Just the other day, I mentioned with some glee the unlocking of the iPhone. My laughter is based upon the profound failure of Apple and AT&T to understand the nature of things built out of ones and zeros.
Every electronic device that does anything, is controlled by software consisting of ones and zeros. Figure out how it barks like a dog, move the ones and zeros around, make it quack like a duck.
I also mentioned that the lawyers would be huffing and puffing to DMCA these folks out of business. I was right, as this Infoworld article points out, but there is a metaphorical pot of gold at the end of the rainbow.
According to the fine folks at Chilling Effects.org;
Question: What are the DMCA’s anti-circumvention provisions?Answer: The Digital Millennium Copyright Act (DMCA) is the latest amendment to copyright law, which introduced a new category of copyright violations that prohibit the “circumvention” of technical locks and controls on the use of digital content and products. These anti-circumvention provisions put the force of law behind any technological systems used by copyright owners to control access to and copying of their digital works.
The DMCA contains four main provisions:
- a prohibition on circumventing access controls [1201(a)(1)(A)];
- an access control circumvention device ban (sometimes called the “trafficking” ban) [1201(a)(2)];
- a copyright protection circumvention device ban [1201(b)]; and,
- a prohibition on the removal of copyright management information (CMI) [1202(b)].
The first provision prohibits the act of circumventing technological protection systems, the second and third ban technological devices that facilitate the circumvention of access control or copy controls, and the fourth prohibits individuals from removing information about access and use devices and rules. The first three provisions are also distinguishable in that the first two provisions focus on technological protection systems that provide access control to the copyright owner, while the third provision prohibits circumvention of technological protections against unauthorized duplication and other potentially copyright infringing activities.
Well it looks pretty grim for the folks who are looking to sell the solution, but I did mention a a metaphorical pot of gold. It comes in the form of one of the 6 Rulemaking Exemptions to Section 1201 of the DMCA:
5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.
These exemptions went into effect upon publication in the Federal Register on November 27, 2006, and will remain in effect through October 27, 2009.
Before my laughter was a giggle with a dash of a Homer Simpson DOH! head smack. However, with Exemption number 5., I am ROFLMFAO, with trembling hands trying to finish this posting…..
What is so damned funny here, is in part the AT&T lunacy of 300 page itemized phone bills, demonstrating that they can track your usage either phone or data, in excruciating detail, thinking that they will be able to meter service, serve your ass to the feds on a platter, and lock you in for life, or Apple’s arrogance in thinking that nobody will hack an Apple product, thinking the coolness alone, will have the ‘hooked on ringtones’ crowd, overlook their rights.
Or could it be that Steve Jobs is a closet open sourcer, who knew this would happen and wanted to bitchslap the phone companies, and make Apple the darling of the linux set?
In any case I must pee, I am laughing so hard.