Recent LoC DMCA Exemptions & How They Might Affect the Legality of ESN Changing.....?

[SweetBearCub]

Please note: This post is not a request for information on how to change my ESN. Per the site's rules, I'll save that for a more appropriate forum, depending on how this post gets answered. Also, please excuse my posting this question here. I could not find an appropriate forum. If there is one, please feel free to move this post there.

Greetings.

On 7/26/10, the Library of Congress passed a handful of new exemptions for the DMCA. One of them piqued my interest.

As I cannot find the exact legal text of the new DMCA exemptions, I'll quote from a recent PC World article, available HERE

The third sentence under the sub-heading "Phones" states "Users are also now able to unlock firmware that ties a mobile phone to a particular wireless network." I am aware that the ruling is more applicable to iPhone users, but nowhere in discussions of the exemptions did I see that they were specifically restricted to the iPhone.

I am vaguely aware of other federal laws that forbid the changing of ESNs, but am curious as to how that law would be reconciled with the new DMCA exemptions.

I would very much like to be able to change the ESN of a VZW Ozone to make it acceptable to run on Sprint's network, as in my opinion, the device has a better feature-set than the nearly equivalent Sprint Snap. It adds b/g WiFi, GSM capabilities, has a more usable keyboard, and I happen to like the color scheme more.

[Wesley762]

That has to do with unlocking the phone to install software, not cloning the phone. Changing the ESN is totally different from unlocking the phone to install software on it.

[boredandtattooed]

Changing the ESN is legal all day long!

Cloning the ESN to another device is and will always be ILLEGAL!

-Cloning prevents authorities from properly identifying people, there-in lies the issues wth Cloning...

-we already have the "Truth in Caller-ID ACT 2010" (ammended from 2007, which ammended from 1934

**Cloning will never be legal!!! theyve made it just about illegal to block your caller-id from people.. you really think the GOV will "ok" CLoning?? never!

***whats this gotta do with TP2s anyways??***

[quick99si]

It seems to me that the DMCA exemption pertains to modifying the firmware in order to remove the mechanism which prevents the activation of a device on a specific network (eg flash a Sprint TP2 for use on MetroPCS). The ESN remains unchanged and is not related to "unlocking," though I guess I can see how one might see it as being part of the firmware. It seems that the law is more relevant to GSM devices anyway.

Is it safe to assume that this will drive device prices higher? If not that, then maybe more strings attached to getting your hands on one through your carrier?

[NinjaDuck]

Originally Posted by quick99si

It seems to me that the DMCA exemption pertains to modifying the firmware in order to remove the mechanism which prevents the activation of a device on a specific network (eg flash a Sprint TP2 for use on MetroPCS). The ESN remains unchanged and is not related to "unlocking," though I guess I can see how one might see it as being part of the firmware. It seems that the law is more relevant to GSM devices anyway.

Is it safe to assume that this will drive device prices higher? If not that, then maybe more strings attached to getting your hands on one through your carrier?

No matter how much they let you adapt your device to another network, they have yet to be able to force the destination network to accept your ESN on their netowork. Yeah! Now we can move our phones to a new network, but not get service.

I used to do this all the time, but most of the carriers have locked service down to ESN of devices they have sold at one time or another.

[quick99si]

Originally Posted by NinjaDuck

No matter how much they let you adapt your device to another network, they have yet to be able to force the destination network to accept your ESN on their netowork. Yeah! Now we can move our phones to a new network, but not get service.

I used to do this all the time, but most of the carriers have locked service down to ESN of devices they have sold at one time or another.

I think your argument misses the point somewhat, or at least the way I understand it. Without having read the actual legal decision (was anybody able to find it?), the summary SEEMS to simply say that it is not against the DMCA to modify the firmware of your device.

Prior to this decision, it was a breach of the DMCA to modify a phone's firmware. That is no longer the case. Now whether or not the carrier accepts the ESN, or whether or not your phone has the appropriate hardware to communicate with the carrier.. that's a different story. The main thing that changed is that you cannot be prosecuted under the DMCA for modifying a wireless device's firmware.