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Jailbreaking now legal under DMCA for smartphones, but not tablets

arstechnica.com

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Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#21
post #6

It sounds like this news would be more accurately titled "Jailbreaking continues to be exempt for smartphones and non-exempt for tablets".

Even that isn't strictly true, since the exemption for smartphones only applies to phones purchased before January 2013.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#22
post #7

Let'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.

I'm ok with DRM if it's confined to a particular application and the content it manages, like the Kindle app, for example. You can always choose not to install that app. But I reject system-wide DRM for the same reasons you describe. More and more people interact online primarily through mobile devices so these rights are more important than ever.

The problem is an app-specific DRM scheme is impossible to implement. The user would be able to intercept any API calls the app makes to an external program, at the very least capturing/spoofing the signal to the I/O drivers. The only way to make a secure system in this sense is if the software can establish a chain of trust and be confident that it is not running on top of 'compromised' software. An solution to this, which I believe is common on phones with official support for rooting, is to have a cryptographiclly secure way for a software to verify it is running on a non-rooted stack (I assume through signatures). At least this way, the only thing that disabling the system-wide DRM will cost you are the apps that specifically request the system-wide DRM. A better solution that I have not seen implemented, is to be able to run both a rooted stack, and a provably non-rooted stack at the same time. I am not sure if this is technically feasible to do for the kernel (maybe with firmware support?), but it seems completly doable for userspace programs.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#23
I used to believe, that legislators used a outdated model of intellectual property. Unfortunately I am wrong, after all if I buy a book I am allowed to modify the content, by writing in the margins or by tearing out pages. ( I may even make a collage, using several pages of the book.) At least as long as I do not sell or perform my modifications. So I wonder, why I am not allowed to do the same things with software? Linking another library is simply not different than gluing the first half of Lord of the Rings to the second half of the Cryptonomicron.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#24
If it's legal to jailbreak it, shouldn't the company be oblige to provide an official way to do so? Why is it expected that the users come up with the means? What if it's next to impossible due to hardware encryption and whatnot. It's already not trivial on most devices.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#25
Let's face it: the technological literacy of the average user of smartphones/tablets/game consoles/etc. is such that being a script kiddie makes people think they're digital superheroes. DRM and DMCA are more likely to be mistaken for sporting goods manufacturers, record labels, or any number of things other than being known for what they are. The community that this is relevant to is still a minority - a shrinking one - but a minority nonetheless. And while it is a reason and logically minded community by nature, legal protection acts typically have an emotional component from those lobbying for their creation, because it has to do with their security. And income security lobbyists in particular tend to disregard anything but black numbers or red numbers until forced to do otherwise. Right or wrong, it seems the higher the income, the squeakier the wheel. I think it's a Ben Franklin quote: "If you forego freedom in favor of security, you will eventually lose both." If there's a solution down the road, I hope someone finds it before someone else takes it to heart that irrationality doesn't respond to rationality - but fear - and does something to hurt what chance there is at more digital freedom for the rest of us. I'd very much like to be and remain in control of what is or isn't allowed on my expensive and increasingly necessary technological equipment.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#26
It seems clear enough. Quote from the article:

What about tablets? No dice. The Librarian "found significant merit to the opposition’s concerns that this aspect of the proposed class was broad and ill-defined, as a wide range of devices might be considered 'tablets,' notwithstanding the significant distinctions among them in terms of the way they operate, their intended purposes, and the nature of the applications they can accommodate. For example, an e-book reading device might be considered a 'tablet,' as might a handheld video game device or a laptop computer."

Read this not as "smartphones yes but tablets no" but as "smartphones yes but kindle no".

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#27

Earlier quoted context omitted.

I'm ok with DRM if it's confined to a particular application and the content it manages, like the Kindle app, for example. You can always choose not to install that app. But I reject system-wide DRM for the same reasons you describe. More and more people interact online primarily through mobile devices so these rights are more important than ever.

The problem is an app-specific DRM scheme is impossible to implement. The user would be able to intercept any API calls the app makes to an external program, at the very least capturing/spoofing the signal to the I/O drivers. The only way to make a secure system in this sense is if the software can establish a chain of trust and be confident that it is not running on top of 'compromised' software. An solution to this…

To make a really robust DRM system, perhaps. But DRM really just needs to put enough of a speedbump in front of the average user to make it less of a hassle to pay. iTunes Movies and the Kindle Store are both good examples of this.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#28
post #6

It sounds like this news would be more accurately titled "Jailbreaking continues to be exempt for smartphones and non-exempt for tablets".

Even that isn't strictly true, since the exemption for smartphones only applies to phones purchased before January 2013.

I think you are conflating the jailbreaking/rooting exemption and the carrier unlocking exemption. The exemption for jailbreaking phones will apply for the next three years (until it comes up for renewal again), while the exemption for unofficially carrier unlocking phones will only apply to phones purchased before January 2013.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#29
post #7

Let'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.

All smartphones and tablets are computer. NOT all computers are smartphones and tablets.

Re: Jailbreaking now legal under DMCA for smartphones, but not tablets

#30

If it's legal to jailbreak it, shouldn't the company be oblige to provide an official way to do so? Why is it expected that the users come up with the means? What if it's next to impossible due to hardware encryption and whatnot. It's already not trivial on most devices.

If it's legal for me to carve a smiley face onto my garden gnome shouldn't the garden-gnome seller be oblige[sic] to provide an official way to do it? Why should I need to figure out how to use a chisel? What if the gnome is very fragile so I can't do it without breaking it?

Just as carving a garden-gnome is not intended, manufactured, or expected behavior, there's absolutely NO reason for a phone manufacturer to go out of their way to offer jailbreaking tools. Your statement is completely illogical. Just because it is legal for a user to do something does not mean a company should have to do it. Even if it is legal for a user to do something doesn't mean that they must be able to reasonably do it, it just means if they do there won't be legal ramifications. Your post reeks of self-entitlement and a deep misunderstanding of the actual issue in question.

Another ridiculous example to round it out: Since it is legal for me, as a user, to attempt to install visopsys (an operating system made by one man which is obviously incompatible with everything) on my macbook apple provide drivers and support for installing this OS even though supporting it would likely take thousands of developer hours and gain Apple nothing. Users likely won't be able to install it on their own and developing drivers for it is probably near impossible.

See how your argument is exactly the same as the above? Jailbreaking, just like that OS, is the product of users and as such need only be supported by users. If a company wants to support jailbreaking, such as google allowing chromebook unlocking, that's their prerogative, but there is NO reason to expect or insinuate that a company should actually provide support for some random operation a user has come up with that in fact is to the company's detriment.

Honestly, considering the quality of your argument, I question your ability to function in society. If you're not underage (on the order of 7 or so) I highly encourage you to check yourself into the nearest mental facility due to an obvious mental disability manifesting itself as borderline retardation. At the very least I encourage you to GET THE FUCK OFF HACKER NEWS FOREVER because reading your idiotic statements, opinions, and retard-spew is roughly as pleasant, and just as enlightening, as self castration while gargling shit. Save us all the pain of dealing with you and deal with yourself, fatally if necessary.

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