‘Unapproved’ apps OK on iPhone, Apple told
p2pnet view Mobiles:- Apple’s claim that US copyright law stops people from installing ‘unapproved’ apps on iPhones has been trashed by the Copyright Office.
“When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses” it says.
The news comes in a statement from the EFF which says it’s won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention provisions, “carving out new legal protections for consumers who modify their cell phones and artists who remix videos — people who, until now, could have been sued for their non-infringing or fair use activities”.
The EFF (Electronic Frontier Foundation) says it also won a groundbreaking new protection for video remix artists “currently thriving on Internet sites like YouTube”.
The new rule says amateur creators don’t violate the DMCA when they use short excerpts from DVDs to create new, noncommercial works for criticism or comment if they believe circumvention is necessary to fulfill that purpose, states the foundation, noting:
“Hollywood has historically taken the view that “ripping” DVDs is always a violation of the DMCA, no matter the purpose.”
“On EFF’s request, the Librarian of Congress renewed a 2006 rule exempting cell phone unlocking so handsets can be used with other telecommunications carriers”, it says, continuing >>>
Cell phone unlockers have been successfully sued under the DMCA, even though there is no copyright infringement involved in the unlocking. Digital locks on cell phones make it harder to resell, reuse, or recycle the handset, prompting EFF to ask for renewal of this rule on behalf of our clients, The Wireless Alliance, ReCellular and Flipswap. However, the 2009 rule has been modified so that it only applies to used mobile phones, not new ones.
The exemptions were granted “as part of a statutorily proscribed rulemaking process, conducted every three years to mitigate the danger the DMCA poses to legitimate, non-infringing uses of copyrighted materials”, says the EFF, going on:
“The DMCA prohibits ‘circumventing’ digital rights management (DRM) and ‘other technical protection measures’ used to control access to copyrighted works. While the DMCA still chills competition, free speech, and fair use, today’s exemptions take unprecedented new strides towards protecting more consumers and artists from its extensive reach.”
More than a million iPhone owners are said to have “jailbroken” their handsets in order to change wireless providers or use applications obtained from sources other than Apple’s own iTunes “App Store,” and many more have expressed a desire to do so, says the EFF, adding:
“But the threat of DMCA liability had previously endangered these customers and alternate applications stores.”
… and identi.ca
EFF – EFF Wins New Legal Protections for Video Artists, Cell Phone Jailbreakers, and Unlockers, July 26, 2010
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