EFF Seeks to Allow PS3 JailBreaking with Video Game Consoles


124w ago - Previously the EFF (Electronic Frontier Foundation) reported on the Sony / GeoHot PS3 case, and now they are seeking (PDF) to widen exemptions won in the last DMCA rulemaking to allow for the JailBreaking of smartphones, electronic tablets, and video game consoles including the PlayStation 3 system.

To quote: Copyright Office Should Expand Legal Protections for JailBreakers and Video Artists

San Francisco - The Electronic Frontier Foundation (EFF) urged the U.S. Copyright Office today to renew and expand the critical exemptions to the Digital Millennium Copyright Act (DMCA) granted last year in response to EFF's requests to protect the rights of American consumers who modify electronic gadgets and make remix videos.

In the exemption requests filed today, EFF asked the Copyright Office to protect the "jailbreaking" of smartphones, electronic tablets, and video game consoles – liberating them to run operating systems and applications from any source, not just those approved by the manufacturer. EFF also asked for legal protections for artists and critics who use excerpts from DVDs or downloading services to create new, remixed works. These exemptions build on and expand exemptions that EFF won last year for jailbreakers and remix artists.

"The DMCA is supposed to block copyright infringement. But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property," said EFF Intellectual Property Director Corynne McSherry.

"Hobbyists and tinkerers who want to modify their phones or video game consoles to run software programs of their choice deserve protection under the law. So do artists and critics who use short excerpts of video content to create new works of commentary and criticism. Copyright law shouldn't be stifling such uses – it should be encouraging them."

EFF's requests are part of the Copyright Office's rulemaking process, convened every three years to consider exemptions to the DMCA's prohibitions on "circumventing" digital rights management (DRM) and "other technical protection measures" used to protect copyrighted works. While this ban was meant to deter copyright infringement, many have misused the law to chill competition, free speech, and fair use. Exemptions are meant to mitigate the harms the law has caused to legitimate, non-infringing uses of copyrighted materials.

"We were thrilled that EFF won important exemptions to the DMCA in the last rulemaking," said EFF Senior Staff Attorney Marcia Hofmann. "But technology has evolved over the last three years, and so it's important to expand these exemptions to cover the real-world uses of smartphones, tablets, video game consoles, DVDs, and video downloads."

In drafting the requests, EFF had the invaluable assistance of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley, and the Organization for Transformative Works.

The Copyright Office will hold hearings on the proposed DMCA exemptions in the spring of 2012, with a final rulemaking order expected in October 2012.

For the full exemption requests:
https://www.eff.org/sites/default/files/filenode/2012_dmca_exemption_requests_no_appendix.pdf

For more on DMCA rulemaking:
https://www.eff.org/issues/dmca-rulemaking






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Comments 43 Comments - Go to Forum Thread »

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inginear's Avatar
#43 - inginear - 124w ago
pay for every (hacker developed) pkg on the console? please stop smoking crack. in the u.s it is legal for a person to jailbreak their iphone and use it as they see fit. do people with jailbroken iphones buy every single app that they have installed from somewhere other than the app store? heck no!

hacking devices is not just about video games. for the most part it is about adding features and functionality that was either left out due to costs or locked out of the firmware of lower priced devices. (most ti calculators have the same cpu, but software features of 83, 86, 89 are different.)

some "gaming" graphics cards and "workstation" graphics cards have the same chips also, just different firmware for the uber priced workstation cards. however hacking video game consoles may be done more so in the interest of video game pirating.

if hacking devices you own was logically illegal, then modifying your car's intake and exhaust for better gas mileage should also be illegal. after all you are hacking a huge electro-mechanical device in a way the manufacturer did not intend.

if you honestly believe that hacking your personal property is only to create business for a crappy company, then i have some ocean front property in colorado to sell you.

CJPC's Avatar
#42 - CJPC - 124w ago
Yeah - exemptions to the rules need to be made for those who enjoy tinkering with their own purchases. It's ridiculous that telling others how to expand the usability of their PS3's, tablets, phones, dvd players etc is in such a murky area!

jesterking1's Avatar
#41 - jesterking1 - 124w ago
This is why I give to the EFF! It's highly likely that Sony will be told to knock off the mandatory updates of firmware to play games! That is something that I feel should never have been allowed! I can't wait!

Kraken's Avatar
#40 - Kraken - 124w ago
The EFF is my favorite charity. Whenever the government or big corporations trample the rights of digital consumers (as they constantly do nowadays), the EFF is there, fighting for us.

Remember that you can get free games when you help the EFF if you do so by buying a humble bundle: humblebundle.com

patricktrapp81's Avatar
#39 - patricktrapp81 - 124w ago
can't wait to see how this pans out













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