New DMCA exemptions announced by the Librarian Of Congress make it legal, at least in the US, to jailbreak mobile phones. The new exemption also allows the rooting of Android devices.
The Librarian Of Congress found that jailbreaking is generally done to enable fair use under US copyright law and that the objections of mobile phone providers and vendors were based on business model concerns rather than copyright protection. The exemption for unlocking phones for use on different mobile phone providers’ networks was also renewed.
The exemption, which was proposed by the Electronic Frontier Foundation (EFF) and strenuously opposed by Apple, could open the floodgates for iPhone apps from major software vendors which would never have been available otherwise.
In addition to the EFF, the jailbreaking exemption was backed by such big names as Mozilla Corporation and Skype.
Thanks to Apple’s use of encrypted code during the boot process it was previously a DMCA violation to reverse engineer the iOS. This has allowed them, through the App Store approval process and SDK Terms Of Service, to tightly control what apps were available for the iPhone and even what tools could be used to create them.
The new rules could result in Adobe either releasing Flash for jailbroken iPhones or placing new emphasis on the Adobe AIR Packager for iPhone, introduced in the recently released Flash Professional CS5. Changes in the iPhone SDK TOS earlier this year prompted Adobe to halt future development of the tool.
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Result for: copyright protection
The Recording Industry Association of America (RIAA) has announced, jointly with the Congressional members of the International Anti-Piracy Caucus (IAPC) the first ever Notorious Illegal Sites list, calling out the six most “notorious” sites used for unauthorized downloads of music, movies and other copyrighted works.
Additionally, the groups named Russia, Mexico, China, Canada and Spain as the “Top Priority Countries” for lax anti-piracy efforts.
The sites to make the list are: China’s Baidu, Canada’s IsoHunt, Ukraine’s mp3fiesta, Germany’s RapidShare, Luxembourg’s RMX4U.com and Sweden’s The Pirate Bay.
The groups say these sites and their services provide little other uses than an exchange of unauthorized copyrighted works.
“The release of this report casts a damning spotlight once again on several nations with lax copyright protections and websites that brazenly traffic in copyright theft. I’m particularly struck by the IAPC decision to identify significant global websites that facilitate massive theft; theft that destroys jobs and cuts short the dreams of creators who find it more difficult to attract the capital they need to build their careers. Just last week, five years after the 9-0 Supreme Court landmark decision against Grokster, we saw a federal judge rule against the most significant theft machine in this country – LimeWire. While it took some time for the judicial process to work, we did see that in a nation of laws, those who set up elegant schemes to profit from theft will be stopped. There is basic accountability, although much work needs to be done to achieve a fully accountable Internet space,” says Mitch Bainwol, Chairman and CEO, RIAA.
Result for: copyright protection
RealNetworks has appealed the recent court ruling that blocked it from selling its RealDVD copying software.
The company never got to sell one unit of the software before they were taken to court by the media industry, with full backing by the Hollywood studios. Real was served with an injunction in August, banning sales of the software and of an upcoming set-top that incorporates the technology.
U.S. District Court Judge Marilyn Hall Patel ruled at the time that RealDVD circumvents the CSS copyright protection of the discs, thus violating the DMCA.
At the same time, Patel rejected the “Fair Use” argument the company was making, despite Real’s claim that they were simply giving customers the chance to exercise their right to make backup copies of movies they own.
The appeal trial is set to start November 9th and should garner big media attention.
