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Court: Breaking DRM Allowable

Ars Technica has word of another blow to another of the more contested aspects of the Digital Millennium Copyright Act, following news that "jailbreaking" a cell phone is allowable. They report the United States Court of Appeals for the Fifth Circuit has ruled (Adobe Acrobat-format) that breaking through digital rights management does not automatically invoke the DMCA's "anti-circumvention" provisions. Getting past such DRM is said to be permissible for accessing the work, as well as "fair use," saying: "Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA's anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners." There are suggestions that this may apply to the recent decision that made RealDVD illegal, and they have attempted to contact MGE to see if they will appeal the RealDVD case.
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12. Re: Court: Breaking DRM Allowable Jul 28, 2010, 23:06 ^Drag0n^
 
This is fantastic. Finally, common sense prevails: Fair use means FAIR USE, and it's about time the courts got it right, be it for an iPhone, a DVD, or DLC.

I can't believe I'm actually applauding a government action.

^D^
 
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11. Re: Court: Breaking DRM Allowable Jul 27, 2010, 21:23 Pigeon
 
Wow, two legal victories for consumer rights in the same day, someone slap me cause I must be dreaming.

It'll be interested to see what new schemes Jobs and the DRM companies come up with to prevent consumers from using their purchased products in a manner other than what they dictate.
 
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10. Re: Court: Breaking DRM Allowable Jul 27, 2010, 19:03 killer_roach
 
I doubt you'd get very far with the "being on the Internet is an inherent security vulnerability" argument. That was mainly stated in regards to older versions of SafeDisc, whose implementation itself necessarily renders your computer less secure and more vulnerable to exploitation.

However, should Ubi's activation servers be terminated, you may have an out under their provision carved out for dongles.
 
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9. Re: Court: Breaking DRM Allowable Jul 27, 2010, 18:59 StingingVelvet
 
Creston wrote on Jul 27, 2010, 17:42:
You're only allowed to circumvent it for reasons of research. Ie, if you're doing research to investigate how badly DRM affects your PC's performance. And then only in case of SecuROM or Safedisc. It's not a carte blanche to just remove all DRM. Read the Registrar's ruling.

More important is that Apple got told that its bullshit "you can't jailbreak our phones" rule is just that: bullshit.

It's about time the fucking DMCA got curbed a little.

Creston

I read the whole thing, it also speaks of vulnerabilities on your PC, which is wide enough to drive a truck through. Just being on the internet is a greater security vulnerability, which means Ubisoft DRM for instance can be circumvented to allow me greater PC security. It doesn't just list testing.

Also the 5th circuit court ruled that cracking DRM is not against the DMCA unless it is done so with the intent of copyright infringement.
 
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8. Re: Court: Breaking DRM Allowable Jul 27, 2010, 17:42 Creston
 
StingingVelvet wrote on Jul 27, 2010, 17:19:
dubfanatic wrote on Jul 27, 2010, 15:37:
Don't get too excited, this only covers a very certain type of DRM. In particular the ruling covers a dongle used for authentication which was already cracked before it was used. This doesn't really change anything for gamers.

It references PC game DRM specifically dude.

You're only allowed to circumvent it for reasons of research. Ie, if you're doing research to investigate how badly DRM affects your PC's performance. And then only in case of SecuROM or Safedisc. It's not a carte blanche to just remove all DRM. Read the Registrar's ruling.

More important is that Apple got told that its bullshit "you can't jailbreak our phones" rule is just that: bullshit.

It's about time the fucking DMCA got curbed a little.

Creston
 
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7. Re: Court: Breaking DRM Allowable Jul 27, 2010, 17:35 Beelzebud
 
Does this mean the modded Xbox that I've used for Xbox Media Center for five years now is finally officially legal?  
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6. Re: Court: Breaking DRM Allowable Jul 27, 2010, 17:19 StingingVelvet
 
dubfanatic wrote on Jul 27, 2010, 15:37:
Don't get too excited, this only covers a very certain type of DRM. In particular the ruling covers a dongle used for authentication which was already cracked before it was used. This doesn't really change anything for gamers.

It references PC game DRM specifically dude.
 
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5. Re: Court: Breaking DRM Allowable Jul 27, 2010, 15:37 dubfanatic
 
Don't get too excited, this only covers a very certain type of DRM. In particular the ruling covers a dongle used for authentication which was already cracked before it was used. This doesn't really change anything for gamers.
 
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4. Re: Court: Breaking DRM Allowable Jul 27, 2010, 15:24 StingingVelvet
 
It's great news, I am happy. I plan to crack all my DRM protected titles over time for backup purposes and while not explicitly covered by this I have a feeling I would be able to claim protection under preventing security vulnerabilities.  
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3. Re: Court: Breaking DRM Allowable Jul 27, 2010, 14:25 Techie714
 
The way they will appeal it is start paying off all the congressmen, bureaucrats, etc. Nothing that a little money & sex cant over come you mark my words! But for now this is a win for the public!  
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2. Re: Court: Breaking DRM Allowable Jul 27, 2010, 14:14 Fang
 
I didn't know laws could file appeals. I always thought it was limited to people and organizations.  
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1. Re: Court: Breaking DRM Allowable Jul 27, 2010, 14:09 dagger
 
appeal by DMCA in 3...2....1...  
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