http://www.androidcentral.com/library-congress-updates-dmca-rooting-given-exemption#comment-51125
The Library of Congress has seen fit to specifically exempt rooting and jailbreaking (for the iPhone) from the DMCA. This means that it is now 100 percent legal to root to your heart's content without fear of legal action taken against you. Check out the exact wording:
"Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset."
This does not mean that HTC, Motorola, and other manufactures can't (or won't) continue to try to keep their devices locked down; it just means they can't sic the lawyers on you if you do choose to root.
So, why not head into the Android Central forums and get your hack on? Check out the full legal wording after the break. [Copyright.gov via Engadget, NPR]
Statement of the Librarian of Congress Relating to Section 1201 Rulemaking
Section 1201(a)(1) of the copyright law requires that every three years I am to determine whether there are any classes of works that will be subject to exemptions from the statute's prohibition against circumvention of technology that effectively controls access to a copyrighted work. I make that determination at the conclusion of a rulemaking proceeding conducted by the Register of Copyrights, who makes a recommendation to me. Based on that proceeding and the Register's recommendation, I am to determine whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make noninfringing uses of those works. The classes of works that I designated in the previous proceeding expire at the end of the current proceeding unless proponents of a class prove their case once again.
This is the fourth time that I have made such a determination. Today I have designated six classes of works. Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention.
As I have noted at the conclusion of past proceedings, it is important to understand the purposes of this rulemaking, as stated in the law, and the role I have in it. This is not a broad evaluation of the successes or failures of the DMCA. The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways. The DMCA does not forbid the act of circumventing copy controls, and therefore this rulemaking proceeding is not about technologies that control copying. Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201.
In this rulemaking, the Register of Copyrights received 19 initial submissions proposing 25 classes of works, many of them duplicative in subject matter, which the Register organized into 11 groups and published in a notice of proposed rulemaking seeking comments on the proposed classes. Fifty-six comments were submitted. Thirty-seven witnesses appeared during the four days of public hearings in Washington and in Palo Alto, California. Transcripts of the hearings, copies of all of the comments, and copies of other information received by the Register have been posted on the Copyright Office's website.
The six classes of works are:
(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos
(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.
(3) Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network.
(4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
(i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
(ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law.
(5) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace; and
(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book's read-aloud function or of screen readers that render the text into a specialized format.
All of these classes of works find their origins in classes that I designated at the conclusion of the previous rulemaking proceeding, but some of the classes have changed due to differences in the facts and arguments presented in the current proceeding. For example, in the previous proceeding I designated a class that enable film and media studies professors to engage in the noninfringing activity of making compilations of film clips for classroom instruction. In the current proceeding, the record supported an expansion of that class to enable the incorporation of short portions of motion pictures into documentary films and noncommercial videos for the purpose of criticism or comment, when the person engaging in circumvention reasonably believes that it is necessary to fulfill that purpose. I agree with the Register that the record demonstrates that it is sometimes necessary to circumvent access controls on DVDs in order to make these kinds of fair uses of short portions of motion pictures.
wait... our government did this? lol wow haha
#1 rocks my world lol I hate the movie industry
For some reason I see it now that someone like NTP will patent rooting a phone and end up suing everyone that roots their phone.
dwertz said:
For some reason I see it now that someone like NTP will patent rooting a phone and end up suing everyone that roots their phone.
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Steve Jobs already has a Patent on that.
dwertz said:
For some reason I see it now that someone like NTP will patent rooting a phone and end up suing everyone that roots their phone.
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Thanks for the idea patent application is in the mail
j/k
My question is does this effect warranty status at all? In other words will rooting my device no longer void the manufacturer's warranty on parts?
nukedukem said:
My question is does this effect warranty status at all? In other words will rooting my device no longer void the manufacturer's warranty on parts?
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Rooting can still void your warrenty
wildgillis said:
Rooting can still void your warrenty
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rooting still does... and with sprint both you and sprint [in the TnC] agree to binding arbitration in case of a dispute. If you can prove rooting your phone didn't adversely affect the unability of your phone or violate fcc rules then they will lose. and if you come with that proof they probably won't waste their high priced lawyer's time
Seems as though it mainly protects the developers, (which is a great thing). The end users will benefit also.
it doesnt protect devs, it is still illegal to distribute rooting/jailbreaking methods, just not illegal to use them.
davebu said:
it doesnt protect devs, it is still illegal to distribute rooting/jailbreaking methods, just not illegal to use them.
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Says who? Do you have links? I ask because I had not heard this before. The ruling here actually quantified the amount of code that was being changed as trivial and not to be considered.
davebu said:
it doesnt protect devs, it is still illegal to distribute rooting/jailbreaking methods, just not illegal to use them.
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Where did you come up with this?!
Related
Dear all,
I am a Network Security Professional and I read numerous mobile technology blogs on a regular basis. I am dismayed at the total carelessness of most mobile technology users.
We all know the spill...most people adopt technology that they are not even remotely familiar with for the same reason people drive cars as long as it starts and has 4 wheels.
Kudos to all of these freelance developers out there providing these we so much enjoy. But who is regulating these folks? Check and balance, right!
You have just downloaded your favorite custom ROM by "El Supremo" (fictional)...who is spotchecking his ROM for possible malware?
Would you know if the custom ROM installed on your phone contains a "keylogger"?
Would you know if someone is using your phone as a listening device?
Would you know if all those confidential notes and messages you typed on your phone are being uploaded to someone's else server?
Do you know the difference between "whitehat" hacker vs a "blackhat" hacker?
I am all for creativity and innovation. However, it remains my primary responsibility to inform my fellow mobile tech aficionados about the existing security risks they face out there.
On your downtime, peruse the mobile security blogs and read for yourself. You will be blown away.
Check and balance.
Beware!
ma2ga said:
Dear all,
I am a Network Security Professional and I read numerous mobile technology blogs on a regular basis. I am dismayed at the total carelessness of most mobile technology users.
We all know the spill...most people adopt technology that they are not even remotely familiar with for the same reason people drive cars as long as it starts and has 4 wheels.
Kudos to all of these freelance developers out there providing these we so much enjoy. But who is regulating these folks? Check and balance, right!
You have just downloaded your favorite custom ROM by "El Supremo" (fictional)...who is spotchecking his ROM for possible malware?
Would you know if the custom ROM installed on your phone contains a "keylogger"?
Would you know if someone is using your phone as a listening device?
Would you know if all those confidential notes and messages you typed on your phone are being uploaded to someone's else server?
Do you know the difference between "whitehat" hacker vs a "blackhat" hacker?
I am all for creativity and innovation. However, it remains my primary responsibility to inform my fellow mobile tech aficionados about the existing security risks they face out there.
On your downtime, peruse the mobile security blogs and read for yourself. You will be blown away.
Check and balance.
Beware!
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Click to collapse
Perhaps i am naive, although i do beleive that such people exist, i do not beleive them to be the people who cook the roms that i use. There are some great people on XDA i would never expect that from them.
There is also a large community of people on here who are knowledgeable, and i would think if your concern were valid it would have been spotted and handled by our wonderful moderators.
I agree with the previous poster. There are trusted developers and trusted ones as well. I believe the people here at XDA are of the trusted type. They have the know-how to catch that sort of thing. I would be more worried about ROMS that the carriers come out with (stiffling useful features, remote deleting of applications, location logging, etc).
KharmaKills said:
I agree with the previous poster. There are trusted developers and trusted ones as well. I believe the people here at XDA are of the trusted type. They have the know-how to catch that sort of thing. I would be more worried about ROMS that the carriers come out with (stiffling useful features, remote deleting of applications, location logging, etc).
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Yeah agree .. Right now the biggest invasion of privacy in the mobile phone world is , Android's and Iphone's, remote delete function ...
Not sure I want to give that power away to the OS provider .....
It has been brought to my attention that many android application developers have no idea how to properly class their applications by name. Here we will review a few common terms specific to this context.
Here is a list of terms in no specific order which we will review in this document.
Free
Lite / Basic
Standard
Advanced
Proffesional
Premium
Trial
Demonstration
Firstly let me start by saying that the word 'free' should never be in an application title. There are exceptions to this rule. For example a video game might have the word free in its title, such as 'free world defenders.' It should be clear to the developer that the word 'free' should not be used in an application title in reference to the cost of ownership. In practice this is at best unprofessional and untidy.
It may seem to the beginning developer that this would add clarity and destinction to a specific release of an application but this is an unnecessary clarification as most applications are already classified by price categories. At best all the developer has achieved is lengthening the title of the application and flagged it as possibly unworthy of usage. Most people don't expect to get much of anything for free. Keep this in mind when you develop your freeware applications.
I have also found that many developers have taken the word 'professional' entirely out of context. Instead of providing an example just yet, let us explore what the word professional actually means.
pro·fes·sion·al adj.
1.
a. Of, relating to, engaged in, or
suitable for a profession: lawyers,
doctors, and other professional
people.
b. Conforming to the standards of a
profession: professional behavior.
2. Engaging in a given activity as a
source of livelihood or as a career: a
professional writer.
Let's apply this definition in the context of software applications. Joe is a blogger. He blogs all day about his life. In fact there is almost nothing that Joe would not blog about. Joe decides that he could get more blogging done if he could quickly post his thoughts from his mobile. Joe goes to the market and he finds three things: Blogger Free, Captain's Blog, and Blogger Professional.
Joe thinks for a second... He decides right off the bat that he is no ordinary blogger and that he does not want deal with advertisements, so he overlooks Blogger Free without hesitation. Joe thinks that Captain's Blog sounds interesting. He decides to look it over because Blogger Professional sounds like it may have more features than he is really interested in. Joe is happy with Captain's Blog, and it is the first thing he blogs about saying: "I'mma live happily ever after!"
The term 'professional' implies that your application will employ features useful to the individual who requires industry standard adherence to specific guidelines laws, regulations, or operating procedures. Users in this market will have certain expectations. It is important that whenever you use the tagline 'Professional' that you have done your research and tested your product in the field with real professionals.
Usually products that employ groundbreaking features or features that can't be found anywhere else attempt to call themselves professional, but as stated before this term is at best reserved for industry professionals who require specific functionality. The proper tag for this kind of application is 'advanced.' Because it provides advanced functionality.
Some applications are so prolific that they require two tags such as 'professional advanced' or 'professional basic.' Yes, there is a 'professional standard' (no pun intended) as well as many other combinations. use whatever makes sense. I call these titles of prestige.
The term 'standard' implies, that an application meets or sets "the bar" by which applications that perform similar functions must reach to begin to consider themselves competition. It also implies that there is more to come or more to be had from this application and it's descendants or even its competition.
The term 'basic' or 'lite' is essentially the same as the term 'standard' but basic/lite implies the bare minimum required to achieve an acceptable effect. Usually this is an application with reduced functionality in order to meet a restriction on cost, time space, or otherwise.
The term 'premium' implies that your software is giving the best functionality there is, or the best functionality that it has to offer. this term should not be used lightly by any developer who wants to be taken seriously in the world of software engineering.
Trialware implies that an application has either full or limited features on the basis of time or functionality. Trialware is not freeware and should never display advertisements for anything other than itself. It is a platform for you to exhibit your product and the main idea is to sell YOUR full product. This is when you call your product a 'Trial.'
The difference between a trial and a demonstration may seem vague but it is not so. It should suffice to say that a 'trial' can be upgraded or unlocked, and a 'demonstration' can be replaced or succeeded with the final product. A demonstration may also have advertisements for other programs or services offered by the developer or its affiliates.
If you like this paper let me know! This is my first draft. Feel free to comment constructively and chat amongst yourselves with proper regard to the topic.
- Posted via mobile
Here is something else that I had not thought of while drafting this document. The term 'full' is like the term 'free' it is completely redundant or otherwise pointless to state that an application incorporates all of its functionality.
I am not yet sure where I stand on the term 'donator' but I am sure I would like to know what the application is donating to. If it is feeding starving children I would like to pat it on the back and send my donation in as well.
The terms 'plus' and 'extended' were not covered either. These terms are highly acceptable and they imply that the application has extra functionality which is not available in other versions.
These terms work very well with titles of prestige or as new ones. For example: 'proffesional standard plus,' 'standard plus' or 'extended basic.' These can be shortened into abbreviations to create some interesting artifacts such as 'PSP,' 'SP,' or 'EB.'
If you are running a charity, consider using the terms '+,' 'plus,' 'extended,' or the abbreviated forms instead of 'donator.'
- Posted via mobile
Uh, what's the point? We're programmers not English Majors LOL
I'm thinking of calling my next app "Professional Lite Standard Trial Free FartMaker+ Version 0.0019a Beta"
No sarcasm...honest
Rootstonian said:
Uh, what's the point? We're programmers not English Majors LOL
I'm thinking of calling my next app "Professional Lite Standard Trial Free FartMaker+ Version 0.0019a Beta"
No sarcasm...honest
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You should do this, the reviews alone would be great
Rootstonian said:
Uh, what's the point? We're programmers not English Majors
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I failed 7th grade twice and dropped out of high school in the 9th grade. So what's YOUR point?
It's okay I understand you are neither professional nor do you aim to be. I taught myself everything I need to know in the field.
I have over 10 years programming experience and I can program in more than 7 different languages including assembler. My point is if you don't try to do anything better you never will. Good luck with fart maker.
- Posted via mobile
Scientia est potentia.
Knowledge is power. Is it for me to decide what you do with it?
- Posted via mobile
I understood your point was making jokes before you ever made your first post to this thread.
There are exceptions to this rule. For example a video game might have the word free in its title, such as 'free world defenders.'
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Fart Maker PLSTF
Interesting artifact.
datajosh said:
You should do this, the reviews alone would be great
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I agree.
If you like this paper let me know! This is my first draft. Feel free to comment constructively and chat amongst yourselves with proper regard to the topic.
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I don't believe the topic of this thread suggests that the readers are searching for jokes.
Since we are on the topic of making jokes...
Rootstonian said:
"Professional Lite Standard Trial Free FartMaker+ Version 0.0019a Beta"
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Free trial demo (FTD) Would make a better artifact than 'trial free' for this application.
LOL. Try less jokes and more focus.
SERIOUSLY, I'm not kidding
- Posted via mobile
EFF made a compelling case for jailbreaking smartphones, electronic tablets and gaming consoles.
Here is a part from the article:
"The DMCA is supposed to block copyright infringement. But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property," said EFF Intellectual Property Director Corynne McSherry. "Hobbyists and tinkerers who want to modify their phones or video game consoles to run software programs of their choice deserve protection under the law. So do artists and critics who use short excerpts of video content to create new works of commentary and criticism. Copyright law shouldn't be stifling such uses – it should be encouraging them."
https://www.eff.org/sites/default/files/filenode/2012_dmca_exemption_requests_no_appendix.pdf
bump, just feel like this needs to be shared with everyone.
I'm having my game getting released soon, I've read that once an app/game is published its automatically copyrighted. I've also read that you can also register your copyright.Not sure what to do.
Any help is greatly appreciated.
Any developers want to chime in?
Sent from my SPH-L710 using xda app-developers app
Don't worry about it
You get automatic copyright protection in the United States even if you do absolutely nothing to protect your content. If you want to be slightly more upfront about copyrights, just add explicit copyright notices on stuff you want to protect (splash screens, art, source code, large pieces of text, etc.). Something like what you see on the footer of this website: "Copyright© xda-developers. Powered by Searchlight © 2013 Axivo Inc. ". This lets everyone know that this is copyrighted and most countries will recognize it. Should you put down copyright notices? Why not, it's really easy and costs you nothing.
Copyrighting gives you some protection against IP theft should it take place (e.g.: someone stealing your art or your source code).
You can register a copyright, but it doesn't give you that much additional benefit except if there is ever a court case about copyright infridgement, in which case you can demand extra money from the other party to cover legal costs. My opinion: not worth it unless your IP starts to become valuable enough that you actually expect people to try to steal it.
In addition you can also register a trademark. This is mainly against someone stealing your company/product/game name. Registration means that you will be listed as the rightful owner of the trademark in some government file somewhere, so if there is a dispute you can claim priority because of your previous registration. Registration takes some effort and money, and in general I wouldn't recommend it until your game/company is successful and its IP value starts to exceed the cost of registration. You don't lose anything by registering trademarks after releasing the game as opposed to before - it will be equally valid. The only problem can occur in the unlikely event somebody creates another competing product with the same name AND manages to claim a trademark it before you can file a counterclaim. This is a remote possibility and I wouldn't bother until you have a proven, successful product on your hands.
Title: Job/Career for a passionate hardware hacker
Company:
We are a data recovery and computer forensic investigative firm specializing in the recovery of data from malfunctioning hard drives, flash memory devices, Cell phones, RAID arrays and other digital storage solutions. In addition Data Analyzers provides digital forensic analysis and investigative services to aid in litigation and private matters.
We are currently looking for a skilled and ambitious individual to join our team. If you are a passionate hardware hacker or inspire to be one, if you don’t care for corporate politics and don’t care for having your creativity restrained, but are driven to solve problems and advance your skill, then this opportunity might be right for you.
The talented individual will become a vital part of our data recovery team and will focus on the recovery of critical lost data, due to hard drive crashes, server failure and or accidental file deletion. The individual will spend a significant amount of time on logical reconstruction of file systems and performing hard drive surgery in a clean room environment as well as cell phone data recovery. Additionally this individual will be part of R&D. Any experience in C/C++ , ARM, ASM, JTAG, Logic Analyzers, Oscilloscopes will be beneficial. This will be a career with many rewarding benefits and technical challenges. The desired individual for this position needs to be a highly motivated problem solver with a great passion for technology.
Benefits:
• Health Insurance
• Dental Insurance
• 401K
• Growth potential
How to Apply:
In the first instance, please send a cover letter that describes in detail what your abilities are, and where you are particularly skilled, as well as your resume and salary requirements. Please send your application to [email protected].
P.S. This is not a staffing agency, but a direct hire for a position in Florida. Salary is dependent on qualification and experience.