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View Full Version : EFF fights to get Jailbreaking allowed!



garyopa
12-03-2011, 10:52 AM
DMCA is up for review next year to add new 'exemptions' to it, and EFF.org has filed its comments

http://www.maxconsole.com/maxconsole/contents/RKSID00000000000000000337/icon_xl.jpg

After the big lawsuits earlier this year, that forced Geohot to give up after Jailbreaking the PS3 console like he did to the iPhone, the EFF.org has written up 65 pages on changes for the DMCA law!

Everyone remembers how Sony with its team of lawyers went after Geohot in Jan. 2011 after he released his Jailbreak for the PS3.

Unlike the Apple iPhone Jailbreak, there is really nothing anyone can do, the DMCA law in the states clearly makes it illegal to play around with 'video gaming consoles'.



Pursuant to the Notice of Inquiry of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies2 ("NOI"), the Electronic Frontier Foundation (EFF) submits the following comments and respectfully asks the Librarian of Congress to exempt the following classes of works from 17 U.S.C. 1201(a)(1)'s prohibition on the circumvention of access control technologies for the period 2012-2015:

Proposed Class #2: Computer programs that enable lawfully acquired video game consoles to execute lawfully acquired software applications, where circumvention is undertaken for the purpose of enabling interoperability of such applications with computer programs on the gaming console.

In filing these comments, EFF represents the interests of the many U.S. citizens who have "jailbroken" their cellular phone handsets, tablets, and video game consoles-or would like to do so-to use lawfully obtained software of their own choosing.


Recently the EFF.org has filed over 65 pages on changes it thinks should be made to the DMCA law as it is up for review shortly and it is very worthwhile to read thru, starting on page #19 going on up to page #37 the PS3 is mentioned alot along with the Wii, and various 'homebrew' authors are mentioned also like 'ThatOtherPerson' and DeanK with his now world-famous 'Multiman' app.

Hopefully, the USA Govt. will listen to all these 'comments' by the EFF.org in Oct. 2012 which is the date on when what will be decided on what things should be allowed or not for the next few years under the DMCA law, of course the ESA and other groups will be filling their reasons of why NOT to allow Jailbreaking of consoles, we will report on the anti-side once their 300 pages of bullshit is released!

Of course even if the USA Govt. does the right thing, it does not help many other countries like Canada whom are about to pass the C-11 law which is worse then the current USA DMCA law, or other countries like UK that already passed bills that basically take all your freedoms away for life.

Anyhow, attached is the PDF below, enjoy reading! -- And thanks to everyone that tip me off to the news. -- Most welcome! -- Let's all work together to win this fight!

NEWS SOURCES: EFF Fights DMCA (via) PS3Crunch (http://www.ps3crunch.net/forum/threads/1877-EFF-fights-to-get-Jailbreaking-allowed!) (and) Why Apple Sony Amazon Microsoft Should Support Jailbreaking? (via) EFF (https://www.eff.org/deeplinks/2011/12/why-apple-and-sony-amazon-microsoft-etc-should-support-jailbreaking)

billysastard
12-03-2011, 11:08 AM
sorry but there is no way either the corrupt politicians or their "owners" (lobbyists) will allow normal citizens to have the freedom to do what they want with consoles they have bought with the little money that hasnt been taxed off them, i mean could you ever imagine a company like sony allowing its console buyers to install an alternate operating system to run homebrew ever again without suing the entire population of the planet shortly afterwards and what would ms do if it couldnt sell you hombrew quality games on xbl?

IJTF_Cinder
12-03-2011, 09:18 PM
Funny how in the last decade there have been all these "laws" that are to be passed in Canada, that I haven't heard a god damn thing about and have never came to pass...and I live here.

What is this C-11 that I'm reading about now? Another made up "law" that won't actually materialize here? I've never heard of it, ever...

http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?Language=E&ls=c11&Parl=41&Ses=1&source=library_prb

Oooo a few modifications to already existing stuff, that has no real impact and won't be enforced anyway. There are DOZENS of things they'd have to repeal, including levies on blank media etc in order to do anything substantial. It's all WAAAAAAAY more lenient than the DMCA and what's allowed to happen in the US. There will NEVER be anyone sued here unless they're making $ from piracy, unlike the US where someone sharing a few songs gets sued.

MadonnaProject
12-04-2011, 03:47 AM
LOL this is not the 90's. information technology is no longer free. if anything they'll make the noose tighter.

Retroboy
12-04-2011, 11:54 AM
sorry but there is no way either the corrupt politicians or their "owners" (lobbyists) will allow normal citizens to have the freedom to do what they want with consoles they have bought

yup because that very given freedom will and does get abused.

so politicians are corrupt for making changes to laws that once wasnt in place untill now, jailbreaking leads to piracy, 10 years ago ther was no such thing as jailbreak, so yup theyre corrupt for updating laws.

billy your such a wise business man, you know so much.

IJTF_Cinder
12-04-2011, 01:53 PM
sorry but there is no way either the corrupt politicians or their "owners" (lobbyists) will allow normal citizens to have the freedom to do what they want with consoles they have bought

yup because that very given freedom will and does get abused.

so politicians are corrupt for making changes to laws that once wasnt in place untill now, jailbreaking leads to piracy, 10 years ago ther was no such thing as jailbreak, so yup theyre corrupt for updating laws.

billy your such a wise business man, you know so much.

Here's where you fail(well the most key point actually). Business has NO RIGHT affecting or setting laws made by the government...ever. Any laws that affect business, should be made in the interests of those it affects, but they should not be pandered to and have the laws made in their favor.

Retroboy
12-04-2011, 04:22 PM
so your a business and 10 years ago there was no such thing as a jailbreak, but now it is and its on your product.

i dont agree that jailbreaking should be allowed, end of the day it allows piracy, and when you purchase a product you shouldnt be able to do what you like with it (unless you want to throw it ect), you should only be allowed to do what the product was intended to be used for.

if you buy windows 7, you do not own the software and you would be breaking the law if you hacked it and released it over the internet for everyone to download.

so how is this me failing??

thing is people seem to only see one sided, sure this would allow more use, homebrew ect, but fail to see that having something with no controll will allways end up having people install mods to run pirated content, just because YOU would claim YOU wouldnt, ignor that OTHERS will and OTHERS do, so sorry jailbreaking shouldnt be made legal, you wouldnt release a product like this, so why would you allow it?

IJTF_Cinder
12-04-2011, 05:45 PM
so your a business and 10 years ago there was no such thing as a jailbreak, but now it is and its on your product.

i dont agree that jailbreaking should be allowed, end of the day it allows piracy, and when you purchase a product you shouldnt be able to do what you like with it (unless you want to throw it ect), you should only be allowed to do what the product was intended to be used for.

if you buy windows 7, you do not own the software and you would be breaking the law if you hacked it and released it over the internet for everyone to download.

so how is this me failing??

thing is people seem to only see one sided, sure this would allow more use, homebrew ect, but fail to see that having something with no controll will allways end up having people install mods to run pirated content, just because YOU would claim YOU wouldnt, ignor that OTHERS will and OTHERS do, so sorry jailbreaking shouldnt be made legal, you wouldnt release a product like this, so why would you allow it?

If I want my toaster to have wheels on it...I can do that and nobody can stop me.

If I want my Xbox to play software I wrote, or someone else wrote, I can do that...and nobody can stop me.

If I buy Windows 7, I can run software I write, and nobody can stop me...

You don't punish people before a crime has been committed, and this is what these Draconian laws are out to accomplish. It's none of your business, or the product's creator, what I do with it after I bought it.
If I steal software...punish me for that, but you can't punish me for making it so I can use my own software...on my own hardware, end of story...no if and's or buts.

If people like you had their way, Windows WOULD have been locked down at the point of Vista being released, and all motherboards would have those filthy Trusted Computing chips on them like they were planning to push years ago. Trusted Computing is now in PC hardware, but it's uses are not for Draconian DRM...Win7 uses it for BitLocker...not sandboxed DRM like was originally planned.

Oh and I'm a HUGE proponent of Open Source software AND Hardware. I really thought Sony had the right idea in mind with allowing Linux out of the box with the PS3, then they gimped it...then they pulled it completely. If they'd just allowed access to the GPU and left it alone, they'd still be sitting pretty.
People would still pay for retail games, just because they have easy access to making their own or using homebrew, doesn't mean they stop buying retail software...

Retroboy
12-04-2011, 07:06 PM
ok thats reatrded you failed to see the simple point made.

when it comes to consoles you never have been able to do 100% what you like, it has allways had limits mainly to protect the consoles security, if you can tell me a single console that from day one has given users 100% access to do what ever they like.

ohh wait you wont, because it is obvious that if you give this kind of access, people will abuse it, and then the console is saying yup you can pirate what ever you like.

this is why this law shouldnt be allowed, especially on the PS3, Jailbreak has clearly shown its been used for piracy, so why should it be made legal??

im sure many will claim well i dont, i only use it to restore other os but flaw with that is, we had it before egohot started hacking, also notice how it wasnt him who even restored, egohots intentions was clear from day one, he wanted to be the first to hack the ps3, he was the first to release a cfw that allowed users to install and run anything, thus opening the gates to piracy.

it depends if your willing to see beyond your hate for sony and see the actuall point, what jailbreak gets used for, then ask if you was a game dev, would you still insist your boss is corrupt for not wanting theives stealing your product, this is the part many in this forum fail to see, they just insist consumers should get what ever they want, yet the companies get no say.

if you chose to install a jeailbreak on your device you then should accept the fact the jailbreak is not supported endorsed nor approved therfor doesnt have to be supported and the company has a right to update and block/remove the jailbreak features.

IJTF_Cinder
12-05-2011, 08:12 PM
if you chose to install a jeailbreak on your device you then should accept the fact the jailbreak is not supported endorsed nor approved therfor doesnt have to be supported and the company has a right to update and block/remove the jailbreak features.

Ignoring the rest of your poorly constructed rambling...you have a point here, and here only, but it's still flawed as you're missing a point you (it seems) conveniently glossed over.

Those companies have all the right in the world to not endorse it, and to block it via firmware updates etc should they so choose.
If it's not open, and you want yours open...you make the choice of not updating, losing features etc. You can't have your cake and eat it too, you are now "unsupported".

What they DO NOT have a right to do, is to make it illegal and punishable in any court of law...

Retroboy
12-06-2011, 03:19 AM
so you think because i choose to use it, the persons that make it possible shouldnt be punnished??

so i now can choose to pirate games, the person responcible for making this possible (hackers aka jailbreak) shouldnt be banned.

so i choose to take drugs, that mean the dealers that supply me are not punnishable.

wrong

to tackle a problem, you take the source of the problem out.

but yea i know you wont see that simple point, i wonder if thats because you accept piracy is not illegal, your condoning the causes of it as acceptible, also wonder if you was a small dev making games, would you think its ok for people to steal from you??

JonathanD
12-08-2011, 11:38 PM
so you think because i choose to use it, the persons that make it possible shouldnt be punnished??

so i now can choose to pirate games, the person responcible for making this possible (hackers aka jailbreak) shouldnt be banned.

so i choose to take drugs, that mean the dealers that supply me are not punnishable.

wrong

to tackle a problem, you take the source of the problem out.

but yea i know you wont see that simple point, i wonder if thats because you accept piracy is not illegal, your condoning the causes of it as acceptible, also wonder if you was a small dev making games, would you think its ok for people to steal from you??

Some people keep using the term jail breaking with out knowing its real origin.

Just for informational purposes, jail breaking originated when companies (Apple) decided to lock phones into using one and only one carrier, the companies (Apple) took people to court, and promptly lost the case as most people really don't like to be locked into one carrier for a cell phone service.

One could argue that jail breaking a console would be legal as PSN would be the network provider and case precedent would tilt in favor of the jail breakers as they already won when it comes to phones.