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One hotly debated provision of the Digital Millennium Copyright Act makes it illegal to circumvent technical measures that were designed to protect copyrighted works in the digital era. The legislators were probably thinking of digital copy controls for music files or DVDs, but some creative companies saw in the provision a potential tool for market control. For example, a company that made garage-door openers, unhappy with competitors marketing "universal remotes," hauled the latter into court for having "circumvented" the codes that made the garage doors work only with the manufacturer's approved remote. Similarly, a printer maker tried to bring this portion of the Copyright Act down to bludgeon makers of unauthorized ink-cartidge refills that bypassed the bits of code in the printer that recognized or refused to recognize the refill. Nice try, both courts said, and threw the cases out. So it's not too surprising that the copyright office has decided to head Apple off at the pass with what might be viewed as a similar attempt to use the DMCA anti-circumvention provision to threaten or chill purveyors of unauthorized iPhone applications. The ruling has been portrayed as a victory for the Electronic Frontier Foundation (the "EFF"), which proposed the exemption to the copyright office. It's interesting to note the shifting alliances in the digital copyright policy world: the EFF and Apple (through its lobbying arm, the Digital Media Association) were on the same side in 2008, lobbying the copyright office to go easy on digital music distributors when setting minimum rates for content owners. This doesn't mean that either side is inconsistent: in both cases the EFF adopts a position resisting any control of online content, and in both cases Apple adopts a position in favor of Apple's control of online content. (source : http://www.cnn.com/2010/TECH/mobile/07/27/cnet.iphone.jailbreaking/) |News saisie par Tim COHAN le 27/07/2010| | |||
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