My weekly technology law column (Toronto Star version, homepage version) focuses on last week's announcement of a new CIHR open access policy. The column touches on many of the issues I raised in my initial blog posting, including the implications for publishers and the mounting pressure on Canada's other granting […]
Columns
Unlocking the Mysteries of Locked Cellphones
My weekly technology law column (Toronto Star version, Ottawa Citizen version, Ynet Hebrew version, BBC version, homepage version) discusses the legal issues surrounding locked cellphones in light of the recent attention focused on the Apple iPhone. The iPhone, like many cellphones in North America, is "locked" to a single carrier. Consumers who want the iPhone must use AT&T since the device contains technical limitations that render it difficult to use on other networks. These limitations are artificial in the sense that there are otherwise no impediments for an iPhone to run on a competing U.S. network such as T-Mobile, a compatible European or Asian network, or on the Rogers network in Canada.
Locked cellphones have become common in North America as carriers claim that they sell "subsidized" phones in return for an exclusive commitment and long-term contract from consumers. While many consumers may like the opportunity to purchase a phone for a fraction of the full retail price, others would presumably prefer the freedom of an "unlocked" cellphone that would allow them to easily switch between carriers. The freedom provided by unlocked cellphones is particularly useful for people who travel, since they can avoid roaming fees by converting their phone into a local phone in most countries by simply inserting a local SIM card. This approach is standard in Europe and Asia, where consumers would not tolerate a market comprised solely of locked cellphones.
While the iPhone may be locked to AT&T, several consumers, including a New Jersey teenager, have uncovered how to unlock their phones. This has unleashed a legal battle pitting companies anxious to offer unlocked versions of the iPhone against AT&T, which has threatened to sue anyone offering unlocking services.
From a policy perspective, it is readily apparent that locked cellphones undermine efforts to encourage greater competition in the marketplace.
Verner’s Challenge
The recent decision to shift Bev Oda out of the Canadian Heritage portfolio was one of the cabinet shuffle's worst kept secrets. While the current conventional wisdom is that Oda's replacement – Quebec City MP Josée Verner – will be a stronger voice for culture around the cabinet table, my technology law column this week (Toronto Star version, homepage version) argues that a change in Minister may not be enough. While Oda had her shortcomings, the reality may be that the problem lies less with the identity of the Minister of Canadian Heritage and more with the department itself.
Few doubt the importance of the cultural sector from both an economic and social policy perspective, yet that status is not reflected in the Department of Canadian Heritage, which has gradually morphed primarily into a granting agency for various cultural initiatives. Increased funding for festivals, films, museums, and other culture industry programs may be worthwhile, however, the problem with the grant approach is that it has locked Canadian Heritage into the status quo at a time of dramatic change.
Getting Social Networks to Socialize
My weekly Law Bytes column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the lack of interoperability between social networking sites. While not quite spam, the steady stream of requests for Facebook friends, LinkedIn connections, Dopplr travellers, or Plaxo contact updates, highlights the lack of interoperability between social network sites and significantly undermines their usefulness.
The interoperability issue is likely to become more prominent in the months ahead as hundreds of specialty social networking sites covering virtually every area of interest from dogs to cooking, jostle for new users. In fact, services such as Ning now enable anyone to create their own social network site. The result is that Internet users are repeatedly required to re-enter their personal information for each new network they join and find that each network is effectively a "walled garden", where the benefits of the network are artificially limited by the inability to link a friend in Facebook with one in MySpace.
These limitations are particularly striking when viewed from a global perspective. While Facebook is a leader in Canada (as well as in the United Kingdom, South Africa, and Norway), nearly a dozen other sites hold leadership positions in other countries. These include:
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