I found Dhiraj?s "Jail breaking your iPad is now illegal" post very interesting. I actually have never heard of ?jailbreaking,? until I read his post. I have to admit I am not tech savvy but I do own an iPad which I bought primarily for the convenience, flexibility and portability of my everyday life vs. using a laptop. I guess at this point I am not in need of any other software not already available to me on the iPad, therefore never really thought about the need to ?jailbreak? the device. I also didn?t realize that the law could impact how I want to use the device. However, I do clearly remember wanting to ?jailbreak? my phone numerous times prior to the time the law allowed me to do so. I don?t want to be required to purchase another device to meet a new need not offered by my current device or by my current provider. I want to be able to ?legally? purchase any software available and install it on my iPad (or any other device) just as I can apparently do on my phone.
I agree with Dhiraj?s comment that these laws potentially ?kill off innovation and development talent especially in the developer community.? In addition, I would add that this could hurt consumers and increase the chance of monopoly and/or anti-trust issues. This might be extreme and the time/technology might be completely different with this issue but the anti-trust issues for Microsoft and Nintendo come to mind. It seems as though this law is a ?win? for manufacturers. Under this law any manufacturer of ?tablets? is incentivized to have a ?superior? tablet but more importantly ?superior? software ? as the law does not allow the transfer of the software once purchased to any other tablet. The cost of providing both is likely prohibitive for small/star-up businesses, but the cost of developing or providing one or the other might not be. If a business could manage to achieve both a ?superior? tablet and ?superior? software, both of which would enjoy the protection of copyright laws, it would lead to higher demand and price, which is a bad result to consumers. It seems as though this law could result in higher prices and lower flexibility for consumers.
Another thing I found interesting in Dhiraj?s post was ?The new rules also forbid personal copying of DVDs.? I might be na?ve but I always assumed if I purchased a DVD (copyrighted material) ? I could watch that DVD on any device, even if it meant ?copying? it in a format that could be used on another device. I do this all the time with music ? I didn?t actually realize there is a difference with movies, but I haven?t ever tried to do it I guess? I am just wondering how the ?first-sale-doctrine? would apply in this situation (and others at it relates to the personal use software ? unless specifically noted in the terms of the software agreement) and whether the new regulations under the Digital Millennium Copyright Act could be considered in some way conflicted? It doesn?t seem reasonable to me that I would have to buy one copy of the material that could be viewed on my TV at home via DVD and then another copy that I could view on my iPad to stay within the law. Again I am not tech savvy so might be off in this analysis.
My last comment is that I find it a bit unreasonable that these laws are only reviewed every three years. Technology is changing so fast, there is no way a comprehensive review of the law can only be done every 3 years. These days, a new item may be introduced and then obsolete in 3 years and therefore never be reviewed. The fact that the tablet issue will not be addressed again until 2015 is ridiculous because, just as Dhiraj mentions, tablets may be even more adapted than smartphones are today. It seems more reasonable that these laws be reviewed more frequently.
Other articles on new laws:
http://www.cultofmac.com/198298/new-copyright-office-ruling-allows-you-to-legally-jailbreak-your-iphone-but-not-your-ipad/
http://www.androidpolice.com/2012/10/26/new-dmca-exemptions-allow-rooting-phones-but-not-tablets-unapproved-phone-unlocks-will-be-a-thing-of-the-past/
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