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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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#8 - Jes03 - 204w ago
Jes03's Avatar
$ony finally realized they can't stop a PS3 CFW and they can't stop the signing of anything anymore and this is just them having a cry about it. Their whole case is total bs and they know it but they love to waste our money.

Do they even realise the second we handed our money to the retailer that console became OURS. It's not theirs anymore so we can do whatever we like to it. If I want to jump on it I can, if I want to use to to jack up the car I will, if I wanted to use it as a boat anchor then I'll be loosing a boat but I can do that, if I wanted to install CFW on it then as its mine I can do that too.

If GeoHot wants to hack it to get Linux back on which it did have and they removed it then he can. If he wants to tell the world how to do it, I believe its his right to say whatever he wants to whoever wants to listen. If he finds some keys to the console then whats stopping him from telling people what they are? I believe as he lives in USA they have a thing called "Freedom of speech" and doesn't this fall into that?

$ony are just cry babies and don't know how to deal with this and as they have more money than sense this is what they do. They try to silence the world. Again, $ony are too late and there is nothing they can do about it but cry like little babies.

I think I everyone should boycott the PS4 just to teach $ony a lesson.

#7 - mono24 - 204w ago
mono24's Avatar
you just made my day! AWESOME PROMOTION MY DEAR HACKERS...

#6 - Haksam - 204w ago
Haksam's Avatar
None of the people that Sony is suing, cheated in PSN, nor depended their PS3 experience on PSN, nor destroyed/bring down the ecosystem that is PSN.

Sony = dumbass!

#5 - Ruck1707 - 204w ago
Ruck1707's Avatar
Let's think about this for a sec. Why would somebody put a guarantee on a box? Hmmm, very interesting. Here's the way I see it. Guy puts a fancy guarantee on a box 'cause he wants you to feel all warm and toasty inside. Ya figure you put that little box under your pillow at night, the Guarantee Fairy might come by and leave a quarter, am I right?

The point is, how do you know the fairy isn't a crazy glue sniffer? "Building model airplanes" says the little fairy; well, we're not buying it. He sneaks into your house once, that's all it takes. The next thing you know, there's money missing off the dresser, and your daughter's knocked up. I seen it a hundred times.

But why do they put a guarantee on the box? Because they know all they sold ya was a guaranteed piece of shit. That's all it is, isn't it? Hey, if you want me to take a dump in a box and mark it guaranteed, I will. I got spare time. But for now, for your customer's sake, for your daughter's sake, ya might wanna think about buying a quality product from me.

#4 - Anticleric - 204w ago
Anticleric's Avatar
Great story. This is about our rights, not about piracy and crap. Though piracy is fun for those of us that are poor


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