Reasonable and Prudent US Copyright Law? Did I Wake Up in Wonderland?

[nullPointer]

I thought this was pretty interesting, and it certainly has some degree of bearing on the hobby we love (or at least for hobbyists in the US)

Members of Congress finally introduce serious DMCA reform

Bill allows DRM circumvention for cell phone unlocking and other lawful purposes.

The Library of Congress sparked a firestorm late last year when it issued new rules that made it effectively illegal to unlock a cell phone to switch to a new wireless carrier. An online petition on the issue attracted more than 100,000 signatures and prompted a White House statement criticizing the new rule. Members of Congress sprang into action, introducing at least three bills to deal with the issue.

But copyright reform groups panned these bills. Not only did they provide only narrow and temporary relief on the cell phone unlocking issue, the groups said, but they completely ignored the underlying problem: a provision of the Digital Millennium Copyright Act (DMCA) that makes it a crime to "circumvent" copy protection even for lawful purposes.

New legislation sponsored by Zoe Lofgren (D-CA), Thomas Massie (R-KY), Anna Eshoo (D-CA), and Jared Polis (D-CO) takes a broader approach to the issue. In addition to explicitly legalizing cell phone unlocking, the Unlocking Technology Act of 2013 also modifies the DMCA to make clear that unlocking copy-protected content is only illegal if it's done in order to "facilitate the infringement of a copyright." If a circumvention technology is "primarily designed or produced for the purpose of facilitating noninfringing uses," that would not be a violation of copyright.

For example, Lofgren's bill would likely make it legal for consumers to rip DVDs for personal use in much the same way they've long ripped CDs. It would remove legal impediments to making versions of copyrighted works that are accessible to blind users. And it would ensure that car owners have the freedom to service their vehicles without running afoul of copyright law.

"Americans should not be subject to fines and criminal liability for merely unlocking devices and media they legally purchased," said Rep. Lofgren in a press release. "If consumers are not violating copyright or some other law, there's little reason to hold back the benefits of unlocking so people can continue using their devices."
Lofgren's bill attracted enthusiastic support from activists and advocacy groups that had been lukewarm about previous unlocking bills.

"This is the only piece of legislation so far introduced that legalizes both cell phone unlocking, but also the underlying technology for cell phone unlocking," said Derek Khanna, a conservative activist who was fired from his job on Capitol Hill for advocating copyright reform.

"This legislation is exactly what the digital community was asking for," he told us in a phone interview. "It's exactly what the small cell phone providers were looking for. Unlike the other legislation, it actually solves the problem."

Sherwin Siy, an attorney at the advocacy group Public Knowledge, also praised the bill, which he said "addresses a longstanding problem with the Digital Millennium Copyright Act. For too long, the DMCA has been a barrier to consumers, educators, researchers, and others, in ways that don't even protect artists."

"We intuitively understand that if we buy something, we should have the right to modify it, unlock it, or repair it," said Sina Khanifar, the activist who started the White House unlocking petition (and the founder of the activist website FixTheDMCA). "But the DMCA denies us those rights, and it's critical that we push Congress to pass a bill like the one proposed by Rep. Lofgren and her co-sponsors."

Source: Ars Technica

[Tom Speirs]

Hopefully other countries will follow the lead. As far as I know its still technically illegal to rip your own non copy protected CD in the UK.

[DazzleHP]

When they talk about unlocking your phones does it mean breaking the underlying OS or unlocking it so it's not restricted to one particular provider? Either way it's a ridiculous law! Sounds like good news for you guys. And yes Tom i believe you are correct. If i recall it's illegal to make copies of anything copyrighted.

And it's against the law to service your own car?? whaaaaa...

EDIT - oh you said non copyrighted! hmmmm i'll have to look into that because now i'm curious!

EDIT 2 - you said copy protected - dammit lol ok hands up i'm clueless lol

[Tom Speirs]

I said copy protected, meaning encryption ie. even if there is no encryption its still illegal in the UK.

[DazzleHP]

I said copy protected, meaning encryption ie. even if there is no encryption its still illegal in the UK.

Oh now i'm with ya! Thank the silicon heavens for Daemon Tools huh

See folks, with a little patience you too can educate an idiot.

Just donate £2 a month to PlebsNeedYou and we'll make sure that one moron can tie their shoe laces

[hansolo77]

I think it's all completely ridiculous. I have a Kindle Fire. It's great. But if I buy an app for Android (which the Kindle is), I can't install it on the Kindle unless I've jailbroken it so I can install non-Amazon approved apps. Yet if I were to install some 3rd party hack to use my Kindle fully, I'm breaking the law, could go to jail if I'm caught, and can be fined like $250,000 all because I legally bought and paid for an app that I couldn't install. If you're curious, I'm speaking of the Marvel app (which is free). They don't have a Kindle version, and the Android version cannot be installed without first jailbreaking the Kindle. I don't want to jailbreak the Kindle though because if I ever need it serviced, I've voided the warranty and any support I could get.

This is also true with stuff like Xbox 360 modding. It's illegal to modify your console to play backups. But it's legal to make a backup of a game you own. So how are you supposed to be able to play those backups (for protection of your originals) without first "jailbreaking" the xbox? And I'm a big supporter of 3rd party programming. There's things people have designed and programmed for the Xbox which is great, but you can only do it if you've modified the console to allow running unsigned 3rd party code. It shouldn't be illegal to enhance the capabilities of the console.

I don't own a cell phone. But if I buy a cell phone for $300, I'd like to be able to use a carrier that I want, which has decent coverage and support for my area. I don't want to be limited to the type of phone I can get based on what carriers are available for it.. I should be able to get a really nice phone and a really cheap carrier if I wanted. As it is right now, the cheap carriers are limited to the $20 phones at the grocery stores. I want their services but not their phones. If jailbreaking an iPhone will give me access to a pay-as-you-go plan of $12 a month, I'm all for it.

Governments need to just relax and realize there are benefits to circumventions that aren't all negative.