last time the EFF got permission to jailbreak phones to add additional software on them.
this time they are asking to not only put additional software on the current OS, but also to be able to replace the OS. They are also extending this from phones to include Tablets and Game consoles
the SFLC is asking for the same permissions as the EFF, but they are asking for the rights to do this on any device you own, not just the subset the EFF is asking for.
note that nothing that either organization is asking for requires that companies make it easy to replace the OS on the devices, the companies would still be free to lock the devices down with the firmware checking signatures on the OS image and on up.The only thing that would change is that people who break the restrictions the companies put on the devices could not be threatened with jail time, etc for violating the DMCA
Posted Dec 6, 2011 13:31 UTC (Tue) by bats999 (subscriber, #70285)
[Link]
Yes, that's an important distinction. These exemptions are really about protecting community development from criminal prosecution. That would be a non-trivial accomplishment.
SFLC, EFF seek DMCA exemptions
Posted Dec 8, 2011 5:53 UTC (Thu) by rahvin (subscriber, #16953)
[Link]
It should be noted that because of the exception given to jailbreak phones congress passed a law saying that if the phone is "paid for" cellular company must provide the tools or code to fully unlock the phone and allow it's use on other companies networks. (not switch OS or unlock the software, as the jailbreak definition in the cellular exception was for use on other carriers only)
It's not inconceivable that Congress could take future "exceptions" and using the logic for the exception and enshrine them in law forcing companies to (at the request of the owner) unlock a device to other software and operating systems.
History is replete with examples of laws put on the books that were previous regulatory decisions made with powers delegated by congress.