re USG: Jailbreaking iPhone is legal "fair use" (and more!)

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: "Kornfield, Susan" <SKORNFIELD () BODMANLLP COM>
> Date: July 27, 2010 5:52:49 AM EDT
> To: dave () farber net
> Subject: RE: [IP] USG: Jailbreaking iPhone is legal "fair use" (and more!)

> Dear Dave:
>  
> The Librarian of Congress did not make any determination about fair use.  The Librarian made a determination as to a 
> class of works whose technological measures could be lawfully circumvented.  This is an issue about access to the 
> content, presumably because access will allow noninfringing uses.
>  
> http://www.copyright.gov/title17/92chap12.html#1201
>  
>  
> Fair use is not about user access to the content of a work; it is a limitation upon the rights of copyright holders.  
> Fair use expressly permits the making of copies, the creation of derivative works, the distribution of copies, and 
> the like, by a person other than the copyright holder.
>  
> http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html
> Susan M. Kornfield
> Bodman LLP
> Suite 400
> 201 South Division Street
> Ann Arbor, Michigan 48104
> voice: 734-930-2488
> fax:   734-930-2494
> email: skornfield () bodmanllp com
> web:   http://www.bodmanllp.com
>
> From: Dave Farber
> Sent: Mon 7/26/2010 5:28 PM
> To: ip
> Subject: [IP] USG: Jailbreaking iPhone is legal "fair use" (and more!)
>
>
>
>
>
> Begin forwarded message:
>
> > From: cwysopal <cwysopal () gmail com>
> > Date: July 26, 2010 5:18:50 PM EDT
> > To: Richard Forno <rforno () infowarrior org>
> > Cc: List Infowarrior <infowarrior () attrition org>, Farber Dave <dave () farber net>
> > Subject: Re: [vor] USG: Jailbreaking iPhone is legal "fair use" (and more!)
>
> > Thank you EFF!!
> >
> > On Mon, Jul 26, 2010 at 5:10 PM, Richard Forno <rforno () infowarrior org> wrote:
> > > Library of Congress makes jailbreaking legal for fair use
> >
> > >
> >
> > > updated 12:25 pm EDT, Mon July 26, 2010US says jailbreaks, hacks OK when purpose is legal
> >
> > >
> >
> > > http://www.electronista.com/articles/10/07/26/us.says.jailbreaks.hacks.ok.when.purpose.is.legal/
> >
> > >
> >
> > > The Library of Congress today ruled that breaking copy protection is legal on many devices, including phones, for 
> > > the sake of fair use. The decision specifically allows smartphone owners to jailbreak and root their phones to run 
> > > legal third-party apps. It similarly greenlights unlocking the phone for use on another network that allows the 
> > > practice.
> >
> > >
> >
> > > Other exemptions also have significant impact on media. The move would let schools and others to break the CSS 
> > > encryption on DVDs to use short clips for documentaries and other not-for-profit efforts. Video game owners can 
> > > crack copy protection to study or fix security holes when it doesn't create an exploit by itself. Security dongles, 
> > > such as USB sticks, that aren't made anymore or easily repaired can also be cracked.
> >
> > >
> >
> > > Pressure exerted on Amazon to remove text-to-speech from the Kindle has also been thwarted, as the exemptions would 
> > > let owners break DRM barring the feature or any other conversion to an accessible format.
> >
> > >
> >
> > > The decision could almost immediately have an effect on Apple, Microsoft and any other smartphone OS designer whose 
> > > platform prevents the installation of outside apps. While it would not force them to automatically allow software 
> > > from beyond the App Store or Windows Phone Marketplace, it would prevent them from taking legal action against 
> > > jailbreakers or app developers that aren't violating any laws. It could additionally prevent AT&T from taking legal 
> > > action to stop customers from rooting Android phones to bypass its artificial ban on non-Market titles.
> >
> > >
> >
> > > None of the involved companies has yet to comment on or contest the Library of Congress decision.
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