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EFF Seeks to Allow PS3 JailBreaking with Video Game Consoles

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159w 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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#18 - KRaZE - 204w ago
KRaZE's Avatar
Go ahead, boycott it. Because when opening day comes, I don't want people like you in front of me.

#17 - sandro301 - 204w ago
sandro301's Avatar
Geohot will win this wannabe "fight" for poor mans by and vs. Sony !!!

#16 - Quake3000 - 204w ago
Quake3000's Avatar
This is just plain stupid you have a console you buy and its yours and you can do whatever you want with it... or is this the new sony in the future you buy a console for alot money but in real time you are just borrowing it?

#15 - PSPSwampy - 204w ago
PSPSwampy's Avatar
Thanks for posting this article - it's extremely well written and it addresses a number of issues that i've been concerned about for a while now.

Every time i read about Sony.... suing someone else, or spending loads of money on a complete waste of time, or removing features that were one of the main selling points, or (etc etc)... I loose more and more respect for the company. I've been a huge supporter of sony products over the years, being an early adopter i've spent thousands on their products (High spec bravia's, ps1, ps2, psp, ps3 etc).

The way they treat their customers (or anyone who tries to help their customers) is nothing short of barbaric. They behave like a dictatorship (in some respects) and think that they can do what they want.

I, personally, will have to seriously consider the move to the dark side (Microsoft) next gen - especially given MS's recent hacker (sorry "Researcher") friendly attitude - i.e. The recent news about Windows Mobile hacks.

I for one will be watching the outcome of this lawsuit like a hawk - hoping and praying that the courts save my rights as a consumer and that they prevent sony from screwing us all over.

But hey - that's just my opinion.

(Hmm XBOXSwampy - not sure, maybe)

#14 - inginear - 204w ago
inginear's Avatar
i hope more tech related organizations get behind this for geohot. if sony wins, this could turn into 1984. every tv would be built with a small camera embedded and it would be illegal to unplug the tv from the internet or wall.


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