Presentation Topic: Profit at Lawyerpoint

[Robert Bushman]

Egads. This is the DMCA for cell phones. Check this out:


Clause 2: Possession or supply of anything for re-programming purposes

10.     This clause creates a number of offences ancillary to the offence
created by clause 1. These linked offences are having custody or control
of the equipment for the purpose of unauthorised re-programming
(subsection 1), and supplying (subsection 2) or offering to supply
(subsection 3) the equipment to someone for that purpose.

11.     The equipment required to reprogramme the IMEI number may also be
used for other legitimate purposes. The clause makes it clear that the
offences are committed only if the person intends to use the equipment or
allow it to be used for the purposes of making an unauthorised change to
the IMEI number, or knows that the person to whom he supplies it or offers
to supply it intends to use it or allow it to be used for that purpose.

12.     The effect of subsection (5) is that possession by, supply to, or
the offer to supply to the manufacturer of a mobile telephone, or someone
with his written consent, does not amount to an offence under subsections
(1), (2) and (3).

13.     Unique device identifier has the same definition as in clause 1.
The penalties for each of these offences are the same as for the offence
created by clause 1.


Geee, I wonder if anyone's going to invoke this the same
way HP just invoked the DMCA to quash the Tru64 crack?
Naaaaahhh, never happen. This law won't be abused, we
can trust the multinationals this time.


On Thu, 1 Aug 2002, Robert Bushman wrote:

> OK, I stole half the subject from the EFF. But I think
> they would approve. I think this could be the basis
> for a good presentation topic.
>
> Not content with the fact that it's illegal to steal
> cell phones, the EU is now considering making it
> illegal to modify your cell phone.
>
> http://yro.slashdot.org/article.pl?sid=02/08/01/1253252
>
> Will this make it easier to find stolen cell phones?
> Of course not, people who steal cell phones aren't
> going to say, "well, it's illegal to change the ID,
> I better not do that."
>
> Will this make it easier for Nokia to induce you to
> buy a new phone? Yes - it will be illegal to upgrade
> or enhance the software. That is the only real effect
> of this law. (You may have noticed a few recent articles
> where Nokia, Ericsson, and Motorola have complained
> about dwindling market growth)
>
> Multinationals have figured out that buying laws can
> increase their profits faster than R&D investment.
> They are using our police forces and militaries as
> next generation marketing devices. The extent to which
> legislatural bodies world-wide are bought and paid-for
> by multinationals is stunning.
>
> Kevin Connors once said to me, "the greatest barrier to
> economic development is corruption." I thought he was
> just talking about the third world.
>
> --------------------------------------------------------------------
>  'Microsoft also warned today that the era of "open computing," the
>  free exchange of digital information that has defined the personal
>  computer industry, is ending.'
>
>  http://www.nytimes.com/2002/07/25/technology/25NET.html
>
>  Will Microsoft permit you to use your mission critical data when
>  you need it?  Linux will, and you have the source to prove it.
> --------------------------------------------------------------------
>
>
>
>

--------------------------------------------------------------------
 'Microsoft also warned today that the era of "open computing," the
 free exchange of digital information that has defined the personal
 computer industry, is ending.'

 http://www.nytimes.com/2002/07/25/technology/25NET.html

 Will Microsoft permit you to use your mission critical data when
 you need it?  Linux will, and you have the source to prove it.
--------------------------------------------------------------------