Tag Archives: DigitalMillenniumCopyrightAct

You can now legally hack your own car or smart TV

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Researchers can now probe connected devices, computers and cars for security vulnerabilities without risking a lawsuit. Last Friday, the FTC authorized changes to the Digital Millennium Copyright Act (DMCA) that will allow Americans to do hack their...

EFF sues US government to void ‘onerous’ copyright rules

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The Electronic Frontier Foundation (EFF) has sued the US government in an attempt to overturn a part of the DMCA that it says violates the First Amendment. The provisions, contained in Section 1201, restrict user access to purchased content including...

DMCA update shuts down new phone unlocking next year, allows rooting (but not for tablets)

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CyanogenMod adds 'pull' OTA updates to latest CM10 nightly builds

And so it passed that Congress didst layeth its blessing on the jailbreaking and rooting of all manner of devices; the hacking community saw the miracle and rejoiced. But that amendment to the DMCA two years ago was just a temporary exemption and the Electronic Frontier Foundation has been vigorously lobbying to get it reinstated. The Library of Congress has now done just that through a new three year extension, but with some serious caveats: After 90 days, unlocking of new phones will be verboten and all tablet mods will still be illegal. This differs from the 2010 decision which did allow unlocking, because the Librarian decided that a recent copyright ruling means fair use rules no longer apply to a handset's OS. It also said the exception isn't needed anymore because carrier rules regarding unlocking are now more liberal -- although the lawmaker may be confounding chicken with egg by that reasoning.

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DMCA update shuts down new phone unlocking next year, allows rooting (but not for tablets) originally appeared on Engadget on Fri, 26 Oct 2012 08:01:00 EDT. Please see our terms for use of feeds.

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Viacom wins appeal against YouTube, gets another chance to prove copyright infringement

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Viacom wins appeal against YouTube, gets another chance to prove copyright infringement
It's been almost two years since YouTube's triumph in its copyright infringement case against Viacom. As is the way of things, Viacom appealed the decision, and now the Second Circuit Court of Appeals has decided to breathe new life into Viacom's case. Apparently, the appeals judge didn't see eye to eye with the District Court's ruling that no reasonable jury could have found that YouTube had actual knowledge or awareness of infringement on its site.

You see, the Digital Millennium Copyright Act (DMCA) requires such awareness for service providers like YouTube to be guilty of copyright infringement, and that safe harbor provision was the grounds for YouTube's victory on summary judgment. Furthermore, to succeed on summary judgment, YouTube had to prove that no reasonable jury could find that it knew of any infringing activity. While the lower court felt that YouTube carried that burden, the appeals judge disagreed, and has remanded the case back down for the District Court to determine if YouTube knew about or willfully ignored the infringement. What does this mean? All we can say for sure is that it'll expend more judicial resources and make more money for the attorneys involved. The result could very well end up, once again, in YouTube's favor, but we'll have to wait and see.

Viacom wins appeal against YouTube, gets another chance to prove copyright infringement originally appeared on Engadget on Thu, 05 Apr 2012 13:23:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceWall Street Journal  | Email this | Comments