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EFF Seeks to Allow PS3 JailBreaking with Video Game Consoles


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139w 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:
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For more on DMCA rulemaking:
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Comments 43 Comments - Go to Forum Thread »

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ps3hen's Avatar
#28 - ps3hen - 139w ago
About time, though its a year late

NTA's Avatar
#27 - NTA - 139w ago
It's kind of like a double-edged sword imo. PS3 sales would increase but people would pirate games. Devs would have the freedom to release their firmware primarily for homebrew, such as GH and KaKaRoTo, but some Devs will also take advantage of this and release firmwares with backup ready capabilities. Discs can be easily broken, especially when a bunch of people come over and don't know how to behave sometimes. Little kids are especially destructive lol...

elser1's Avatar
#26 - elser1 - 139w ago
too many people that know everything have there opinion, just like they have rear, and thats where thier opinions sprout from.. this is good news. i doubt this will effect me in australia as we are still in stoneages for this type of thing..

people like barryk know what they're talking about so how bout some respect.. or you can always go to a trash talking forum.. here at ps3 news we hope for better than that.

KickYoAss's Avatar
#25 - KickYoAss - 139w ago
Don't be mad. Quit acting like $400 or even $500 is a lot of money, I put damn near half of that into savings every week!

Bending over and taking it from Sony? Go buy your brokeass a xbox off of craigslist plz.
Wow, I'm sure he's sorry King KRaZE. I hope no one ever writes another upsetting comment for you. I bet you have a few lamborghinis too. Who gives a flying chili-bean fart what you put into savings every week? You're being an "old fashioned."

barrybarryk's Avatar
#24 - barrybarryk - 184w ago
yep very true, i'm half expecting sony to announce the psp2 for release around october time. Just in time for parents to be tortured into paying the ridiculous launch prices so santa can be up to spec.

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