The Wireless Alliance and Robert Pinkerton request a DMCA exemption for modifying mobile phone firmware. Their case specifically pertains to counteract the practice of cell phone locking. It is often that the only way to get a phone service carrier by purchasing a bundle with a special phone that is tied to that particular service. When switching to a new service, consumers forced into buying new (often unnecessary phones). The Wireless Alliance and Mr. Pinkerton argue that modifying cell phone software does not create unauthorized copies of the original work. It is possible that in the eyes of the law, the modified firmware might be viewed as a derivative work. However, copyright law permits users to modify purchased software (a category under which firmware falls). The Copyright office recently granted the Wireless Alliance and Robert Pinkerton the exemption.

The exemption for modifying firmware to legally join cell phone networks and carry out legal activity is one of the few cases where the decision was not in favor of the large business. One of Mr. Pinkerton's main complaints was that as he traveled often internationally due to business, it was difficult for him to find a carrier that met all his needs. He found a carrier he liked internationally and a carrier he liked locally, and wanted to modify his phone so he could connect to a different carrier while in a foreign country. The obvious extension is that DVDs with region codes would prevent someone traveling from playing a DVD in a foreign country's regioned player, and an exemption should be provided for DVDs legally purchased in a foreign country. However, the real heart of the case is not Mr. Pinkerton's travel, but needing two different services depending on the context of his work. Licensed applications for Windows and Mac OSX are common and are often embedded into the operating system directly. However, the Open Source nature of Linux distributions makes players for DRM protected media scarce and built-in functionality often impossible. If someone's business practices makes Linux a necessity, they should be permitted to modify their operating system to properly play protected media. The courts and the copyright office previously found that not being able to play content is a mere inconvenience to a consumer. This case demonstrates that the government has more sympathy for business practices hindered by the DMCA. Approaching future exemptions and cases from this angle might be the best way to counter the DMCA.