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Root Jailbreaking Exemption Law Could Expire Soon

Android is open source not closed like Crapple . That won't effect Android at all. Android is/based off Linux which again is open source. That's the whole point behind android/Linux, to be able to do whatever the hell you want and basically have Android and phone manufactures assist you in doing so that's why they release the source codes. Also why HTC for instance started a site and literally teaches/tells you how to unlock bootloaders and also now all new HTC phones will come from factory with unlocked bootloaders.
 
ShinySide said:
Android is open source not closed like Crapple . That won't effect Android at all. Android is/based off Linux which again is open source. That's the whole point behind android/Linux, to be able to do whatever the hell you want and basically have Android and phone manufactures assist you in doing so that's why they release the source codes. Also why HTC for instance started a site and literally teaches/tells you how to unlock bootloaders and also now all new HTC phones will come from factory with unlocked bootloaders.
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It will have an effect on us since this covers the methods used to gain root. Being open source makes no difference to the DMCA. And you can be sure that the carriers and manufactures (HTC excluded) will go after people who find ways to root/install custom ROMS.

http://androidcommunity.com/rooting...e-eff-fights-for-permanent-solution-20120125/

You may be thinking that the DMCA and other restrictive copyright laws doesn’t apply to Android because it’s open source, unlike iOS. And in most respects, you’re right – except where it isn’t. All of Google’s applications (Gmail, YouTube, the Android Market) carrier and manufacturer apps, and many Market apps are published as closed-source, copyrighted programs. Even some of the lower-level functions that manufacturers bolt onto Android’s code are copyrighted and in some cases protected by patents. The exemption to the DMCA makes modification to any of those elements legal for the specific purpose of “unlocking” a phone, be it for use on another network or just to use custom software. Were the exemption to expire, any root or bootloader exploit used to run custom software could technically become illegal – and those who distribute modified code or the instructions for modifying it could face civil or criminal charges.
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Some more information on the relevant section of the DMCA.

FAQ about Anticircumvention (DMCA) -- Chilling Effects Clearinghouse

Question: What are the DMCA's anti-circumvention provisions?

Answer: The Digital Millennium Copyright Act (DMCA) is the latest amendment to copyright law, which introduced a new category of copyright violations that prohibit the "circumvention" of technical locks and controls on the use of digital content and products. These anti-circumvention provisions put the force of law behind any technological systems used by copyright owners to control access to and copying of their digital works.

The DMCA contains four main provisions:

a prohibition on circumventing access controls [1201(a)(1)(A)];
an access control circumvention device ban (sometimes called the "trafficking" ban) [1201(a)(2)];
a copyright protection circumvention device ban [1201(b)]; and,
a prohibition on the removal of copyright management information (CMI) [1202(b)].

The first provision prohibits the act of circumventing technological protection systems, the second and third ban technological devices that facilitate the circumvention of access control or copy controls, and the fourth prohibits individuals from removing information about access and use devices and rules. The first three provisions are also distinguishable in that the first two provisions focus on technological protection systems that provide access control to the copyright owner, while the third provision prohibits circumvention of technological protections against unauthorized duplication and other potentially copyright infringing activities.
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http://www.chillingeffects.org/anticircumvention/faq.cgi#QID94

Question: What are technological protection measures?

Answer: Technological protection systems are already in place in DVDs, eBooks, video game consoles, robotic toys, Internet streaming, and password-protected sections of web sites. The fact that a digital protection may be really weak and easy to circumvent has not prevented courts from applying this law to punish those who bypass them.

The DMCA defines an access control mechanism as a measure which "in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work." [1201(a)(3)(B)] An access control is a technology, like a password or encryption that controls who or what is able to interact with the copyrighted work. It is a violation of the DMCA to circumvent access controls, but it is also a violation to provide tools to others that circumvent access controls (including selling, distributing free of charge, and possibly even linking to a site with such technology ? or even the source code).

The DMCA defines a copy control mechanism as a measure which, "in the ordinary course of its operation, prevents, restricts, or otherwise limits the exercise of a right of a copyright owner." [1201(b)(2)(B)]. Technological systems designed to protect against copyright infringement control whether the work can be copied, how many copies can be made, how long you can have possession of the work, etc. It is a violation of the DMCA to provide tools to others that circumvent copy controls [1201(b)], but it is not a violation of the DMCA to engage in the act of circumventing copy controls. Rather, the provision serves to buttress prohibitions against infringing activities of traditional copyright law.
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PlayfulGod said:
The way I see it, its my phone, I paid for it, I will do wtf I want with it, and as long as it doesnt abuse their crappy network, they need to keep their greedy ass noses out of what we do to OUR phones.
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This ^^

What are they going to do, arrest/imprison the millions of people in the U.S that have rooted/jailbroke OUR devices? The prisons would fill up awfully quick.
 
PlayfulGod said:
The way I see it, its my phone, I paid for it, I will do wtf I want with it, and as long as it doesnt abuse their crappy network, they need to keep their greedy ass noses out of what we do to OUR phones.
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Well PG I'm with you on that point. The other thing is with as many people that mod their phones are they really going to go all out to enforce this aspect of the law even if the exemption does expire?

I would say it's not too likely that people are going to be paying huge fines and going to jail over this thing. While I would never condone copyright infringement, it happens millions of times over per day and with very little consequence.

Laws like these are just not enforceable on any kind of real level imo.
 
What they'll attempt to do is fine the crap out of/shut down any and all websites that distribute/link to info regarding things like rooting (as well as all the other things already discussed)... and probably get our ISP's onboard their agenda by having them shut down our service if caught distributing... it would require heavy monitoring of everyone's surfing habits to enforce... but that's just my humble opine.

What I DO know is this - if passed, it will be essentially the opening of Pandora's box, and must be stopped at all costs. Our votes and voices must be heard... this is one we can't afford to sit on our laurels about.

"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

~ Good ol' "Bennie" Franklin
 
Anniedroid said:
What they'll attempt to do is fine the crap out of/shut down any and all websites that distribute/link to info regarding things like rooting (as well as all the other things already discussed)... and probably get our ISP's onboard their agenda by having them shut down our service if caught distributing... it would require heavy monitoring of everyone's surfing habits to enforce... but that's just my humble opine.

What I DO know is this - if passed, it will be essentially the opening of Pandora's box, and must be stopped at all costs. Our votes and voices must be heard... this is one we can't afford to sit on our laurels about.

"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

~ Good ol' "Bennie" Franklin
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Well said Annie! Well there is a will there is a way! :D

WOW think of all the JOBS that would be created uhhuh..;)(minimum wage of coarse) :eek:
 
This won't affect anything. It's a basic right like getting aftermarket parts. If they make a fuss it will get blown down like that crappy censorship bill anyways. The majority of all phone users in the USA are running android and rooted. At least the ones who value sharing of knowledge and like freedom.
 
kanaida said:
This won't affect anything. It's a basic right like getting aftermarket parts. If they make a fuss it will get blown down like that crappy censorship bill anyways. The majority of all phone users in the USA are running android and rooted. At least the ones who value sharing of knowledge and like freedom.
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SOPA and PIPA are a distraction from what Obama signed last year, that being ACTA which is far worse. And before this jailbreaking exemption went into effect people had been jailed for doing this type of thing.

Meet SOPA's evil twin, ACTA - Big Tech - Fortune Tech

FORTUNE -- It's only fitting that a loud, global outcry over ACTA, an international agreement to govern intellectual property, began just after the anti-piracy bills SOPA and PIPA were shelved by the U.S Congress in the face of massive public pressure.
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There are lots of other problematic provisions in ACTA, having to do with seed patents, generic drugs and other matters (watch this space for more), but the loudest criticisms so far have to do with its copyright provisions. In 2010, 75 law professors signed a letter to President Obama urging him not to sign the pact.

They went unheeded. Obama signed the pact -- which was originally developed by the United States and Japan -- last year. Other current signatories include Australia, New Zealand, Canada, Morocco, Singapore, and South Korea.
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Don't see the point of fining people over this. Rooting has nothing to do with copyright infringement since it is open source we can do whatever we want with it and also you don't even need to be rooted to download pirated apps so rooting doesn't make a difference. If it hurts anyone it will be iPhone/ipad users since apple likes to sue. Like how they sued Samsung which was BS
 
EFF petitioning to extend legal protection for jailbreaking phones and tablets | The Verge

if you have a few minutes please take action and keep this clause alive. You as the consumer have the right to do whatever you wish with the products you pay for. There is no "Ownership" if someone can tell you how and how not to use the devices you buy. Most of these phones, tablets, etc.. cost more than my first car.. and your damn right i do what i want with them. Restricting the use of such devices only hinders innovation which is, has and will continue to be the backbone of society.
 
kanaida said:
At least the ones who value sharing of knowledge and like freedom.
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Or the ones who realize there's an alternative to the crappy firmware they're stuck with from the factory/manufacturer. The day I figured out how to jailbreak my iPod Touch was probably the second best day to when I rooted my phone and put my first custom ROM on.

Freshkryp69 said:
Were going to have to kill the scumbag zionist swine!
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You said it, I didn't. ;)

Fixing to send my comment to the Copyright Office.
 
Freshkryp69 said:
Were going to have to kill the scumbag zionist swine!
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Whoa! Calm down dude!
Let's not refer to killing Jews or anyone else, okay?
Someone may not understand your sense of humor and take offence to that.

Honestly, I don't think they'll go after everyone that roots or jailbreaks their phone... but the info on how to do it will be hard to find online (if not impossible) after they pass it - that is, IF they pass it.

Shiney, I clicked on the Petition link you provided, and got - "This webpage is not available", even after several attempts... after doing a Google search on "Jailbreaking's not a crime", I found many links but none of them work... I find that 'interesting' to say the very least.
Any one else having that issue, or is it just me?

I wonder if they are trying to silence it already?
 
Anniedroid said:
Whoa! Calm down dude!
Let's not refer to killing Jews or anyone else, okay?
Someone may not understand your sense of humor and take offence to that.

Honestly, I don't think they'll go after everyone that roots or jailbreaks their phone... but the info on how to do it will be hard to find online (if not impossible) after they pass it - that is, IF they pass it.

Shiney, I clicked on the Petition link you provided, and got - "This webpage is not available", even after several attempts... after doing a Google search on "Jailbreaking's not a crime", I found many links but none of them work... I find that 'interesting' to say the very least.
Any one else having that issue, or is it just me?

I wonder if they are trying to silence it already?
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Huh they must be! I can't get to it eithr. I signed it last night even tho no matter what Im going to do whatever I want with MY phone that I bought with MY money. There was over 12000 sigs on it too
 
Annie, tripdocs link will take you to the EFF site where you can sign the petition. I signed last night even though like Shiny and every other Android user I'm going to do what I want with MY phone.

The entire premise of the law is ridiculous and if passed opens up a pandoras box of other restrictive laws on any other product as well imo.
 
Anniedroid said:
Whoa! Calm down dude!
Let's not refer to killing Jews or anyone else, okay?
Someone may not understand your sense of humor and take offence to that.

Honestly, I don't think they'll go after everyone that roots or jailbreaks their phone... but the info on how to do it will be hard to find online (if not impossible) after they pass it - that is, IF they pass it.

Shiney, I clicked on the Petition link you provided, and got - "This webpage is not available", even after several attempts... after doing a Google search on "Jailbreaking's not a crime", I found many links but none of them work... I find that 'interesting' to say the very least.
Any one else having that issue, or is it just me?

I wonder if they are trying to silence it already?
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"zionist" does not mean "jew". a zionist is someone (OF ANY RACE) that promotes the ideas and ideologies of zionism. to hint to the idea that "zionist = jew" is a racist thing in and of itself but lets not go there...
 
signed petition last night and just checked and the site was working for me...12630 signatures as of now
 
Prime85 said:
Don't see the point of fining people over this. Rooting has nothing to do with copyright infringement since it is open source we can do whatever we want with it and also you don't even need to be rooted to download pirated apps so rooting doesn't make a difference. If it hurts anyone it will be iPhone/ipad users since apple likes to sue. Like how they sued Samsung which was BS
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Rooting a phone allows you to pirate paid apps off of a phone (bypass access restrictions). That is how the DMCA comes into play. And this has nothing to do with Android being open source or not. Cracking a bootloader is also circumvention of an access restriction. In any case sites like this one will be in danger of being shut down if the exemption expires (think Megaupload).

EDIT: It appears that MetroPCS has our back. Although they're probably just trying to protect their ability to flash other carriers phones to work with their service.

http://www.copyright.gov/1201/2011/initial/metropcs.pdf
 
I don't want to get into this argument but here's my OPINION

Google created this os called android Google is the sole owner of android Google them self's have stated multiple times in the past they are exempt to the rules and regulation of the DMCA when it comes to the locking down of android and for this reason the DMCA can not enforce there rules upon android users.


Android os is a software created with the purpose of allowing end users the ability to root, modify, and create new software to go along with android platform In a sense this allows android to grow and becomes smarter.

Android is a os created to allow the american population to build upon it's platform and make it better

Google has stated for this reason they know that open sourcing is the right choice and this is why they provide all the src codes to us end users, so we can root we can modify and we can create.

Google has stated that the DMCA does not have the authority to tell them to lock down a software that was not created or intended to be locked down.

now this does not mean Google wont abide by copyright laws because they will all this means is they will not allow the lockdown of the android os unless they want to lock it down by choice of there own Not the DMCA.


once again this is my OPINION on this.
 
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