On Monday, I filed my response to CTIA and TracFone’s opposition to an exemption under the DMCA for cell phone unlocking. CTIA and TracFone argued that locking phones enables a prepaid business model. The DMCA isn’t about wireless business models, however. Its about protecting copyrighted works from infringement. CTIA also tried to argue than unlocked phones result in infringement, but they conflated the technological measures that lock phones to a particular network with other technological protection measures on the phone, the chip and the network. If you read their submission carefully, you see that neither party can say that an unlocked cell phone necessarily enables infringement. If it did, the industry probably wouldn’t sell or unlock any phones at all.

The filing
Exhibit A
Exhibit B
Exhibit C