Consumers get OK to alter smartphones

It is not illegal to "jailbreak" your smartphone.

In a decision that strikes at Apple's iron-fisted control over which apps can run on the iPhone, the librarian of Congress ruled Monday that U.S. copyright law does not prohibit consumers from altering their smartphone's software so they can run third-party applications that have not been approved by the phone's manufacturer.

The decision has the potential to shake up the wireless industry, where Apple has seen tremendous success with a business model that includes carefully screening and controlling the software that runs on some of its most popular electronic gadgets.

Apple opposed the ruling, warning Monday that "jailbreaking can severely degrade the experience" that most iPhone users want. Civil libertarians, however, called the decision a victory for consumers and independent developers — even if the immediate effect may be limited to a tech-savvy few.

"This is really an early-adopter behavior, not something the general consumer wants to do," said Avi Greengart of the research firm Current Analysis. While a number of hackers advertise "jail-breaking" services on the Web, he said, most consumers have little interest in venturing outside Apple's "walled garden" of more than 200,000 prescreened apps.

Legal experts also said the ruling does not preclude Apple — or any other phone manufacturer — from taking various steps to discourage jail-breaking, such as declaring the
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warranty void if a product's software is altered, or issuing software updates that override a consumer's modifications.

Others said the ruling establishes that consumers have the right to decide how they want to use the electronic gadgets they purchase. The Electronic Frontier Foundation, a nonprofit civil-liberties group that argued for the decision, called it "an enormous victory for consumers and creators."

Monday's ruling arose from the Digital Millennium Copyright Act, a 10-year-old law that attempts to prevent piracy and to control access to copyrighted material, in order to protect the rights of artists, entertainment companies and others who create and sell digital content. The law designated the librarian of Congress as the government official with authority to allow certain exemptions to those controls.

Librarian James Billington issued his decision after receiving recommendations from U.S. copyright officials and taking testimony from a variety of groups and individuals. Under the law, the exemption will stand for three years before he must decide whether to renew it.

In testimony last year, Apple attorneys argued that jailbreaking modifications can interfere with the proper operation of the iPhone, leaving the device vulnerable to crashes and viruses or other malware. Apple also argued that jailbreaking could provide hackers access to the network operated by AT&T, which has exclusive rights to provide wireless service for the iPhone in the United States.

AT&T declined to comment.

Corryne McSherry, an attorney with the Electronic Frontier Foundation, argued that copyright law is not the proper tool for guarding against those concerns. While acknowledging that many people have no desire to tinker with their phones, she cited an estimate that "more than a million" consumers have already jailbroken their iPhones and want access to programs that Apple does not allow.

Billington also agreed to extend an earlier exemption that allows consumers to "unlock" their smartphones, or alter the software so that they can access other wireless networks besides AT&T. Despite some consumers' frustration with AT&T's quality of service, however, analysts said the exemption does not help those who would like to use another U.S. carrier such as Verizon — since the two carriers are technically incompatible in other ways.

Orcon to enter cellphone market

Mobile Internet provider Orcon will launch a mobile service today and promises to shake up the market by scrapping fixed-term contracts.

The state-owned company, which is reselling Vodafone's network, hopes to sign up tens of thousands of mobile users in the next year.

Orcon customers will not have to commit to a plan for a fixed term, such as 12 or 24 months, and can switch plans or providers without incurring penalty fees.

Customers on Orcon's basic "purple" plan will pay 69 cents per minute for calls, but no set monthly fee. Other plans offer 60 minutes for $29.95 a month, 120 minutes for $49.95, and 180 minutes for $69.95 a month.

Texts cost 20 cents but customers can opt to pay $11.95 a month for 500 texts to any network, or $9.95 a month for 2000 texts to customers of Orcon, Vodafone and other operators reselling Vodafone's network, with the exception of 2degrees, which uses its own network as well as Vodafone's.

Chief executive Scott Bartlett said consumers locked into fixed-term contracts incurred huge penalty fees if they wanted to switch providers or plans before their contracts expired.

"We want to have customers, not prisoners. If you want to be locked down for two years, go steal a car."

Ernie Newman, chief executive of Telecommunications Users Association, said Orcon's axing of fixed-term contracts was an "innovative" move.

"It's a very dynamic and changing market and not having a long-term contract is very advantageous these days both for individuals and their own flexibility and also for the continuing emergence of competition in the market."

Orcon's plans would be attractive to a lot of people and he expected other players would respond. "Consumers can only win out of that."

Orcon's launch would not impact the market as dramatically as 2degrees' entry, as it was "bulk-buying" minutes on Vodafone's network and repackaging them into plans, while 2degrees had built its own network, he said.

Consumer New Zealand chief executive Sue Chetwin said long fixed-term contracts could be onerous and had been an issue for XT customers wishing to switch providers when that network suffered a series of failures earlier this year.

Mr Bartlett said the "purple" plan was unique, and Orcon's mobile broadband plans were the cheapest in the market. "You can get no contracts on data plans with Vodafone but they're more expensive."

Mobile broadband plans – for customers using mobile internet on their laptops – start at $29.95 a month for 500 MB and go to $69.95 for 4Gb.

Customers accessing the internet on their mobile can download 10 megabytes of data a day for $1 and pay 50c for every extra megabyte, or pay $49.95 a month for one gigabyte.

The company would look to offer pre-pay plans "later on", and would bring in smartphones, including "Android" phones, often considered too niche or expensive by other players, Mr Bartlett said.

Orcon is launching with four handsets, including the HTC HD Mini – and customers signing up to most plans will receive a discount on them or an account credit if they stick with their existing handset.

Customers who leave Orcon within three months of signing up will be required to pay the subsidy or credit back.

Customers can transfer their existing mobile number or get an "020" Orcon number.

Bangladeshi goods flood Garo Hills border

Poor road connectivity, less marketing facilities and lack of proper communication system are affecting the lives of many in South Garo Hills district of Meghalaya, one of the most socio-economically backward districts in the state situated along the international Indo-Bangla border.

The border stretches for about 85 km. The main occupation of the local indigenous people is agriculture. However, lack of market linkage facilities is affecting rural households. During the pre-independence period, farmers were prosperous but post partition, things have changed as the flourishing trade of agricultural and horticultural produces came to a standstill. Lack of alternative means of survival has forced a section of people to take up illegal border trade activities which includes selling of fish, poultry, cosmetics, utensils and Chinese electronic gadgets.

In the local markets of Rongara, Siju and Baghmara, Bangladeshi goods are everywhere to be found. The fish and poultry available are also from the neighbouring country. Reported cases of confiscation by security personnel is leading to decline in the trade as traders suffer huge loss with many preferring to discontinue.

However, there is a section of traders who have to engage in this trade for the sole reason of there being no alternative means of survival. The Chinese hybrid fish, soap, potato chips, juices and cosmetics are high in demand here. Traders say that the goods are being brought by traders from Bangladesh illegally crossing the border.

Traders from the other side also take away goods from India like sugar, salt and horticultural produce like fruits. Most electronic goods available here are from China. These are cheap quality electronic gadgets called 'dumped goods' and are sold at higher prices with traders doing good business. The buyers say that the products are good and priceless.