Investigating The Legislation On Unlocking Of Wireless Devices Of United States Exemptions

In the Digital Age,the U.S.domestic copyright owners generally adopt TPMs to lock down the telecommunications network of wireless devices.As a result,the rights and interests of wireless devices users are damaged.The Digital Millennium Copyright Act of the United States is an innovative legislation to balance the interests of copyright owners and the public,and provides legal protection for wireless devices owners.Investigating the legislation on unlocking of wireless devices,it aims at examining how the United States exemptions to prohibition on circumvention of technological measures to guarantee the rights of owners of wireless devices are free to choose the wireless telecommunications network of a wireless carrier,and providing reference for China' s relevant legislation and inspiration.In the hearing procedure prior to the introduction of the legislation on unlocking of wireless device,the commenters' arguments around four focuses on non-infringing use,adverse effects,statutory factors and applicable subject been analyzed,and the supporter's argument finally won.Since 2006,it was the first time that the exemption been introduced to the Digital Millennium Copyright Act of the United States,and the third follow-on revisions in 2010,2012 and 2015 have retained the exemption by modifying some legal contents.Comparing the four legal documents of the legislation on unlocking of wireless device,it can be seen that the scope of application of the subject has shown an expanding trend,it can be concluded that the subject who can free to connect a new wireless telecommunications network must be "the owners of wireless devices",no longer the "telephone users".And the type of object has increased,from the one category of "wireless telephone handsets" into four categories:"wireless telephone handsets(i.e.,cellphones)";"all-purpose tablet computers";"portable mobile connectivity devices,such as mobile hotspots,removable wireless broadband modems,and similar devices";"Wearable wireless devices designed to be worn on the body,such as smartwatches or fitness devices".last but not least,the range of behavioral objects has shrunk from the "device" to"used wireless devices".Based on the "new three-element theory",this article analyzes the exemption from the "assumptions","behavior model" and "legal consequences".It can be seen that market factor and legal factor have far-reaching implications for the evolution and change of the exemption.Updating this exemption is to respond the growing unlocking needs in the U.S.domestic market,and the owners of wireless devices also get the legal support on unlocking.This exemption directly promotes the introduction of the Unlocking Consumer Choice and Wireless Competition Act.In the future,it will continue to play a vital role to give the legal support for the owners of wireless devices.The legislation on unlocking of wireless device is the fundamental guarantee for the owners of wireless devices of USA,and it is also the response to the urgent unlocking needs of the social public.Compared to the United States,the current regulations in China temporarily fail to meet the ever-growing demand for"unlocking" in domestic market.In order to provide legislation that is compatible with the data age,China should learn from the US model of legislation.the US model of legislation has reserved space for future technological development and social needs.And It has given the judges greater discretion in the judiciary,and more able to respond to the challenges posed by rapid technological change.We could reasonably consider the relevant legislative documents and judicial practice of USA in three aspects:subject,object,and behavior.Because the exemptions to the prohibition on circumvention of technological measures,and the legislation on unlocking of wireless device are both urgently needed for customers in China to protect their rights and interests.