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."

Comments

PC analogy

[cyachallenge]

Imagine if it were illegal to reformat your harddrive on your PC.

Re:PC analogy

[Rinisari]

Imagine if you could only put Campbell's Soup in your soup bowl, or only put Folgers coffee in your Folgers-branded coffee mug.

If there's no reason for a restriction on what I can do with the hardware I buy, other than restricting consumer choice, there's no reason for the restriction. If I can make something do what it wasn't intended to do, and it's not negatively harming others, why should I be deprived of my right to make it do that thing it wasn't meant to do?

Re:PC analogy

[sohmc]

This is kind of like the Linus Torvald's view of things.

I think you should allow users to be able to do whatever they want to their devices. But I think that those companies should have the right to void the warranty if they do.

That way, if some dumb user jailbreaks his phone because he thought he could be cool, but royally messed it up, he can't go crying to the manufacturer for coverage.

Re:PC analogy

[Synerg1y]

That's in place already. Jailbreaking = insta void.

Re:PC analogy

[ecorona]

Because they want to charge you for the privilege. Remember, corporations are machines built to make money and that is all. They will fight anything that reduces the amount of money they can make no matter how completely idiotic and absurd it is. Politicians have already sided with corporations, democrats and republicans alike. Here's hoping judges are not as easily bought off and will have some common sense.

Re:PC analogy

[Moryath]

I don't give a crap about the warranty.

At the same time, I bought *HARDWARE*. Sony shouldn't be able to tell me that I can't load custom firmware on it with the ability to run Linux, for example. The PS3 would make a GREAT media center to stream from my TV recording box, save that I can't load a custom firmware package for Linux AND keep the ability to run current games.

I only wish we could get it a step further and actually make it illegal for companies like the phone companies to do what they've done - sure it's "legal" to root your phone, but they keep trying to make it *impossible* by fucking with the shipped/official firmware.

Re:PC analogy

[Moryath]

When you buy such a device, you are buying hardware, as well as a license to use the included software or firmware often under the condition that the software not be modified by the end user. This is where many of the physical good analogies break down.

Thus, it should be my RIGHT to install an open source version of software, any software OS or package, that runs on the device.

And it should be CRIMINAL behavior on the part of the asshat corporations, to interfere with this right.

Re:PC analogy

[MozeeToby]

Imagine if you change your own spark plugs and two weeks later the rear passenger wheel falls off. The manufacturer should have to show that what you did caused the problem, just like they have to with any other product. Now granted, if I try to overclock the processor to 2x its normal rate and melt the damn thing that's my own fault, but if I unlock WiFi tethering and get a row of dead pixels on my screen the two are almost certainly unrelated.

Re:PC analogy

[viperidaenz]

It can be the cause of stressing components past the design limits. If the original firmware limited tx power to 50% due to thermal design and the custom firmware ran it at 100% and components failed, whos fault is it? What if the charging circuit was software controlled and the custom firmware wasn't set correctly for the manufactures design and the battery exploded, killing the cute little lolcat sitting next to it?

Re:Question

[Derekloffin]

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.

SFLC have a good submission too

[ciaran_o_riordan]

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/

Re:Wasn't this already done?

[Intron]

In the US it is illegal to require a consumer to only use the vendor's services in order to maintain your warranty (Magnuson-Moss Warranty Act)