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Not comparable. Android explicitly allows third-party software (even if you have to toggle a setting first.) Jailbreaking falls under a legal gray area, which

by Andrex 6y ago

Not comparable. Android explicitly allows third-party software (even if you have to toggle a setting first.) Jailbreaking falls under a legal gray area, which is debatably covered by the "right to repair" section of the DMCA. Breaking a console's DRM explicitly to play non-approved software is violating the DMCA and against the law. As I said, not really comparable.

ChuckNorris89 6y ago
I live in Europe where the DMCA does not apply.
- zinekeller 6y ago
  Please look up your laws before commenting. Yes, DMCA, as you have correctly stated, does not apply in the EEA. However, IP infrigement in EEA is dealt with much tougher than the US. Don't believe me? From YouTube v GEMA and the whole youtube-dl debacle to cases in France regarding software copyright infrigement, the authors (in this case, Nintendo) have the collective right to assert copyright in the console software, and often is also the co-author of the software released on their platforms. As asutekku have stated: If you’re distributing the software to allow pirated usage the lawyers might disagree with you. It seems that the US is the leader in IP cases, but that is simply due to the fact that most companies that can act are based there. The reality is that Europe have different IP statures which favors the authors more than others. TLDR: US IP law deals economic losses, European IP law focuses on moral losses. This means that even with DMCA, Nintendo (and every other author, whether as an individual or company (in the non-corporate sense) or corporate) have rights in Europe that are stronger than in the US.
  - zinekeller 6y ago
    Genuine question in response to controversial voting pattern: Why? Is there a point here that is wrong specifically? Or you just hate the fact that corporations do have significant power in Europe? Because shooting down the messenger doesn't change the basic fact here.

by Andrex 6y ago

ChuckNorris89 6y ago

I live in Europe where the DMCA does not apply.

zinekeller 6y ago
Please look up your laws before commenting. Yes, DMCA, as you have correctly stated, does not apply in the EEA. However, IP infrigement in EEA is dealt with much tougher than the US. Don't believe me? From YouTube v GEMA and the whole youtube-dl debacle to cases in France regarding software copyright infrigement, the authors (in this case, Nintendo) have the collective right to assert copyright in the console software, and often is also the co-author of the software released on their platforms. As asutekku have stated: If you’re distributing the software to allow pirated usage the lawyers might disagree with you. It seems that the US is the leader in IP cases, but that is simply due to the fact that most companies that can act are based there. The reality is that Europe have different IP statures which favors the authors more than others. TLDR: US IP law deals economic losses, European IP law focuses on moral losses. This means that even with DMCA, Nintendo (and every other author, whether as an individual or company (in the non-corporate sense) or corporate) have rights in Europe that are stronger than in the US.
- zinekeller 6y ago
  Genuine question in response to controversial voting pattern: Why? Is there a point here that is wrong specifically? Or you just hate the fact that corporations do have significant power in Europe? Because shooting down the messenger doesn't change the basic fact here.