James Delahunty
26 Oct 2012 11:22
No exemptions for ripping, modding.
The U.S. Copyright Office periodically consults the public for possible exemptions to copyright laws in the country. For example, jailbreaking smartphones is exempt from the DMCA due to a previous review on how the Digital Millennium Copyright Act (DMCA) affects consumers' legal use of electronics and content.
A frequent request is for an exemption for circumventing copy protection mechanisms in place on DVDs (CSS, for example) in order to make backup copies legally, and to allow the modifying (or jailbreaking if you prefer the term) of games consoles.
Sadly, the U.S. Copyright Office has rejected both requests this time around, and predictably, piracy is the root of its objections.
"[T]he record demonstrated that access controls on gaming consoles protect not only the console firmware, but the video games and applications that run on the console as well. The evidence showed that video games are far more difficult and complex to produce than smartphone applications, requiring teams of developers and potential investments in the millions of dollars. While the access controls at issue might serve to further manufacturers' business interests, they also protect highly valuable expressive works – many of which are created and owned by the manufacturers – in addition to console firmware itself."