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EFF Wins, Apple Loses, Jailbreaking is Now Legal

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News Posted: Mon, Jul 26 2010 9:30 PM
Every three years, the U.S. Copyright Office convenes to consider exemptions to the DMCA's ban on circumvention of "technical protection measures." On Monday, the EFF, which had submitted three such exemptions for this go-round of the triennial process, announced that all three exemptions had been granted, meaning for one thing, that jailbreaking iPhones is now officially legal.

Apple had said a long time ago that it considered jailbreaking iPhones illegal, but there was no legal basis in either direction. This exemption now means Apple can't take any legal action against jailbreakers, and it also would appear to free those rooting Android phones to do their work as well.

The EFF also applied to have unlocking cell phones to move from one carrier to another exempted as well, and that was also approved by the Copyright Office and the Librarian of Congress.


Finally, the EFF wanted an exemption granted for those who remix videos. In this case, the EFF wanted protections for those who rip DVDs and create new, non-commercial works for posting on YouTube for the purpose of commentary or criticism. At the same time, an exemption was granted for educators wanting to rip DVDs for educational uses.

Other DMCA exemptions granted by the Copyright office include:
  • An exemption for dongle-protected programs in which the dongle is no longer manufactured or if a replacement or repair is no longer available.
  • An exemption for copy protection on video games in order to investigate or fix security flaws
  • An exemption for e-books when there are no editions at all with accessibility methods such as read-aloud or screen readers
iPhone users shouldn't get too excited, though. While the decisions mean that no legal recourse can be taken against jailbreakers or unlockers, it doesn't say that Apple or AT&T are bound by law to give you a jailbreak or unlock. No, that will remain the realms of hackers, and you'll have to wait every time a new ROM comes out for a new jailbreak, as well.

It also doesn't mean that Starcraft 2, which launches on Tuesday, immediately has a security flaw that just has to be fixed right away, now does it?
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acarzt replied on Tue, Jul 27 2010 12:14 AM

Suck it jobs! How do you like that!  Devil

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Super Dave replied on Tue, Jul 27 2010 12:28 AM

^LOL!^

 SPAM-posters beware! ®

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Inspector replied on Tue, Jul 27 2010 12:47 AM

LOL, acarzt is hyped...! :D

 

So will apple have to replace my phone if i accidentally brick it? or at least give me support on it? :D its legal now... :P Seems like they just made everything copyright related legal there with an excuse to do it of course... :) (I bet apple customer service has phones ringing one after another asking for jail breaking support :P)

 

LOL at the sc2 comment! im getting mine after work tomorrow.

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acarzt replied on Tue, Jul 27 2010 1:07 AM

lol... no, it would still void your warranty. But at least this will prevent Apply from trying to bully people with scare tactics.

It's like a sucker punch to the gut for Jobs lol Huzzah!

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AKwyn replied on Tue, Jul 27 2010 4:36 AM

Huzzah here acarzt! Now all we have to do is wait until they pass a bill saying that no phone can be locked to one provider, then we can all have our iPhone love without dealing with crap reception and customer service.

 

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digitaldd replied on Tue, Jul 27 2010 9:28 AM

Jailbreaking legal but out of warranty.

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sackyhack replied on Tue, Jul 27 2010 10:00 AM

The other part that caught my eye about these exemptions was that it's now legal to circumvent DRM with the safety of your pc in mind. Sounds to me like you could argue that, using Ubisoft's horrible DRM as an example, that the requirement to be online at all times to play their games puts your pc at a higher risk from hackers, so it's legal to use some kind of anti-DRM tool and play it offline.

I doubt anybody regularly disconnects their pc from the internet as a security measure, but it still provides some ground for argument. Downloading a pirate version would still be illegal, but seems like cracks are now more questionable than illegal.

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AProctor replied on Tue, Jul 27 2010 2:58 PM

Big Deal if it is legal. It is still going to void your warranty

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AKwyn replied on Tue, Jul 27 2010 3:56 PM

AProctor:

Big Deal if it is legal. It is still going to void your warranty

You need to cheer up, we already know if it's going to void our warrenty. The big thing is now that we can't get arrested or sued for jailbreaking our phones.

 

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acarzt replied on Tue, Jul 27 2010 6:41 PM

lol.... the people who do these kind of hacks don't really care about warranty. lol

 

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3vi1 replied on Tue, Jul 27 2010 8:25 PM

Who's the kid in the photo, Kal-El?

What part of "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn" don't you understand?

++++++++++++[>++++>+++++++++>+++>+<<<<-]>+++.>++++++++++.-------------.+++.>---.>--.

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acarzt replied on Tue, Jul 27 2010 10:38 PM

That's me when I was younger... I have super powers... don't tell anyone tho.

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Yeah, if you notice Jor-El lost his power because he got married!

At least someone has legally told that smug turtleneck turd to Eat IT!!

Hopefully now, people will break it so Flash actually works on it!

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digitaldd replied on Mon, Aug 2 2010 10:27 AM

A friend of mine was looking for a cheap used iPod over the weekend and resorted to Craigslist, put in the serach term Ipod with a maximum price of $50 got thousands of hits 90% of which were will jailbreak iphone/ipod touch for prices ranging from $20-50 some even offered unlimited free apps.

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acarzt replied on Mon, Aug 2 2010 5:09 PM

Sounds like a whole bunch of scams lol

I can't imagine someone selling their ipod for that cheap with no strings attached.

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digitaldd replied on Tue, Aug 3 2010 10:09 AM

Wow, now you can jailbreak by going to a URL.. with your iPhone/iPod Touch.

 

cool

 

 

 

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