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EFF Asks To Make Jailbreaking Legal For All Devices
Diggester writes "Jailbreaking is a way to break off from the limitations imposed by the mobile vendor to download additional applications and themes etc. which aren't available otherwise. It provides root access to the device by use of custom kernels. It is common with the iDevices and has been rendered legal by the efforts of EFF (Electronic Frontier Foundation) in July 2010. The Electronic Frontier Foundation is now determined to make Jailbreaking legal for all the consumer electric goods. They have asked the US copyright office to declare it legal to jailbreak all the devices like smartphones, tablets, gaming consoles etc. no matter who the vendor is. The aim behind this plead is to change the Digital Millennium Copyright Act (DMCA) which prohibits such an access to the user."
Imagine if it were illegal to reformat your harddrive on your PC.
They've already done it for the iPhone.
A Pirate and a Puritan look the same on a balance sheet.
I vaguely recall a judge pretty much saying that jailbreaking is not illegal, but may void the warranty. I only remember due to the large number of jokes of how Steve Jobs was just loving it since he now didn't have to support millions of jailbroken phones.
Legislative action would be nice, but if it's already done, then let's not waste the time.
We don't live in Shouldland.
They do. They were specifically given the right to add exemptions. I personally feel this is too much to ask though as it almost completely removes the teeth from the law when it comes to hardware copy protection. But, hey, I'm not in charge here.
the depressing part is, this was the 5th comment and the first one to actually try to RTA
SFLC's request would be a bigger win. Here's their submission:
https://www.softwarefreedom.org/resources/2011/SFLC-proposed-DMCA-exemption.pdf
And their press release gives an introduction:
http://softwarefreedom.org/news/2011/dec/02/proposed-dmca-exemption/
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Jail-breaking the device doesn't let you out of the contract. If I buy a phone from AT&T with a 2 year contract and jail-break it, I still have a two year commitment with AT&T for service. I don't believe that has any bearing on the fact that I bought (not leased) the device, regardless of what I paid for it. If they don't want me to break it, provide access to all the features on the device rather than greatly restricting it. Just don't see that phone subsidies (read, we pay to much for our wireless service contracts) are an issue at all.
This is a bit of a side question, but it begs to be asked: I've often wondered if there is a rep or senator that actually knows what the difference between "computer" and "CPU" without help from his staff.
I've actually considered running for office for these types of laws to be passed (REAL net-neutrality, get rid of software patents, etc). The more I get older, the more I'm convinced that most politicians are just mouthpieces of a PR firm that has voting privileges.
We don't live in Shouldland.
The [mobile] devices are subsidized...by you. The ridiculously high monthly cost of a contract more than covers the cost of the device; astronomical cancellation fees pay for the device if you decide to jump ship. Also, this is about a lot more than just mobile devices.
The real problem is that devices are Subsidized. If you don't pay for all of the device, should the company be able to lock you in on the device? I think they should.
Why? You're still in a contract with them. In fact, it's even more beneficial to them if you jailbreak - you still have to pay them for their services, but if you go to another carrier as well, they don't have to provide them. Free money.
Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
The real problem is that devices are Subsidized. If you don't pay for all of the device, should the company be able to lock you in on the device? I think they should. If they can't then it becomes harder for them to make their money back and they will stop subsidizing devices. Once the contract is over, or if you paid full price, then you should be able to do whatever you want.
The contract obligates you to maintain service for 1 or 2 years or else pay for the phone. Once you've signed the contract it's your phone. Hint: who's on the hook to repair it if it breaks?
Intron: the portion of DNA which expresses nothing useful.
That's been done for years in order to fine tune a motor for increased hp/torque/fuel efficiency.
They've asked for a DMCA exception for:
So, for any device you buy, you can install GNU/Linux, or Rockbox, or OpenWRT, or Sugar, OpenMoko, etc.
Their argument is based on recognising the value of the jailbreak-exemption which was granted in 2009, and saying that SFLC's suggested exemtion is what's needed in 2012 and beyond to achieve that same sort of goal.
There's no dense legalese in the document. It's a readable set of arguments with numbers and examples to back them up.
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Unfortunatly DRM is more about market control and medium control then preventing piracy. It was shown time and time again that all DRM is eventualy broken and will not stop the pirate. It will however stop the used seller, region lock the product and force antiquated distribution pratice. Currently piracy is the convinient excuse. I would think that if piracy would go away tomorrow our media would still contain DRM just in case...
If you cannot do what you like with you hardware then you obviously do not own it. If you do not own it you are not responsible for recycling it. Which means you just have to return all your old devices the store where you got them and it is there problem (cost) to recycle.
Undetectable Steganography? Yep, there's an app fo
Honestly, I can't imagine it'll be that huge an implication. Just because it'll be legal doesn't at all mean Microsoft, Nintendo, or Sony need to make it easy, nor does it stop them from ruining old jailbreak methods with new firmware, like what they do now, to whatever effectiveness it does.
It just means fewer people get arrested for it. And I don't think I've heard about many arrests in that area lately.
Demanding constant attention will only lead to attention.
good EFF'ing luck with that.
at least the ps3 took any laptop sata HDD.
But the xbox locked into high cost MS hdd's that can be hacked around but you get banned for hacking?
Let me tell you a story about an FCC-approved transmitter. It ran on an open frequency at burst data, 12ms at 50mW. The harmonics and power were too high for the FCC. The FCC suggested that I put in a delay of 87ms then a 1ms burst. They would then average out the signal strength over 100ms and use the average power for the transmission for the tests.
I changed the code, it passed the tests, and microchip sends the chips pre-programmed by the reel.
So that's how software can change your FCC compliance.
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ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
In this instance, we are not simply "users." We are owners. We have purchased devices, we have payed for them with our money, either upfront or by signing up for a multi-year contract, after which time the device belongs to the buyer. We are owners, buyers, proprietors, NOT users. We may be users from the point of view of the software licenses that usually come attached to these types of devices, but we should be able to wipe that software and install whatever we please on the OUR devices...
That's rather the whole goal, though, now isn't it... that you don't own your hardware, but lease all of it, with the root level control not in your own hands. It makes life much simpler (and thus profitable) for the producers of said hardware. It also ensures that they can grab whatever data they want, whenever they want, without any control over it by you, the lessee of said device.
Check your premises.
If it were legal then it would legitimize businesses that build themselves around provided help or tools for people to jailbreak their devices.
Think of it as if modding an Xbox was legal. There would be tons of companies providing quality mod chips and services with healthy competition instead of having to go to someones shady friend who bought a shady mod chip from a shady website from China.
Honestly, I can't imagine it'll be that huge an implication. Just because it'll be legal doesn't at all mean Microsoft, Nintendo, or Sony need to make it easy, nor does it stop them from ruining old jailbreak methods with new firmware, like what they do now, to whatever effectiveness it does.
If it's legal it can be widely advertised and freely undertaken. If jailbroken phones are desirable, their legality will create a market for jailbreakable phones and (with time) vendors will try to expand into that market.
It just means fewer people get arrested for it. And I don't think I've heard about many arrests in that area lately.
Wouldn't it also mean fewer people get sued under the DMCA for it? Like, say, Geohot?