear with regard to any breach of contract claim by AT&T.

At least I only have 22 more months left on my AT&T contract . . . (sigh)

Brett Trout

iPhone copyright DMCA hack patent ATT

Is YouTube Dead?

Multi-media Leviathan Viacom has just filed a $1 billion copyright infringement lawsuit against YouTube. Others have sued YouTube in the past, but this is the first lawsuit that could actually bring down the entire YouTube business model. I am actually surprised it has not happened sooner.

Historically, YouTube has taken refuge under the Digital Millenium Copyright Act (DMCA). The DMCA protects Internet Service Providers (ISP) from infringement claims under certain circumstances. Viacom apparently seeks to limit those certain circumstances to something other than an unlicensed YouTube type business model.

While it is unlikely YouTube would disappear altogether, Viacom's lawsuit could force YouTube to get out of the house and get a job. If Viacom is successful, it will not be long before smaller copyright owners all pile on. There are undoubtedly thousands of copyright owners that want YouTube to be more pro-active in filtering out copyright infringing videos, but are just waiting for Viacom to take the heat and do all of the heavy lifting.

Lat month Viacom forced YouTube to remove much of its copyrighted content, such as "The Colbert Report." Then Viacom inked a deal with YouTube competitor Joost. Viacom appears to be pushing its chips "all in" on this one. Just like copyright claims stopped the Napster free ride in its tracks, so too may a judge turn YouTube into a mere shell of its present incarnation. Although this would obviously be a blow to YouTube, even more importantly it would mean I would have to look for a new hobby to fill up what portends to create a twenty hour vacuum in my work week.

Brett Trout

DMCA copyright YouTube Viacom