[TylerE]

Largely, yes, and that is as it should be. It's an agreement between two willing parties with benefit received by both sides. A simple, legal, contract.

We're not talking about a legislated monopoly here, like your local power company. No one is FORCING you to go down to your local Verizon reseller and buy a contract phone. You're free to either buy an unlocked smartphone (at full un-subsidized price), or a prepaid phone, or any other of a multitude of options.

[lysium]

I'm with you that you could by a non-subsidized phone. However, one of the points of the petition is that unlocking is currently illegal _even after the original contract has expired_. Why should that be allowed? The original contract is over, after all. No party should have any rights beyond the contract they've agree upon.

[morpher]

Although this is true (and silly), AT&T (at least) will unlock the phone for you after contract expiration. If this is true of other carriers, then the issue is largely irrelevant.

[TylerE]

I agree that after the contract expires it should be fare game.

[schrodinger]

Is it illegal as in criminal? Or civil, and you could be sued?

[jellicle]

It's a felony, with a fine of up to $500,000 and up to five years in prison. For unlocking one (1) cell phone.

[akarpenko]

OK, looks like we need to look at it from another level.

Once upon a time there was a group of people. They had common interests, but it was hard and inefficient to make decisions as a large group. So a government was formed to represent the individuals in the group and to tend to their common needs.

Let's go back to the present.

So one side is a big corporation that has one voice, the other side are consumers, i.e. people that have many voices. Government (at least a properly working one) is there to represent the will of the people and to give them a single voice. I don't see anything wrong with that.

[TylerE]

That is a gross misinterpretation of the role of government. The government exists for the common welfare, but that doesn't mean it's a consumer advocate.

P.S: I think it fair to suggest that what the majority of consumers want is the cheapest possible phone. That means locked phones on subsidies.

[akarpenko]

It's the original role and the most important one. However it has evolved into more roles, obviously.

Regarding your second point, the assumption is that the government is rational. Adult-like and not child-like.