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Library of Congress updates DCMA, jailbreaking/rooting is officially 'legal'
- Thread starter wuyanks
- Start date
It didn't take a clarification by anyone for me to know this anyways. If it ever came down to something happening to my phone(s) from rooting I would have sued THEM (VZW or Motorola or both) for pushing an update or something that bricked my rooted phone. You are allowed to alter, destroy, make a sandwich out of anything you buy. That would be like Chevy suing you for putting a sunroof in your Impala that didn't come with one. I didn't root to feel "cool" or be a "rebel" or anything, I rooted so I could customize my phone to look and feel how I wanted it to. This is absolutely no different than people customizing vehicles, homes or clothing. Were there actually seriously people out there that thought they were breaking the law by rooting their phone? LoL
Larry Mahnken
Member
I knew that some people would immediately misinterpret this.
All that it says is that you have the right to hack the phone that you own.
It does not say that rooting cannot void your warranty. It can. It always will. You have the right to take a baseball bat to your big-screen TV, too. But it still voids your warranty.
It does not say that manufacturers cannot make it difficult (if not impossible) to root your phone, or install a custom ROM. It will NEVER be interepreted that way.
What it says is that if you're willing to void your warranty and risk bricking the device, you can do whatever you want with it, so long as you're not doing something otherwise illegal. It's your property. Play away. The manufacturer cannot sue you for doing it.
All that it says is that you have the right to hack the phone that you own.
It does not say that rooting cannot void your warranty. It can. It always will. You have the right to take a baseball bat to your big-screen TV, too. But it still voids your warranty.
It does not say that manufacturers cannot make it difficult (if not impossible) to root your phone, or install a custom ROM. It will NEVER be interepreted that way.
What it says is that if you're willing to void your warranty and risk bricking the device, you can do whatever you want with it, so long as you're not doing something otherwise illegal. It's your property. Play away. The manufacturer cannot sue you for doing it.
Larry Mahnken
Member
Yes. The people who manufactured the device.
Corporations like control. It helps to increase profits.
HarshReality
Member
All I can say is NOW its on..
Yes I agree. Rooting still violates your warranty and/or contract. And though rooting is legal, depending on the details of your contract, violating that contract could be considered illegal.
I doubt any company would waste the money on such a case but the law is all about technicalities and contract violations can technically be illegal. Especially if there is a clause in the contract that specifically states that violation is punishable by law.
You can confess to murder and go to jail even if you didn't do it and sighing a contract with such a clause would essentially be what you'd be doing if you violate that contact.
All extreme situations sure but, true none the less. Contracts supersede law in most cases. That's why they make them. To keep things from becoming a legal debate.
Just felt opinionated today. Sorry for ranting.
Sent from my Droid using Tapatalk
I doubt any company would waste the money on such a case but the law is all about technicalities and contract violations can technically be illegal. Especially if there is a clause in the contract that specifically states that violation is punishable by law.
You can confess to murder and go to jail even if you didn't do it and sighing a contract with such a clause would essentially be what you'd be doing if you violate that contact.
All extreme situations sure but, true none the less. Contracts supersede law in most cases. That's why they make them. To keep things from becoming a legal debate.
Just felt opinionated today. Sorry for ranting.
Sent from my Droid using Tapatalk
An different interpretation of this would be like the TOS agreement that you get with most of the ISP's that supply our home internet access. Built into the different TOS agreements, is a clause that says you are not allowed to run servers on their networks.( IE mail servers, ftp servers, torrent servers). These are services that cost additional money, a different TOS agreement and a completely different network set up usually.
On most networks, they want you to use their supplied router, but you can walk into any bestbuy today and usually buy a replacement modem to one you are currently using, or try a different a one to give you more ethernet ports, or more software enhancements, or flash your own firewall onto it to administer yourself. But if you start messing with their network services,(running an ftp server on a cable network or tethering excessively) and deny some other users the ability to use their paid services also the way they're entitled to use them, the ISP's take immediate action. Throttle your bandwidth and threaten you with termination for violating the agreement.
We all use the root access to set up the phones the way we like, the way they look and the way they run. Alot of us also use software that isn't condoned by verizon such as tethering as much as some of us do and other network services that arent present on the phone or the CONTRACT when we buy the phone, and that threatens their stable network. ( IE: AT&T with their sorry ass excuse of not enough bandwidth for all to go around)
So i dont think it gives us the right to go after them on a locked down device even though we outright own our devices as much is it removes their right to go after us for tinkering with the hardware we purchased. We sign contracts when we purchase, and thats what they expect from the user. Not to abuse their service. It all comes down to the service, not the device we bought.