Filewrapper-old

Prepaid cellular phone seller sues over DMCA exception
December 06, 2006
TracFone Wireless, the largest seller of prepaid cellular phone service in the United States, has sued the Librarian of Congress and Register of Copyrights, alleging that one of the DMCA exemptions granted last month is unlawful. Specifically, TracFone is upset about the exemption permitting cellular phone users to "unlock" their phones in order to use them with another service provider.TracFone makes money by selling phones at fairly low prices and charging more for cellular service to make up the losses on the phone sales. TracFone has sued companies that "unlocked" their phones in the past, alleging violation of the DMCA.In its complaint, TracFone alleges that the exemption violates the Administrative Procedure Act, the Due Process Clause, and violates the principle of separation of powers. The first two allegations are based on TracFone's assertion that it did not get adequate notice and opportunity to comment on the proposed exemption. The separation of powers argument essentially argues that permitting the Copyright Office to provide these exemptions is an unconstitutional delegation of legislative authority by Congress.The third assertion is the most interesting, as if TracFone is successful in its separation of powers argument, then all DMCA exemptions granted by the Copyright Office would likely be nullified on the same grounds.
Post has no comments.
Post a Comment




Captcha Image
Return to the Filewrapper Blog
  Newer Posts Older Posts  

Purpose

The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

Disclaimer

McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole

Connect with MVS

Enter your name and email address to receive the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.