Federal law prohibits the circumvention of technological measures used by or on behalf of copyright owners to protect their works. In the context of mobile handsets, although users previously enjoyed a limited exemption from this prohibition, a new ruling means that users no longer can use self-help to unlock their mobile phone and move it to an alternative network.
Periodically, through a rulemaking process, the Copyright Office (the “Agency”) takes comments and evaluates whether the prohibition on circumvention measures adversely impacts the ability to use the works in a non-infringing manner. Recommendations are made by the Agency to the Librarian of Congress, who then establishes exemptions to the access control circumvention prohibition by rule. This time around, the rule did not continue the exemption for unlocking mobile devices.
So what happened?