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What would most likely happen is if they try and use the open access clause to argue for unlocked bootloaders it will go to court and the courts will most likely make a ruling that the FCC cannot unilaterally revoke a carriers control of devices on their network simply because said device utilizes block C. They will also rule however, that a carrier cannot prevent a user from fully accessing block C as per the same openness clause. At that point all that has to happen is VZW has to provide free access to their wireless hotspot application (which as we all know does not require root or an open bootloader) and they will be in compliance with that provision of their license.
 

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It is really more about how much money is behind the people fighting the battle. If this turns into a long protracted battle then whomever is fighting on the consumer side needs to have deep pockets to stay in the fight for the long haul.
 
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