Apple is doing everything it can to sway the Copyright Office, which is in charge of periodically handing out DMCA exemptions, to keep iPhone jailbreaking illegal. We always thought Apple was against any exemption because of their exclusivity deal with AT&T. But no, it turns out they’ve been trying to protect us all from a Die Hard attack on the nation’s communications infrastructure.
Update: It turns out the special chips used in the headphone controls of the third generation Shuffle don’t contain any DRM after all, so any attempts at reverse-engineering won’t bring on the wrath of the DMCA.
[it] would have the right to claim statutory damages of up to $2,500 “per act of circumvention.” People who jailbreak phones, might even be subject to criminal penalties of as long as five years, if they circumvented copyright for a financial gain.
When we read stories like Tanya Andersen’s and consider the countless others who have been wrongfully targeted by trade groups like the RIAA, it becomes evident that the system by which DMCA takedown notices are issued is very far from perfect. For the uninitiated, DMCA (Digital Millennium Copyright Act) takedown notices are official statements which assert that an artist’s or company’s intellectual rights have been violated (i.e. copyright infringement) and often threaten legal action against an individual. In a study conducted by the University of Washington, researchers proved that this system is seriously flawed, according to the New York Times. In one experiment, the team received takedown notices from the MPAA which accused 3 laserjet printers of downloading the latest Indiana Jones movie and Iron Man. More, inside…
ACTA—the misleadingly named “Anti-Counterfeiting Trade Agreement”—is the worldwide copyright treaty that’s being negotiated behind closed doors, and that will create a sort of global DMCA if continues in its current state. Now Wikileaks has posted a draft of the treaty, and Boing Boing’s Cory Doctorow gives his take:
The MPAA’s “University Toolkit,” a controversial suite of programs designed to help colleges monitor their networks for copyright infringement has been taken down for copyright infringement. Life is mysterious and magical, isn’t it? [BoingBoing]
UPDATE: Walmart Wins Because We Fumbled
Hey, we’re all for Circuit City flouting the DMCA. It’s a bogus law, as anti-consumer as they come. So we were a bit disappointed when Bill Cimino, director of corporate communications, clarified that the sign wasn’t the opening jab in a legal title fight between Circuit City and the RIAA/MPAA, but was instead a disconnect between the wishes of corporate and that particular Circuit City’s store manager.
Despite the sign we posted on Friday, Circuit City says they are not offering a copyright-breaking DVD to iPod service.
Well, well, well! Look who’s violating the Digital Millennium Copyright Act! For only a couple of fins, Circuit City will take your DVD and an iPod and flagrantly breach copyright at your behest.