x404.co.uk
http://www.x404.co.uk/forum/

U.S. government makes jailbreaking legal!!
http://www.x404.co.uk/forum/viewtopic.php?f=19&t=9686		 Page 1 of 1
Author:  bobbdobbs [ Tue Jul 27, 2010 9:26 am ]
Post subject:  U.S. government makes jailbreaking legal!!
clicky

Quote:
The U.S. Government Library of Congress Copyright Office announced today new policy changes that let owners of electronic devices break security protections within the device to allow non-authorized code and programs to be run on the operating system.


Quote:
This is fantastic news for everyone, especially iPhone users. The law now makes jailbreaking and unlocking of devices, like the iPhone, legal in the United States, allowing for unauthorized code and programs like Cydia to be run on the device without warranting criminal prosecution. The change will allow for cell phone owners to legally “unlock” their devices for use with other available carriers


now that is interesting. The possibilty of a totally legit competitor app shop to Apple.
Author:  Amnesia10 [ Tue Jul 27, 2010 9:36 am ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
It might also stop the bizarre censorship of apps by Apple on moral grounds rather than security.
Author:  Spreadie [ Tue Jul 27, 2010 9:55 am ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
Cool.

It isn't likely to stop Apple voiding warranties though, is it?

If so, that would dissuade owners from using third-party app stores.
Author:  jonbwfc [ Tue Jul 27, 2010 10:41 am ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
Absolutely. In the real world, this changes very little. While jail breaking was technically a breach of the DMCA, was anyone ever prosecuted for doing it? Not as far as I know. Was anyone ever likely to be prosecuted for it? I very much doubt it. It's very likely the fact that it was effectively an unprosecutable offense was a large factor in the court ruling it as not illegal - there's no point something being illegal if you're going to do nothing to stop it.

Jail breaking will still void your device warranty and will still more than likely put you in breach of your mobile provider contract if you use it to unlock the device to use another provider's service. Whether that will ever come to anything legally is also highly unlikely IMO. Other than the music industry, very few people are stupid enough to start suing their customers, especially in a market as vitriolicly competitive as the mobile phone business.

Most people still won't jailbreak. The fact it was illegal wasn't what was stopping them before, it was the fact it was a 'techy' thing they couldn't be bothered to do, they were stuck in contracts anyway and they didn't see an enormous benefit to doing so. None of those things have changed at all.
Author:  Linux_User [ Tue Jul 27, 2010 12:24 pm ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
jonbwfc wrote:
Jail breaking will still void your device warranty and will still more than likely put you in breach of your mobile provider contract if you use it to unlock the device to use another provider's service.


What? I don't know about the US, but in the UK no-one can stop you from unlocking a phone by stipulating it in your contract. You can't be denied your consumer rights in this manner.
Author:  big_D [ Tue Jul 27, 2010 1:12 pm ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
The key phrase is "for legal purposes". Basically, the court said that you can break DRM on software for legal purposes.

The whole thing came about, because a bunch of dongles expired, even though the software was still fully licenced. They manufacturer tried to sue GEC, because they circumvented the dongle checking mechanism, so they could still use the software they had paid for, without having to buy replacement dongles.

The New Orleans 5th Circuit Court decided that circumventing DRM does not break the Digital Millenium Copyright Act (DMCA), AS LONG AS the purpose doesn't break copyright - so using libdvdcss on Linux is legal, ripping a DVD to a different medium isn't.

The mobilephones is a little more complicated, but as long as you aren't jailbreaking for purposes outside your contract (using software prohibited by the contract, E.g. jailbreaking a phone to install a tethering app, when tethering is forbidden on the contract would be illegal, jailbreaking to use a game which isn't in an app store wouldn't be, as long as the game doesn't break any decency laws etc.).
Author:  Amnesia10 [ Tue Jul 27, 2010 7:37 pm ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
big_D wrote:
The mobilephones is a little more complicated, but as long as you aren't jailbreaking for purposes outside your contract (using software prohibited by the contract, E.g. jailbreaking a phone to install a tethering app, when tethering is forbidden on the contract would be illegal, jailbreaking to use a game which isn't in an app store wouldn't be, as long as the game doesn't break any decency laws etc.).

I would have thought tethering was down to the network provider. Many will not have tethering but some will if you are willing to pay for it. Also the decency laws would be irrelevant unless it was illegal such as child porn. Just because Apple have a decency clause does not mean that it is enforceable. You might not get it in the App store, but if you buy it else where that does not break the App stores decency rules.
Author:  big_D [ Wed Jul 28, 2010 4:21 am ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
Interestingly, jailbreaking mobilephones was previously also legal, the court has just re-enforced it.

The data plan doesn't know the difference between tethering and the phone using data. Most providers only allow tethering at extra monthly cost and the tethering function of the iPhone and other smartphones, like the Androids, have tethering disabled by default. Jailbreaking the 'phone to turn on tethering, without paying the extra for tethered data, would fall outside this judgement.

Interestingly, you can rip parts of a DVD for a mash-up, but you can't rip the whole DVD...

It is also still illegal to sell or provide equipment or software which helps break DRM or copy protection - therefore, it is legal to use the jailbreaking software, to jailbreak the 'phone, but it is illegal to distribute or sell the software; so you'll have to write your own jailbreaking code from now on. ;)
Author:  Amnesia10 [ Wed Jul 28, 2010 7:20 am ]
Post subject:  Re: U.S. government makes jailbreaking legal!!
big_D wrote:
Interestingly, you can rip parts of a DVD for a mash-up, but you can't rip the whole DVD...

Well that still leaves most CD ripping for music illegal then? I can see the benefits of having a DVD ripped completely but the DVD must still be retained so that all you have done is format shift. That is what should be the law.
Page 1 of 1 All times are UTC
Powered by phpBB® Forum Software © phpBB Group
https://www.phpbb.com/