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."

Re:Question

[jedidiah]

They've already done it for the iPhone.

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.

Re:Wasn't this already done?

[Derekloffin]

That was specific to mobile devices. This is asking for that right on pretty much every device.

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 [softwarefreedom.org]

And their press release gives an introduction:
http://softwarefreedom.org/news/2011/dec/02/proposed-dmca-exemption/ [softwarefreedom.org]

Re:PC analogy

[Synerg1y]

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

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)

Re:Wasn't this already done?

[AdamJS]

This is seeking to legitimize on most consumer devices rather than just phones.

An action that would more than piss off executives at companies like Sony.

Re:Subsidized Devices

[drb226]

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.

Summary of SFLC's submission

[ciaran_o_riordan]

They've asked for a DMCA exception for:

Computer programs that enable the installation and execution of lawfully obtained software on a personal computing device, where circumvention is performed by or at the request of the device's owner.

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.

Re:Consoles

[Darkinspiration]

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...

Re:Jailbreaking consoles

[Captain Spam]

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.

Re:PC analogy

[compro01]

The Magnuson-Moss warranty act makes the legality of that questionable unless they can demonstrate that the jailbreaking caused or substantially contributed to the failure.

I just don't think anyone has bothered taking it to court, as it would really be cheaper just to buy a new phone than sue them over it.

Re:Isn't there a complication for phones?

[Beardo the Bearded]

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.

Stop calling use users!

[KGBear]

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...

Re:PC analogy

[Anonymous Coward]

a piece of hardware that legally can only be used to play said games

WTF are you talking about? Sony advertised the PlayStation as being able to run Linux. What country does have a law which says "a PlayStation can only be used to play games on?"