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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

#31
post #12
post #3

Earlier quoted context omitted.

Jailbreaking/rooting generally makes piracy a lot easier.

So do other things, like having an internet connect, owning a usb cable, possessing a rudimentary knowledge of technology, etc. There are already laws against piracy. Additional laws covering things merely leading up to that act should not be necessary nor desired.

To play the devil's advocate here, since there are already laws against assault and homicide, would you say that there should be no regulation of weapons?

And before you argue that weapons have no purpose except to break other laws, like jailbreaking there are many lawful or sporting uses of swords, firearms, explosives, etc.

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

#32
post #12

Earlier quoted context omitted.

So do other things, like having an internet connect, owning a usb cable, possessing a rudimentary knowledge of technology, etc. There are already laws against piracy. Additional laws covering things merely leading up to that act should not be necessary nor desired.

To play the devil's advocate here, since there are already laws against assault and homicide, would you say that there should be no regulation of weapons? And before you argue that weapons have no purpose except to break other laws, like jailbreaking there are many lawful or sporting uses of swords, firearms, explosives, etc.

I would say that's entirely reasonable. There's no reason to dump on more laws to try and enforce (and poorly I might add) already existing laws.

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

#33
post #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…

Please leave Hacker News.

(If anyone missed it, read the last paragraph of his comment to understand).

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

#34
post #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…

I accidentally upvoted you after your initial correct argument before reading on and discovering that you're a complete asshole. Trust me when I say that pretty much the entirety of HN will be much more glad to see tambourine_man stick around than anyone who talks the way you do.

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

#35
post #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 th…

>The Librarian ruled that "the record lacked a sufficient basis to develop an appropriate definition for the 'tablet' category of devices, a necessary predicate to extending the exemption beyond smartphones." //

This just say secondary-legislation-fail to me. Like man this stuffs hard (we can't do it logically and satisfy industry) lets just not bother.

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

#36
post #16

Earlier quoted context omitted.

It's so infuriating that the lawmakers just don't get it. If I buy a console, I should be free to root it and run Linux or whatever. There are already laws against piracy, we don't need to throw freedom out to stop it.

It is frustrating and at the same time one of the reasons why the traditional PC as we know it has a special position. If you think about it, the traditional PC is one of the - and it's sad to say so - few devices where the hardware really is yours (one could argue that firmware is locked down etc, but i guess everybody knows what i mean). There are not so many devices left that you can: -) install custom software on…

I hope not. A few years ago I could not have found open hw that was decently powerful.

Now I can - and this is improving.

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

#37
post #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…

Nice.

Back on the subject, companies go out of their way to prevent certain usage scenarios. If that's suddenly against the law, it's only reasonable for them to provide a way out.

Actively preventing you from using a product to the fullest is very different from supporting unintended usage.

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

#38

Earlier quoted context omitted.

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.

It takes exactly one smart person to break the DRM for everyone.

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

#39
post #38

Earlier quoted context omitted.

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.

It takes exactly one smart person to break the DRM for everyone.

Sure but consider Kindle ebooks, for example. Finding a pirated copy of a book, dealing with the hassles of torrenting or some kind of download site, manually loading the book over, risking all kinds of phishing scams or viruses on the sites that serve this stuff - this is all way too much hassle. I'm happy to pay the $10 for the book even though I know I don't have to.

Making money selling digital goods is all about making paying easier than stealing.

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

#40
post #16
post #5

Earlier quoted context omitted.

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…

It's so infuriating that the lawmakers just don't get it. If I buy a console, I should be free to root it and run Linux or whatever. There are already laws against piracy, we don't need to throw freedom out to stop it.

> It's so infuriating that the lawmakers just don't get it.

It's you who doesn't get it. Despite the whole election facade, the government is not working for you or your benefit. It's working for the benefit of a very small minority, that cares not about your freedom, and believes that they are served by enforceable DRM.

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