mocoNews.net - Skype And Mozilla Petition For IPhone 'Jailbreaking' Exemption - washingtonpost.com
mocoNews.net - Skype And Mozilla Petition For IPhone 'Jailbreaking' Exemption
James Quintana Pearce
mocoNews.net
Thursday, February 19, 2009; 7:00 PMSkype and Mozilla have joined the Electronic Frontier Foundation in fighting against Apple's statement that jailbreaking the iPhone constitutes copyright infringement by circumnavigating protection measures. Skype and Mozilla filed comments with the US Copyright Office arguing that it should loosen the Digital Millenium Copyright Act's restrictions on jailbreaking iPhones, reports The Register. Naturally, Skype and Mozilla have a vested interest in their products being able to be free loaded onto devices, and a vested interest against a manufacturer (or carrier) preventing people from installing the software. Apple (NSDQ: AAPL) is the main target here, but the decision would have ramifications across the mobile industry (and possibly other industries).
Apple is opposed to the exemption because "it will destroy the technological protection of Apple's key copyrighted computer programs in the iPhone device itself and of copyrighted content owned by Apple that plays on the iPhone, resulting in copyright infringement, potential damage to the device and other potential harmful physical effects, adverse effects on the functioning of the device, and breach of contract".
Is the question one of who has the right to control what goes on a device after it has been purchased? The New York Times has a piece on the topic, saying that isn't really the issue. "Jennifer S. Granick, a lawyer for the E.F.F., said that Apple could force buyers of the phone to agree to any conditions it wants to write into a user agreement. But those agreements would be governed by contract law, which would force Apple to sue users and prove actual damages?Under copyright law, Apple 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."
Apple's Comments PDFSkype's Comments PDFMozilla's Comments PDFEFF's Comments PDF
mocoNews.net - Skype And Mozilla Petition For IPhone 'Jailbreaking' Exemption - washingtonpost.com
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