3 ms·

Why should they if it's entirely your phone bought with entirely your money?

by guard-of-terra 14y ago

stephengillie 14y ago
I think it's because you're violating the copyright they have on the software, but I'm not sure.
- guard-of-terra 14y ago
  So now I can't use the device I bought however I want? I state that any law preventing me from using the device I bought however I want violates human rights and therefore void.
  - stephengillie 14y ago
    You're also legally prevented from impaling another human with your smartphone.
    - guard-of-terra 14y ago
      This is where I interact with another human being. However if I'm not interacting with another human being, this argument doesn't apply. On my own I can do what I want with it.
- gizmo686 14y ago
  Close. The main issue is not that you are violating any copyright, but that in order to jailbreak, you must bypass the DRM system, and under the DMCA it is illegal to do so apart from specific exemptions that are determined every 3 years by the library of congress. From the law (section 1201): "`(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. " "`(C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding on the record for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine-- `(i) the availability for use of copyrighted works; `(ii) the availability for use of works for nonprofit archival, preservation, and educational purposes; `(iii) the impact that the prohibition on the circumvention of technological measures applied to copyrighted works has on criticism, comment, news reporting, teaching, scholarship, or research; `(iv) the effect of circumvention of technological measures on the market for or value of copyrighted works; and `(v) such other factors as the Librarian considers appropriate." "`(3) As used in this subsection-- `(A) to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and `(B) a technological measure `effectively controls access to a work' if the measure, 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." http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304...

Why should they if it's entirely your phone bought with entirely your money?

stephengillie 14y ago

I think it's because you're violating the copyright they have on the software, but I'm not sure.

guard-of-terra 14y ago
So now I can't use the device I bought however I want? I state that any law preventing me from using the device I bought however I want violates human rights and therefore void.
- stephengillie 14y ago
  You're also legally prevented from impaling another human with your smartphone.
  - guard-of-terra 14y ago
    This is where I interact with another human being. However if I'm not interacting with another human being, this argument doesn't apply. On my own I can do what I want with it.
gizmo686 14y ago
Close. The main issue is not that you are violating any copyright, but that in order to jailbreak, you must bypass the DRM system, and under the DMCA it is illegal to do so apart from specific exemptions that are determined every 3 years by the library of congress. From the law (section 1201): "`(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. " "`(C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding on the record for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine-- `(i) the availability for use of copyrighted works; `(ii) the availability for use of works for nonprofit archival, preservation, and educational purposes; `(iii) the impact that the prohibition on the circumvention of technological measures applied to copyrighted works has on criticism, comment, news reporting, teaching, scholarship, or research; `(iv) the effect of circumvention of technological measures on the market for or value of copyrighted works; and `(v) such other factors as the Librarian considers appropriate." "`(3) As used in this subsection-- `(A) to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and `(B) a technological measure `effectively controls access to a work' if the measure, 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." http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304...