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DMCA Gets Dumber: Smartphone JailBreaking Illegal in 2013
Also, You Can't Make Legal Copies of DVDs You Own, Sorry
by Karl Bode 02:19PM Friday Oct 26 2012
While the oft-criticized Digital Millennium Copyright Act (DMCA) makes it illegal to bypass DRM, when the law was based back in 1998 a provision allowed the Librarian of Congress to grant certain exemptions. As Ars Technica notes, the latest triennial review of DMCA exemptions (pdf) again highlights how arbitrary and bizarre the DMCA can be. Under the latest exemptions, you're allowed to legally jailbreak your smartphone, but you're not allowed to jailbreak your tablet -- and overall, jailbreaking is something that the DMCA will be making illegal for phone bought in 2013 forward:
quote:
In 2006 and 2010, the Librarian of Congress had permitted users to unlock their phones to take them to a new carrier. Now that's coming to an end. While the new rules do contain a provision allowing phone unlocking, it comes with a crippling caveat: the phone must have been "originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption." In other words, phones you already have, as well as those purchased between now and next January, can be unlocked. But phones purchased after January 2013 can only be unlocked with the carrier's permission.
Jailbreaking isn't the only thing the Copyright Office declared a no no: the latest exemptions also declared that it's illegal to make personal copies of DVDs, and you can't legally modify your game console. Ars notes it's not just the DMCA that's absurd and broken, but the entire exemption process is so broken and comedic as to be out of a Terry Gilliam film:
quote:
Exemptions apply to the act of circumvention, but not to the separate provisions prohibiting "trafficking" in circumvention tools. So blind people who happen to be programmers are now free to write their own software to strip the DRM off their Kindle e-books in order to have them read aloud. But most blind people are not programmers. And anyone who supplies a blind person with the software needed to strip DRM from e-books is violating the "trafficking" provisions of the law even if the customer's use of the software is otherwise legal.
As all of this makes clear, the trend is toward making the DMCA even worse so that it prohibits you from having technological rights over the devices you've purchased and own.


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battleop

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reply to kxrm

Re: I'm a criminal, huh?

Communism is great until you add people. Then greed and laziness kicks in and it goes to he'll rather quickly.
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I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.

microphone
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Parkville, MD

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reply to silentlooker

Re: Time for cops to enforce the law

said by silentlooker:

After January we need cops to start enforcing the law and arresting anyone that violates it.



Ericthorn
It only hurts when I laugh
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reply to WiFiguru

Re: This has gone too far...

said by WiFiguru:

I'll do whatever the hell I want with my purchased products, thank you very much.

Second that. If I buy it, it's mine, and I'll do whatever the hell I want with it. We're not talking about buying a bunch of household products from Lowe's and making a bomb here. It's a goddamn phone/tablet. If I want to reverse engineer it to do what I want, I should be allowed to. Next up, they'll tell us that we can't configure our own PC's or remove software that comes preconfig'd that you buy at a b&m store.

I can't believe this is what it's coming to. What fucking country do I live in?
--
Ever try stuffing a melted marshmallow up a wildcat's ass? It can be done, but you have to like your job. - This Is The Way The World Ends by James Morrow - Join a DC club, it can't hurt you!


dfrandin
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reply to MyDogHsFleas

Re: I'm a criminal, huh?

Frankly, I don't give a rats-ass what they say.. as long as the copy of the DVD is FOR MY FAMILIES USE and NOT TO GIVE AWAY OR SELL, I'm gonna keep copying.. It's called Civil Disobedience, some of you may have heard of it.. Its used to protest stupid unfair laws like THIS ONE.. Try it, you might like it.. Of course it DOES require a backbone, something which I fear is sorely lacking in a lot of today's American people...


WiFiguru
To infinity... and beyond
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Irvine, CA

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This has gone too far...

I'll do whatever the hell I want with my purchased products, thank you very much.


dfrandin
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I'm a criminal, huh?

Well the handwriting has been on the wall for quite a while, but its perfectly clear now.. We're all criminals according to the government if we want to use OUR PROPERTY AS WE SEE FIT.. Trolls, I don't mean copywrite infringment, I mean making copies of DVD we purchase for archival/backup. I have kids, I'll be G-D'ed if I'm gonna let the kids greasy finger anywhere close to my DVD collection, which is why they get a nice copy of the DVD to play on *their* DVD player.. I'm gonna go on record here.. F-U Goverment, wholly owned and operated by the RIAA/MPAA...