 CheesePremium
join:2003-10-26
Naples, FL
kudos:1 | Wasn't it just ruled that.... This was not breaking any kind of law by rooting? If so, T-Mobile may have an issue with this? |
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 heat84Bit Torrent Apologist
join:2004-03-11
Fort Lauderdale, FL
1 edit | said by Cheese:This was not breaking any kind of law by rooting? If so, T-Mobile may have an issue with this? Jailbreaking and rooting are like card counting. Not illegal but the casinos frown upon it. In both cases the money lost is a fraction of what is made by the companies/casinos, so its a waste of time for them to even care. Although jailbreaking and rooting are much easier than hacking and anybody can do them. But its still mostly geeks that do it. A fraction of the users.
Someone will get around the rootkit before I click the Post Now! button anyway.
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Bit Torrent is my DVR. |
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| reply to Cheese
from my understanding and the way the issue was worded as far as jailbreaking being illegal was only from the Copyright office and not the actual courts. |
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CheesePremium
join:2003-10-26
Naples, FL
kudos:1 | said by hottboiinnc:from my understanding and the way the issue was worded as far as jailbreaking being illegal was only from the Copyright office and not the actual courts. I was under the impression it did not break any DCMA from the recent court ruling. Maybe I read it wrong. |
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| the problem is the court's haven't heard anything yet from the way a lot of the paper work was filed and read/typed/prepared. It was just the Copyright office putting their 2cents in and recommended to the courts for future laws. But we all know how that works and the Copyright office and the courts. The $$$ of all the companies that want to protect their phones will prevail and all the customers will be where they are at now, stuck with an OS that is locked and the carriers will force more updates that lock down the phones even further or go back to a locked OS from the start.
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www.twopugsbrand.com Kosher, Vegan, and Organic Certified Dog and Cat treats/foods and other products! www.etsy.com/shop/snakx4u/ Organic, Kosher, Gluten Free, Vegan Human Baked Goods |
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| reply to Cheese
The ruling says T-Mobile can't take any legal action against people who root or try to root. It does not state T-Mobile has to allow rooting.
Basically it makes the cat and mouse game legal, but the companies are still free to lock down their devices.
So far they have been successful in rooting most every Android phone. |
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 vpokoPremium
join:2003-07-03
Boston, MA
1 edit | reply to hottboiinnc
said by hottboiinnc:from my understanding and the way the issue was worded as far as jailbreaking being illegal was only from the Copyright office and not the actual courts. Correct, there was no court ruling, but the statute (the DMCA) gives the library of congress the authority to decide whether certain behavior violates the law. They have ruled that under the statute, it doesn't, which would preclude any prosecution under the DMCA for rooting. |
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 LinklistPremium
join:2002-03-03
Longport, NJ
kudos:5 | reply to texans20
said by texans20:Basically it makes the cat and mouse game legal, but the companies are still free to lock down their devices. Correct. The law doesn't say the vendor can't lock down their devices - IF THEY CAN DO SO SUCCESSFULLY. It only says that those who can bypass the lock down haven't broken the law. |
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 N3OGHYo Soy Col. "Bat" GuanoPremium
join:2003-11-11
Philly burbs
kudos:1 | reply to texans20
Any lock, or lock down device devised by humans can eventually be broken by other humans.
It's only a matter of brains, talent, and time.
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Petty people are disproportionally corrupted by petty power |
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| reply to vpoko
right. which makes it still up to the carrier to decide until the courts decide. |
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vpokoPremium
join:2003-07-03
Boston, MA | said by hottboiinnc:right. which makes it still up to the carrier to decide until the courts decide. No, the courts will not be involved here because the ruling pre-empts prosecution of any individuals under the DMCA for rooting their phones.
The ruling does not, nor was it meant to, address the carriers' right to block rooting through technical means, it simply precludes prosecution. |
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| reply to heat84
said by heat84:said by Cheese:This was not breaking any kind of law by rooting? If so, T-Mobile may have an issue with this? Jailbreaking and rooting are like card counting. Not illegal but the casinos frown upon it. In both cases the money lost is a fraction of what is made by the companies/casinos, so its a waste of time for them to even care. Although jailbreaking and rooting are much easier than hacking and anybody can do them. But its still mostly geeks that do it. A fraction of the users. Someone will get around the rootkit before I click the Post Now! button anyway. Not sure about casinos and card counting, but have you seen 21? In that movie, they definitely cared about card counting. Since it's not illegal, they cannot have one(s) they caught counting arrested, but they are still 100% within their rights to kick them out. Casinos are private property and therefore can throw anyone off it if they see them doing something that they don't like, or for no reason at all.
I think it works the same way with jailbreaking phones. While it has been ruled that it's not illegal; therefore the phone manufacturer or the phone company cannot take any action against you if they catch you jailbreaking your phone. However, they can deny you warranty or any other kind of repairs if you brick your phone as a result of doing so. Of course, 99.9% of jailbreakers know how to restore their phone to stock firmware if they do manage to brick it, so it's really a non-issue for them.
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Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill... |
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| reply to vpoko
which still does nothing and no law will be created. so it still gives the carriers the upper hand to do what they wish with the phone and its operating system. |
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vpokoPremium
join:2003-07-03
Boston, MA
1 edit | said by hottboiinnc:which still does nothing and no law will be created. so it still gives the carriers the upper hand to do what they wish with the phone and its operating system. Well, yeah, they're the ones developing it, they have the right to *try* to lock it down. I like open systems, but I would be 100% against a law that prevented developers and manufacturers from developing and manufacturing however they please, including building in restrictions. I just contend that I should not be prosecuted or sued for trying to get around their restrictions.
You're way off your rocker if you think that you have a moral right to decide how another company designs their product, not going to happen. Don't want it, don't buy it. |
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patcat88
join:2002-04-05
Jamaica, NY
kudos:1 | reply to hottboiinnc
The copyright office of the library of congress is actually designated by the DMCA to make exceptions to the DMCA. They carry the full force of law behind them, just as anything else in CFR. |
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 ThespisI'm not an actor, but I play one on TV.Premium
join:2004-08-03
Keller, TX | reply to N3OGH
said by N3OGH:Any lock, or lock down device devised by humans can eventually be broken by other humans. It's only a matter of brains, talent, and time. Yes, but if breaking the lock also breaks the functionality of the device, what have you gained?
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Fast. Cheap. Safe.
Pick two... |
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