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Free the Cell Phone! (Wired)Free the Cell Phone! (Wired)Posted Sep 28, 2005 22:48 UTC (Wed) by zotz (guest, #26117)In reply to: Free the Cell Phone! (Wired) by bfields Parent article: Free the Cell Phone! (Wired)
"Since your phone company doesn't give you permission to turn on your phone for the purpose of unlocking it, you're making a copy without their permission--that is, an illegal copy."
And if this is indeed so, your car company can slap a eula on your car and prevent you from selling it to someone else. Right? (Or at least make it illegal for the buyer to use the car.)
all the best,
drew
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Doctrine of First Sale Posted Sep 29, 2005 2:47 UTC (Thu) by ncm (subscriber, #165) [Link] Right, the Uniform Commercial Code and the Doctrine of First Sale override any license restrictions that you didn't specifically agree to before you forked over the cash. Even if you did sign something (as may be common for cell phones) the UCC nulls any provisions that are not reasonable and expected for such transactions. When you pay for a phone, you own it and have a fundamental right (and license) to use it. No piece of paper in the box can take that away. Nothing you do to the phone to make it useful to you as a phone can violate any copyright or patent license: you paid, you're authorized, period.(The decision that copying data from ROM to RAM is covered by copyright holds in only one circuit (of nine) and hasn't been affirmed elsewhere, so it's on shaky ground. Likewise for the one that says shrink-wrap licenses, and the "no refunds" insult on your movie ticket, hold.) IANAL, this is not legal advise.
Doctrine of First Sale Posted Sep 29, 2005 16:41 UTC (Thu) by Ross (subscriber, #4065) [Link] Right, except, as I found, in the eigth circuit where EULAs can contain pretty much any conditions. IANAL either.
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