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silentlooker
Premium
join:2009-11-01

reply to skeechan

Re: Time to arrest the developer of the program.

said by skeechan:

DMCA is irrelevant when it comes to circumventing DRM when the result is legal (such as installing legal software), so sayith the 5th Circuit.

»www.ca5.uscourts.gov/opinions%5C···.wpd.pdf

5th circuit ruling only applies to Louisiana, Mississippi and Texas. There are 47 other states which it do not cover.


skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2
Reviews:
·Cox HSI
·Clear Wireless

4 edits

VZW has presence in each of those states.

In any event, the DMCA reads "No person shall circumvent a technological measure that effectively controls access to a work protected under this title"...

Circumventing DRM must result in a Title 17 violation to violate the DMCA. Adding apps to a phone or changing its behavior doesn't violate any part of Title 17. It's no different than defeating cell phone carrier locks.


treyatl2006

join:2012-01-26
Atlanta, GA

reply to silentlooker
Go look up something called "precedent."



silentlooker
Premium
join:2009-11-01

said by treyatl2006:

Go look up something called "precedent."

another court out of jurisdiction don't have to follow that precedent or no appeal court would ever disagree with each other.

MaynardKrebs
Premium
join:2009-06-17
kudos:4

No worries........

Q: The US incarcerates the largest percentage of its citizens as compared to other countries in the world. What's a few hundred thousand (or million) more DRM-evading phone-rooting criminals added to that?

A: A new world record!!!!

USA!
USA!
USA!
USA!



skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2

reply to treyatl2006
Circuit court precedent is only binding to courts below THAT circuit. While other circuits may cite the opinion they are not bound to it. We saw this with rulings on the Healthcare affordability act. Only a SC ruling is binding to all the courts.


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