Thursday, October 25, 2012

You Should Be Aware of This...

The Digital Millennium Copyright makes it illegal to "circumvent" digital rights management schemes,but when Congress passed the DMCA in 1998, it handed the Librarian of Congress the power to grant some other exemptions, adding to the "list".Unfortunately, The newest add-ons to the "list", which will be enforced for the next (oh the horror) three years were announced on Thursday.
Well this sucks,from now to late 2015, there'll be five sections of circumvention that will be allowed under the Librarian's rules, one fewer than the current "list" of exemptions, which was announced in July around two years back. The new exemptions take effect October 28.
 The new list of exemptions draw a picture of the fundamentally arbitrary nature of the DMCA's exemption process,or simply how they roll, For the next three years, you'll be allowed to jailbreak smartphones but not even a tablet computer that came from a "librarian"...You can unlock phones purchased before January 2013 but after that, nope. 
Even MORE "great" news...
It will be legal to rip DVDs to use an excerpt in a documentary, but not to play it on your iPad... none of these make any sense or shouldn't for that matter,but if i had to blame somebody,it'd be Congress more than the Librarian of Congress.

So you can Jailbreak an iPhone, but not iPad...

The new rules allow circumvention of "computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset.". her is a quick summary;
  •   jailbreaking is permitted for "telephone handsets," as it was under the 2010 rules.
  •  You cannot Unlock any smartphone after january of 2013,do it now or never i guess.
  • It's illegal to rip DVD's to use as excerpt in a documentary,but it's not to be played on your iPad.(!?)

What about tablets? Not a chance. The Librarian "found" a significant merit to the opposition’s worries and burdens and concerns that this aspect of the proposed class was broad and ill-defined..., as a wide range of devices might be considered 'tablets,' not bearing the significant distinctions among them in terms of the way they operate, their intended purposes,which half of the buyers will hack or gain root access to...so scratch the intended purpose, and the nature of the applications they can accommodate. For example, an e-book reading device might be considered a 'tablet,' as might a handheld video game device or a laptop computer."
What?!who on God's green blessing we come to know as Earth considers their...i don't know,DSi or laptop to be a tablet?!
The Librarian ruled that "the record lacked a sufficient basis to develop an appropriate definition for the 'tablet' category of devices, a necessary predicate to extending the exemption beyond smart phones."
well not necessarily "ill-defined" My friend once left her Samsung Tablet in her Desk,back in one of her major classes in college with me...(she's lucky i found it :]),and i didn't text her saying "Oh hey i found your laptop(or handheld game device)"no in fact that would be sad.

No more unlocking

In 2006 and 2010, the Librarian of Congress hadn't put on the "list" that users couldn't unlock their phones to take them to a new carrier,welcome back to the control of the indecisive librarian...or as i call her the
" Librarian 'sudden flip flop of listing' of Congress",because that's coming to an end. While the new rules do contain a provision allowing phone unlocking, it comes with a crippling warning: the phone must have been "originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption."
talk about another evil list...
So, phones you already have, as well as those purchased between now and next January, can be unlocked. But phones purchased after January 2013 can only be unlocked with the carrier's permission.
Why the new change of diapers in the smartphone unlocking policy? The Librarian cited two key factors.

  • One is a 2010 ruling that held that when you purchase software, you don't really own it,your just licensed to it according to the terms of the End User License Agreement. The Librarian argued that this undermined the claim that unlocking your own phone was fair use. 
  • The Librarian saw that there are more unlocked phones on the market than there were three years ago,{oh gee...i "wonder" why...}.
So,the Librarian saw that there are more unlocked phones on the market than there were three years ago,{oh gee...i "wonder" why...} plus,most wireless carriers have liberal policies for unlocking their handsets,so the invisible domino makes the other one fall and chaos sets loose...or something,but just because it's invisible doesn't mean it's not there,the Librarian of Congress decided that it's illegal to unlock your cell phone without the carrier's 'Approval'.


DVDs: Excerpts,no space-shifting

The most Stupidest lit add-on is mainly about DVDs.
Between now and 2015, it will be legal to rip a DVD "In order to make use of short portions of the motion pictures for the purpose of criticism or comment in the following instances:
  •  in noncommercial videos;
  •  in documentary films;
  •  in nonfiction multimedia e-books offering film analysis;
  •  for educational purposes in film studies or other courses requiring close analysis of film and media excerpts, by college and university faculty, college and university students, and kindergarten through twelfth grade educators.
  • " A similar exemption applies for "online distribution services."
Here comes the stupid part;3...2...1...
  the Librarian does not allow circumvention for space-shifting purposes.
Though public interest groups have "screamed" that consumers should be allowed to rip a DVD in order to watch it on an iPad that lacks a built-in DVD drive,or add an iPad disk tray to the design, the Librarian concluded that no court has found that such "space shifting" is a fair use under copyright law.
summary:
  • No jailbreak for iPad
  • No Unlocks after january 2013
  • No DVD ripping if your going to put it on an iPad
So...The Digital Millennium Copyright makes it illegal to "circumvent" digital rights management schemes,but when Congress passed the DMCA in 1998, it handed the Librarian of Congress the power to grant some other exemptions, adding to the "list".Unfortunately, The newest add-ons to the "list", which will be enforced for the next three years,and it really sucks!

No comments:

Post a Comment

Write what you think...