Revised DMCA allows for unlocking of handsets, other exemptions

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Date: Friday, October 26th, 2012, 07:20
Category: iPad, iPhone, iPod, Legal, News, Software

There’s exceptions to every rule and some of them get pretty interesting.

Per the cool cats at Ars Technica, the Digital Millennium Copyright makes it illegal to “circumvent” digital rights management schemes. But when Congress passed the DMCA in 1998, it gave the Librarian of Congress the power to grant exemptions. The latest batch of exemptions, which will be in force for three years, were announced on Thursday.

Between now and late 2015, there will be five categories of circumvention that will be allowed under the Librarian’s rules, one fewer than the current batch of exemptions, which was announced in July 2010. The new exemptions take effect October 28.

The new batch of exemptions illustrate the fundamentally arbitrary nature of the DMCA’s exemption process. For the next three years, you’ll be allowed to jailbreak smartphones but not tablet computers. You’ll be able to unlock phones purchased before January 2013 but not phones purchased after that. It will be legal to rip DVDs to use an excerpt in a documentary, but not to play it on your iPad.

The first exemption applies to “literary works, distributed electronically, that are protected by technological measures which either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies.” The work must have been purchased legitimately through “customary channels,” such that “the rights owner is remunerated.”

A similar version of the exemption was offered in 2010, but that one allowed circumvention only if “all existing e-book editions of the work contain access controls” that inhibit disabled access. Disability groups urged the Librarian to drop this restriction, arguing that “despite the rapid growth of the e-book market, most e-book titles remain inaccessible due to fragmentation within the industry and differing technical standards and accessibility capabilities across platforms.” That meant that the rule effectively required disabled users to own multiple devices—a Kindle, a Nook, and an iPad, for example—in order to gain access to a full range of e-books. The Librarian accepted this argument and allowed circumvention by disabled users even if a work is available in an open format on another platform.

The new rules allow circumvention of “computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset.” In other words, jailbreaking is permitted for “telephone handsets,” as it was under the 2010 rules.

Unfortunately, the Librarian “found significant merit to the opposition’s concerns that this aspect of the proposed class was broad and ill-defined, as a wide range of devices might be considered ‘tablets,’ notwithstanding the significant distinctions among them in terms of the way they operate, their intended purposes, and the nature of the applications they can accommodate. For example, an e-book reading device might be considered a ‘tablet,’ as might a handheld video game device or a laptop computer.”

The Librarian ruled that “the record lacked a sufficient basis to develop an appropriate definition for the ‘tablet’ category of devices, a necessary predicate to extending the exemption beyond smartphones.”

In 2006 and 2010, the Librarian of Congress had permitted users to unlock their phones to take them to a new carrier. Now that’s coming to an end. While the new rules do contain a provision allowing phone unlocking, it comes with a crippling caveat: the phone must have been “originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption.”

In other words, phones you already have, as well as those purchased between now and next January, can be unlocked. But phones purchased after January 2013 can only be unlocked with the carrier’s permission.

Why the change? The Librarian cited two key factors. One is a 2010 ruling that held that when you purchase software, you don’t actually own it. Rather, you merely license it according to the terms of the End User License Agreement. The Librarian argued that this undermined the claim that unlocking your own phone was fair use.

Also, the Librarian found that there are more unlocked phones on the market than there were three years ago, and that most wireless carriers have liberal policies for unlocking their handsets. As a result, the Librarian of Congress decided that it should no longer be legal to unlock your cell phone without the carrier’s permission.

The most complicated exemption focuses on DVDs. Between now and 2015, it will be legal to rip a DVD “in order to make use of short portions of the motion pictures for the purpose of criticism or comment in the following instances: (i) in noncommercial videos; (ii) in documentary films; (iii) in nonfiction multimedia e-books offering film analysis; and (iv) for educational purposes in film studies or other courses requiring close analysis of film and media excerpts, by college and university faculty, college and university students, and kindergarten through twelfth grade educators.” A similar exemption applies for “online distribution services.”

The Librarian also allowed DVDs to be decrypted to facilitate disability access. Specifically, it’s now legal “to access the playhead and/or related time code information embedded in copies of such works and solely for the purpose of conducting research and development for the purpose of creating players capable of rendering visual representations of the audible portions of such works and/or audible representations or descriptions of the visual portions of such works to enable an individual who is blind, visually impaired, deaf, or hard of hearing, and who has lawfully obtained a copy of such a work, to perceive the work.”

But the Librarian did not allow circumvention for space-shifting purposes. While public interest groups had argued that consumers should be allowed to rip a DVD in order to watch it on an iPad that lacks a built-in DVD drive, the Librarian concluded that no court has found that such “space shifting” is a fair use under copyright law.

Stay tuned for additional details as they become available and, well, enjoy unlocking your handsets.

White and silver iPad minis sell out within hours of pre-order availability

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Date: Friday, October 26th, 2012, 07:57
Category: iPad, News, retail

Well, that was fast.

Per AppleInsider, just hours after the iPad mini became available to preorder at Apple’s online store, the white and silver model sold out is now advertised to ship in two weeks.

While the white model in all capacities is now sold out, as of Friday morning the black and slate version is still advertised to deliver on next Friday, Nov. 2. Cellular-capable models do not ship until mid-November.

Announced this week, the iPad mini is available in sizes of 16, 32 and 64 gigabytes. Like the iPhone 5, it’s available in black and slate, as well as white and silver.

Market watchers have big expectations for the iPad mini, with millions expected to be sold this quarter. Though many expected an entry price lower than US$329, Wall Street analysts believe the iPad mini will justify its price to consumers with superior build quality, strong software, and a huge range of third-party applications available on the iOS App Store.

The iPad mini features a 7.9-inch display and a thinner bezel that allows it to be held with one hand. It’s 7.2 millimeters thin and weighs 0.68 pounds, which is 68 percent less than the full-size iPad.

In the meantime, there’s still the black and slate model…

Stay tuned for additional details as they become available.

iPad pre-orders open up via Apple online store, retail app – Wi-Fi versions to deliver by November 2nd

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Date: Friday, October 26th, 2012, 07:19
Category: iPad, News

The iPad mini pre-orders have begun.

Per TechCrunch, Apple has Apple has launched pre-orders via its mobile app and online retail store, and shoppers can choose any version of the iPad mini or 4th generation iPad for the first batch of orders. If you want to have one in your hands next Friday, November 2, however, you’ll need to get the Wi-Fi only versions, as the Wi-Fi + Cellular editions ships at least a couple of weeks later, as Apple explained at its event this week.

For U.S. shoppers, the iPad mini with LTE ships “Mid November.” In Canada and other markets, expected lead times show estimated shipping at late November. The 4th Gen iPad also shows “Mid November” in the U.S. and simply “November” elsewhere. Apple hasn’t offered up any specific reasons why the Wi-Fi + Cellular iPads will take longer to arrive, but CEO Tim Cook did talk about the challenges of the manufacturing process for the iPad mini on Apple’s earnings call yesterday, so that could have something to do with it.

Today’s group of pre-order countries includes the U.S., Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Hong Kong, Ireland, Italy, Japan, Korea, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, Spain, Sweden, Switzerland and the U.K. A few other regions, including Bulgaria, Hungary, Iceland, Liechtentein, Puerto Rico, Romania, Slovakia and Slovenia, will also have the iPad for sale beginning November 2 at select retailers, but customers in those locales won’t be able to pre-order. That’s a much larger initial launch pool than the 3rd gen iPad’s 12 kick-off markets.

Stay tuned for additional details as they become available and if you get your mitts on an iPad mini in the near future, please let us know what you make of it in the comments.

Apple releases X11 Update 2.6.5, looks to fix X11 crashes under Mac OS X 10.7.5

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Date: Friday, October 26th, 2012, 07:00
Category: News, Software

This could be helpful.

On Friday, Apple released X11 Update 2.6.5, the most recent version of its X11 system for Mac OS X. The new version, a 7.5 megabyte download, resolves an issue that may cause X11 applications to unexpectedly quit under Mac OS X 10.7.5.

The X11 Update 2.6.5 requires an Intel-based Mac and Mac OS X 10.7.5 or later to install and run.

If you’ve tried the update and have any feedback to offer, let us know in the comments.