Jailbreaking now legal under DMCA for smartphones, but not tablets
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Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#2What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#3What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
Jailbreaking/rooting generally makes piracy a lot easier.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#4What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
Maybe you could argue it's controlling access to media you purchase and download onto your device?
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#5What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
Quote from Wired article (linked below):
"The regulators said that the controls were necessary to prevent software piracy and differentiated gaming consoles from smart phones, which legally can be jailbroken:
[T]he record demonstrated that access controls on gaming consoles protect not only the console firmware, but the video games and applications that run on the console as well. The evidence showed that video games are far more difficult and complex to produce than smartphone applications, requiring teams of developers and potential investments in the millions of dollars. While the access controls at issue might serve to further manufacturers’ business interests, they also protect highly valuable expressive works – many of which are created and owned by the manufacturers – in addition to console firmware itself.
On the plus side, the regulators re-authorized jailbreaking of mobile phones."
Source:
-) http://www.wired.com/threatlevel/2012/10/dmca-exemptions-rej...
-) http://news.ycombinator.com/item?id=4699962
I am aware that this does not fully answer your question, but this is at least their justification.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#6It sounds like this news would be more accurately titled "Jailbreaking continues to be exempt for smartphones and non-exempt for tablets".
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#7Let's start calling these "smartphones" and "tablets" what they are: computers.
It's not okay to tell someone what they can or cannot do with the 1's and 0's on their machines. DRM sucks and so do companies that would seek to restrict rights on how you can use your computer.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#8What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
The idea is that the phone or tablet's copy protection scheme controls access to the low-level firmware/ROM that makes the device operate.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#9Let's start calling these "smartphones" and "tablets" what they are: computers. It's not okay to tell someone what they can or cannot do with the 1's and 0's on their machines. DRM sucks and so do companies that would seek to restrict rights on how you can use your computer.
Agreed. I don't see how copyright comes into the picture if I buy a piece of hardware, erase whatever is in its memory, and put what I want there instead.
Of course, I could see hardware going the way of e-books: You don't own your phone/tablet/laptop, you merely license it from the Corporation who reserves the rights to control what you install or not and to erase it/take it back at any time.
Re: Jailbreaking now legal under DMCA for smartphones, but not tablets
#10What I don't understand is: how does the DMCA apply here at all? The DMCA's anti-circumvention clauses apply only to mechanisms which control access to a copyrighted work. I fail to see how jailbreaking a phone, tablet, game console, etc passes that test -- it's not controlling access to anything.
It sounds like you're making the common mistake of projecting your own reasonable expectations onto a piece of legislation like the DMCA.