[quotemsg=10442266,7,77360]I sort of agree with your point, but this is a terrible example to illustrate it. If I as a consumer was defrauded by a used car salesman, he probably deserves some sort of punishment. Likewise, to have a punishment that is unsuitable for the crime is also ridiculous. If I simply want to unlock my device so I can get updates to an OS that is given out for free, but the carriers are too lazy to do so, then we should be able to unlock the device, regardless of payment or contract status. Also, to set the fine at $500,000 for that is a bit ridiculous. It should be no more than twice the value of the contract in my opinion. So somewhere around $2,400 would be a fitting punishment.
I do think that this new legislation is actually a good idea, but would not be necessary if our copyright system/DMCA wasn't as badly broken as it is.
A good idea would be to vote with your dollars and simply buy a Nexus branded device that actually gets software support, doesn't come preloaded with junk apps that can't be removed, you can actually use NFC if it is included on your device, unlike verizon's effort to block that service etc. The only reason left after that is the switching carriers issue. That one is why we need this legislation.[/quotemsg]
I guess my point is we already have a system in place for dealing with misuse of rented, leased or subsidized property, and we have a system to deal with breach of contract. It’s called civil court.
Why should the feds get involved and make this an offense that deserves jail time? Why should tax dollars be wasted on prosecuting and incarcerating someone who breaks a contract? If they commit fraud they should be charged with fraud. If the breach of contract damages the company the contract is with they should sue for damages.
My point of the guy with the used cars is he got off pretty easy for something in my mind is a much much worse offense than unlocking a phone. I guess if you are a huge organization with tons of lobbying dollars you can get any law you want put in place, even it is completely unfair. People charged with armed robbery or aggravated assault can get off with less of a punishment than 5 years and half a million.