The DMCA

Discussion in 'Jailbreaks and iOS Hacks' started by mathcolo, Oct 10, 2008.

  1. mathcolo macrumors 6502a

    Joined:
    Sep 14, 2008
    Location:
    Massachusetts
    #1
    I was just doing some things and it occurred to me that isn't iPhone jailbreaking a violation of the Digital Millennium Copyright Act?

    Just a thought... what do you guys think?
     
  2. Four20 macrumors 6502a

    Four20

    Joined:
    Sep 22, 2007
    #2
    Im not a lawyer. . .but doesn't the DMCA only prevent owners of Internet properties(websites or services) from being held liable for content posted by it's customers/users

    I mean that's the only reason why binary newsgroups are still in business.

    Maybe someone wants to fill me in on a section of the DMCA that I am unaware of?
     
  3. vexatia macrumors regular

    Joined:
    Aug 9, 2008
    #3
    There's an interpretive regulation that specifically exempts the unlocking of phone firmware to enable use of a phone on another carrier from the DMCA's prohibitions. I'll find a link and post it later. The effectiveness of the regulation expires in the next year or so, iirc. Also, it's unclear whether the regulation permits the unlocking of firmware for any purpose other than use of the phone on another carrier (i.e. installing unauthorized third-party applications). The reasoning behind the regulation relied on the belief that carrier-locking only supports a business model and does not protect against an infringing activity (i.e. by using another network, one is not misappropriating anyone else's intellectual property). So, the question becomes whether firmware locks that prohibit installation of third party applications serve the purpose of preventing infringement. One might argue both ways.
     
  4. vexatia macrumors regular

    Joined:
    Aug 9, 2008
    #4
    The DMCA does more than merely insulate (subject to satisfaction of certain conditions) ISPs and site owners from liability for acts of infringement by third-parties who 'misuse' their network or web-sites. So, for instance, the DMCA makes it illegal to circumvent electronic security devices (with a view to those who would nullify electronic copy-protection devices, such as the DRM) under certain circumstances (which prohibition speaks directly to locking/unlocking questions).
     
  5. IroquoisPliskin macrumors regular

    Joined:
    Oct 11, 2008
    #5
    Nope. :)
     
  6. Four20 macrumors 6502a

    Four20

    Joined:
    Sep 22, 2007
    #6
    o, lol. i didn't know it extended that far
     

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