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Morning Legal Briefs

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29. Re: Morning Legal Briefs Jan 21, 2012, 03:53 Crustacean Soup
 
zirik wrote on Jan 21, 2012, 01:49:
Creston wrote on Jan 20, 2012, 23:27:
Well...

1) Jailbreaking was ruled to be legal. So I'm not sure why a video teaching you how to jailbreak would somehow violate anything, much less

2) actually be copyright infringement. Unless Apple somehow trademarked the entire act of jailbreaking.

I'm not sure what provision you want Youtube to be punished with? Under SOPA this would undoubtedly be illegal (as would reading an email with the word apple in it, most likely), but under the DMCA, there is no infringement in such a video. It's an instructional video and falls (justifiably) under the First Amendment.

Creston

well... maybe the videos are deemed legal but the links posted along with them that gives you all the tools and files needed to do the jailbreaking/modding is illegal. and after you jailbreak your device there are also videos showing off the result complete with download links for the games being played. dont tell me those are covered by the safe harbor status.

Why wouldn't the tools be legal? Jailbreaking has a DMCA exemption, the tools are used for jailbreaking, so they're covered by the exemption.

If there are links to places to illegally download games, that would be prohibited under SOPA, but I'm not positive whether the DMCA would cover it (can't recall, too lazy to reread the law at this hour). If it does, it needs a takedown notice for anything to happen.

The idea was that MU was informed about infringing material but did not take it down. If Youtube hasn't been informed of an infringement, there's no problem. That's what the whole DMCA safe harbor thing is about. Youtube is allowed to stay up, even if they might potentially have infringing material, so long as they don't know about it and remove it when they're asked.
 
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    Date Subject Author
  1. Jan 20, 11:28 Re: Morning Legal Briefs Wildone
  2. Jan 20, 11:53  Re: Morning Legal Briefs Techie714
  3. Jan 20, 11:57  Re: Morning Legal Briefs Verno
  4. Jan 20, 12:12  Re: Morning Legal Briefs Beamer
  10. Jan 20, 14:14   Re: Morning Legal Briefs Wowbagger_TIP
  14. Jan 20, 15:48    Re: Morning Legal Briefs jdreyer
  15. Jan 20, 16:01     Re: Morning Legal Briefs PHJF
  18. Jan 20, 18:55   Re: Morning Legal Briefs zirik
  19. Jan 20, 20:02    Re: Morning Legal Briefs Prez
  21. Jan 20, 20:21     Re: Morning Legal Briefs ASeven
  22. Jan 20, 20:42      Re: Morning Legal Briefs Prez
  23. Jan 20, 21:21      Re: Morning Legal Briefs Mashiki Amiketo
  24. Jan 20, 21:38       Re: Morning Legal Briefs ASeven
  25. Jan 20, 21:39       Re: Morning Legal Briefs Kosumo
  26. Jan 20, 23:27    Re: Morning Legal Briefs Creston
  28. Jan 21, 01:49     Re: Morning Legal Briefs zirik
>> 29. Jan 21, 03:53      Re: Morning Legal Briefs Crustacean Soup
  30. Jan 21, 10:26       Re: Morning Legal Briefs zirik
  31. Jan 21, 12:09      Re: Morning Legal Briefs Creston
  5. Jan 20, 13:00 Re: Morning Legal Briefs Bhruic
  7. Jan 20, 13:31  Re: Morning Legal Briefs Verno
  8. Jan 20, 14:01   Re: Morning Legal Briefs Bhruic
  9. Jan 20, 14:05    Re: Morning Legal Briefs Enahs
  6. Jan 20, 13:21 Re: Morning Legal Briefs avianflu
  11. Jan 20, 14:37  Re: Morning Legal Briefs Creston
  34. Jan 22, 07:04   Re: Morning Legal Briefs Ant
  12. Jan 20, 15:23 Re: Morning Legal Briefs AnointedSword
  13. Jan 20, 15:44 Megaupload jdreyer
  20. Jan 20, 20:09  Re: Megaupload Golwar
  27. Jan 21, 00:22  Re: Megaupload Warrax
  16. Jan 20, 17:25 Re: Morning Legal Briefs ASeven
  17. Jan 20, 18:24  Re: Morning Legal Briefs Kosumo
  32. Jan 21, 12:31 Re: Morning Legal Briefs ASeven
  33. Jan 21, 13:46 Re: Morning Legal Briefs dubfanatic


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