Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.
Buying anything on Amazon? Please use the Geekzone Amazon aff link.




BDFL
50237 posts

Uber Geek
+1 received by user: 4763

Administrator
Trusted
Geekzone
Subscriber

Topic # 64992 27-Jul-2010 11:40 Send private message

In effect it means people (in the U.S.) can legaly jailbreak their handsets:


Librarian of Congress Announces DMCA Section 1201 Rules for Exemptions Regarding Circumvention of Access-Control Technologies
Librarian of Congress James H. Billington today released the following statement:

Section 1201(a)(1) of the copyright law requires that every three years I am to determine whether there are any classes of works that will be subject to exemptions from the statute’s prohibition against circumvention of technology that effectively controls access to a copyrighted work. I make that determination at the conclusion of a rulemaking proceeding conducted by the Register of Copyrights, who makes a recommendation to me. Based on that proceeding and the Register’s recommendation, I am to determine whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make noninfringing uses of those works. The classes of works that I designated in the previous proceeding expire at the end of the current proceeding unless proponents of a class prove their case once again.

This is the fourth time that I have made such a determination. Today I have designated six classes of works. Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention.

As I have noted at the conclusion of past proceedings, it is important to understand the purposes of this rulemaking, as stated in the law, and the role I have in it. This is not a broad evaluation of the successes or failures of the DMCA. The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways. The DMCA does not forbid the act of circumventing copy controls, and therefore this rulemaking proceeding is not about technologies that control copying. Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201.

In this rulemaking, the Register of Copyrights received 19 initial submissions proposing 25 classes of works, many of them duplicative in subject matter, which the Register organized into 11 groups and published in a notice of proposed rulemaking seeking comments on the proposed classes. Fifty-six comments were submitted. Thirty-seven witnesses appeared during the four days of public hearings in Washington and in Palo Alto, California. Transcripts of the hearings, copies of all of the comments, and copies of other information received by the Register have been posted on the Copyright Office's website.

The six classes of works are:

(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos

(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.

(3) Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network.

(4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
(i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
(ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law.

(5) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace; and

(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.

All of these classes of works find their origins in classes that I designated at the conclusion of the previous rulemaking proceeding, but some of the classes have changed due to differences in the facts and arguments presented in the current proceeding. For example, in the previous proceeding I designated a class that enable film and media studies professors to engage in the noninfringing activity of making compilations of film clips for classroom instruction. In the current proceeding, the record supported an expansion of that class to enable the incorporation of short portions of motion pictures into documentary films and noncommercial videos for the purpose of criticism or comment, when the person engaging in circumvention reasonably believes that it is necessary to fulfill that purpose. I agree with the Register that the record demonstrates that it is sometimes necessary to circumvent access controls on DVDs in order to make these kinds of fair uses of short portions of motion pictures.





Create new topic
5578 posts

Uber Geek
+1 received by user: 248

Subscriber

  Reply # 357080 27-Jul-2010 13:04 Send private message

Wonder if Apple software updates will still kill jail broken iphones??




Regards,

Old3eyes

1708 posts

Uber Geek
+1 received by user: 179


  Reply # 357130 27-Jul-2010 14:43 Send private message

old3eyes: Wonder if Apple software updates will still kill jail broken iphones??



and if it does i wonder if the new law opens them up to be sued for doing it, since they would be legal phones

5578 posts

Uber Geek
+1 received by user: 248

Subscriber

  Reply # 357353 27-Jul-2010 20:26 Send private message

"Apple: Jailbreaking may be legal, but it still voids your warranty"

http://www.phonedog.com/2010/07/26/apple-jailbreaking-may-be-legal-but-it-still-voids-your-warranty/




Regards,

Old3eyes

1708 posts

Uber Geek
+1 received by user: 179


  Reply # 357424 27-Jul-2010 22:16 Send private message

and this article is the other side and more to what i think could happen even if apple thinks otherwise

http://www.pcmag.com/article2/0,2817,2367033,00.asp

11376 posts

Uber Geek
+1 received by user: 627

Trusted
Subscriber

  Reply # 357481 27-Jul-2010 23:13 Send private message

Shame that the iPad isnt going to be helped by this initially.




Richard rich.ms

2929 posts

Uber Geek
+1 received by user: 588

Trusted
Subscriber

  Reply # 357536 28-Jul-2010 07:50 Send private message

All it means is that Apple can't sue you for jailbreaking in the US. It means nothing outside the US, and even *within* the US it doesn't mean Apple isn't still allowed to lock you out of iTunes and the App Store whenever they feel like it. It just means they can't call the police on you to have your life ruined.

Also, in less than 2 years time this decision is up for review again (there's a 3 year cycle, and they took a long time making this round's decisions) and they may change their minds and make it illegal again.

It's interesting, but it's hardly the end for Apple's walled garden.




iPad Air + iPhone 5S + 2degrees 4tw!

These comments are my own and do not represent the opinions of 2degrees.

Create new topic




Twitter »
Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





Trending now »

Hot discussions in our forums right now:

My un-consented UFB install
Created by thurthur, last reply by mdooher on 29-Nov-2014 22:52 (106 replies)
Pages... 6 7 8


This is the end ...
Created by joker97, last reply by joker97 on 29-Nov-2014 21:09 (65 replies)
Pages... 3 4 5


Excessive Vodafone Support call waiting times 75 mins and then i have to wait an hour for a callback
Created by i4n, last reply by Lurch on 29-Nov-2014 22:05 (41 replies)
Pages... 2 3


Gigatown winner town and plans
Created by freitasm, last reply by NonprayingMantis on 29-Nov-2014 07:40 (78 replies)
Pages... 4 5 6


Gull Employment Dispute.
Created by networkn, last reply by richms on 28-Nov-2014 17:57 (153 replies)
Pages... 9 10 11


Star Wars: The Force Awakens Official Teaser
Created by plambrechtsen, last reply by driller2000 on 29-Nov-2014 22:45 (16 replies)
Pages... 2


The Warehouse pulling R18 games and DVD's
Created by semigeek, last reply by Geektastic on 27-Nov-2014 18:32 (64 replies)
Pages... 3 4 5


Do Chorus Still Fit ADSL to Rural Cabinets?
Created by TLD, last reply by quickymart on 29-Nov-2014 22:46 (28 replies)
Pages... 2



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.