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Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Oct 26, 2012 23:16 UTC (Fri) by ncm (subscriber, #165)
Parent article: Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

This sort of craziness might actually be for the best. Now that they have posted a crazy decision, a court can extend the latitude phones have to anything that can do what your phones does. Because who can defend in public the notion that your phone is your property, but your tablet that cost as much, and can be used as a phone, isn't?


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Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Oct 27, 2012 16:25 UTC (Sat) by zlynx (subscriber, #2285) [Link]

I agree.

I use my tablet as a video phone all the time with Skype and Google Hangout. I could install VOIP software or pay for a Skype phone number and then ... it's a phone. Isn't it?

I suppose lawyers would argue that only devices sold with the intent to be a phone count.

Perhaps that argument could be countered by the government's claim that VOIP software cannot use hard encryption because phone conversations have to be wire tappable. If the VOIP software has to contain a wiretap backdoor because it is a phone, then any device using VOIP must *be* a phone, right Mr. Lawyer?

Heh.

Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Oct 29, 2012 23:19 UTC (Mon) by klbrun (subscriber, #45083) [Link]

The German high court recently ruled that a computer with an internet connection is a radio/TV set, and thus subject to the media tax, which supports state run radio/TV shows. Of course, the youth of Germany don't listen to/watch those shows, and don't want to pay for them. Once someone realizes that a smart phone/tablet is a computer with an internet connection, then what?

The courts, in all societies, need a procedure for deciding when precedent no longer applies.

Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Oct 30, 2012 3:48 UTC (Tue) by Cyberax (✭ supporter ✭, #52523) [Link]

That's actually a good ruling because a computer can be (and often is) used for viewing TV. The fact that youth don't listen the state TV is irrelevant in this case.

However, limiting the tax to only ONE device per one human should be in order.

Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Oct 30, 2012 9:49 UTC (Tue) by anselm (subscriber, #2796) [Link]

Actually, the German statutory TV/radio media fee is supposedly payable only for live feeds, which state TV in Germany does not in fact provide. Hence, internet-enabled PCs basically count as radios, as state radio does offer live feeds. The fee for TV sets is higher than that for radios.

The whole issue is becoming moot since the per-device fee will soon be replaced by a per-household levy that everyone will have to pay regardless of whether they actually own, or use, a TV/radio/internet-enabled computer.

Jailbreaking now legal under DMCA for smartphones, but not tablets (ars technica)

Posted Nov 4, 2012 2:26 UTC (Sun) by giraffedata (subscriber, #1954) [Link]

I use my tablet as a video phone all the time with Skype and Google Hangout. I could install VOIP software or pay for a Skype phone number and then ... it's a phone. Isn't it?

It may very well be a phone in that case, and subject to the "telephone handset" exemption. On the other hand, if you can't get one hand around it, maybe that makes it not a handset.

In any case, I don't think the Librarian of Congress would be upset if your tablet were exempted. The devices that people argued against giving an exemption were ones that you couldn't run Skype on, like an e-reader designed for the specific purpose of giving limited access to e-book content. Those would have been covered in the proposed definitions of tablet.


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