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December 2, 2011 // 4:45 pm - Previously the EFF (Electronic Frontier Foundation) reported on the Sony / GeoHot PS3 case, and now they are seeking (PDF) to widen exemptions won in the last DMCA rulemaking to allow for the JailBreaking of smartphones, electronic tablets, and video game consoles including the PlayStation 3 system.

To quote: Copyright Office Should Expand Legal Protections for JailBreakers and Video Artists

San Francisco - The Electronic Frontier Foundation (EFF) urged the U.S. Copyright Office today to renew and expand the critical exemptions to the Digital Millennium Copyright Act (DMCA) granted last year in response to EFF's requests to protect the rights of American consumers who modify electronic gadgets and make remix videos.

In the exemption requests filed today, EFF asked the Copyright Office to protect the "jailbreaking" of smartphones, electronic tablets, and video game consoles – liberating them to run operating systems and applications from any source, not just those approved by the manufacturer. EFF also asked for legal protections for artists and critics who use excerpts from DVDs or downloading services to create new, remixed works. These exemptions build on and expand exemptions that EFF won last year for jailbreakers and remix artists.

"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."

EFF's requests are part of the Copyright Office's rulemaking process, convened every three years to consider exemptions to the DMCA's prohibitions on "circumventing" digital rights management (DRM) and "other technical protection measures" used to protect copyrighted works. While this ban was meant to deter copyright infringement, many have misused the law to chill competition, free speech, and fair use. Exemptions are meant to mitigate the harms the law has caused to legitimate, non-infringing uses of copyrighted materials.

"We were thrilled that EFF won important exemptions to the DMCA in the last rulemaking," said EFF Senior Staff Attorney Marcia Hofmann. "But technology has evolved over the last three years, and so it's important to expand these exemptions to cover the real-world uses of smartphones, tablets, video game consoles, DVDs, and video downloads."

In drafting the requests, EFF had the invaluable assistance of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley, and the Organization for Transformative Works.

The Copyright Office will hold hearings on the proposed DMCA exemptions in the spring of 2012, with a final rulemaking order expected in October 2012.

For the full exemption requests:

For more on DMCA rulemaking:

EFF Seeks to Allow PS3 JailBreaking with Video Game Consoles

EFF Seeks to Allow PS3 JailBreaking with Video Game Consoles

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#23 - barrybarryk - January 23, 2011 // 9:23 pm
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yep very true, i'm half expecting sony to announce the psp2 for release around october time. Just in time for parents to be tortured into paying the ridiculous launch prices so santa can be up to spec.

#22 - NCSUfan - January 23, 2011 // 9:17 pm
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Amen and I was not trying to start a arguement. All i can say is from my personal exp working in electronic store for years, its PARENTS not kids that buy 70% of consoles.

Kids get games, mommy and daddy buy the consoles. There are exceptions of course... and being that we are on a ps3 website theres a higher probability of being core gamers and ergo more likely to get their own consoles.

The overwhelming majority will wait it out a year at least, b/c prices since the ps1 and sega saturn have been insultingly unrealistic their first fiscal year... its usually the spoiled brats or blind fans that I see paying a kings ranson the first year.

But you are right on the money when you say if you want it first, your gonna pay more for it. LED tvs used to be $3k just 2 years ago now that its more in line with what the everyday person can afford, many more have HD tvs now. ps1-3 were no exception, ps4 wont be either. If your not just a super hardcore gamer (and lets be honest... many of them just want the feather in their cap of saying they are the first to have X system) the price the first year is just unrealistic.

That IS a lot of money... go ask your parents kiddo.

#21 - KRaZE - January 23, 2011 // 9:11 pm
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Don't be mad. Quit acting like $400 or even $500 is a lot of money, I put damn near half of that into savings every week!

Bending over and taking it from Sony? Go buy your brokeass a xbox off of craigslist plz.

#20 - barrybarryk - January 23, 2011 // 9:07 pm
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are you guys actually argueing about a boycott of a fictional console?

And its not just Sony or even games consoles that are expensive for early adopters, if you want it early you'll have to pay more thats been the standard for electrical goods for years and won't change.

Look at the 3DS, here in the UK it'll hit the market at £230 with a trade price of £173. For the first few months the price will stay high due to demand it'll only start closing the gap between the trade and consumer prices once companies have to work to shift them.

#19 - NCSUfan - January 23, 2011 // 8:59 pm
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yes heaven forbide someone not fight you for the privilege of a wildly overpriced console... that, if the ps3 is any model to follow... won't have more than 5 good games for several years.

I'm not to the point I would boycott the ps4 for sonys efforts... I'd boycott it just as I did the ps2 and ps3 the first price cycle as anyone with a brain sees how overly hyped and overpriced they were.

After a year or so when decent games come and a price drop to a respectable level I may jump then... but you seem to mock someone for not bending over and taking it from sony, I don't get that, I'm of the opinion the VAST majority of gamers are pointing and laughing at the losers waiting in line to get boned by sony on day 1 launch.

If you feel the way you do, cool beans, piss away mommys mom on a system that will be $100-200 cheaper in one year, but do know that just like the 3 consles before it the majority of normal gamers will wait and let you work out all the kinks before making the leap to a new console... as well as a realistic and fair price.

Its those day 1 wackos that blindly take anything labeled as sony that are holding em back in my book, psn won't get to xboxlive with people just backing something bc of the company, buy your shit b/c its smart and a good deal not because you're a fan boy.

#18 - acelove - January 23, 2011 // 8:17 pm
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meh, just push him out the way

#17 - KRaZE - January 23, 2011 // 8:02 pm
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Go ahead, boycott it. Because when opening day comes, I don't want people like you in front of me.

#16 - sandro301 - January 22, 2011 // 11:46 pm
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Geohot will win this wannabe "fight" for poor mans by and vs. Sony !!!

#15 - Quake3000 - January 22, 2011 // 9:22 pm
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This is just plain stupid you have a console you buy and its yours and you can do whatever you want with it... or is this the new sony in the future you buy a console for alot money but in real time you are just borrowing it?

#14 - PSPSwampy - January 22, 2011 // 1:09 am
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Thanks for posting this article - it's extremely well written and it addresses a number of issues that i've been concerned about for a while now.

Every time i read about Sony.... suing someone else, or spending loads of money on a complete waste of time, or removing features that were one of the main selling points, or (etc etc)... I loose more and more respect for the company. I've been a huge supporter of sony products over the years, being an early adopter i've spent thousands on their products (High spec bravia's, ps1, ps2, psp, ps3 etc).

The way they treat their customers (or anyone who tries to help their customers) is nothing short of barbaric. They behave like a dictatorship (in some respects) and think that they can do what they want.

I, personally, will have to seriously consider the move to the dark side (Microsoft) next gen - especially given MS's recent hacker (sorry "Researcher") friendly attitude - i.e. The recent news about Windows Mobile hacks.

I for one will be watching the outcome of this lawsuit like a hawk - hoping and praying that the courts save my rights as a consumer and that they prevent sony from screwing us all over.

But hey - that's just my opinion.

(Hmm XBOXSwampy - not sure, maybe)