Copyright Office: Jailbreaking an iPhone is Fair Use

Do you want to jailbreak that iPhone 4? Go right ahead, says the Library of Congress.
The Copyright Office within the LOC on Monday ruled that jailbreaking a smartphone – particularly Apple's iPhone – is permissible under the Digital Millennium Copyright Act's (DMCA) fair use provisions.

Jail breaking is "innocuous at worst and beneficial at best," Librarian of Congress James H. Billington wrote in his decision.

By law, Billington is required to review the DMCA every three years to see if there are any emerging technologies that might be exempt from the law's ban on circumventing access to copyrighted material. The Copyright Office asked people to submit their recommendations for what technologies it should consider, and of the 19 submissions, Billington on Monday exempted six.

Of those submissions, the Electronic Frontier Foundation (EFF) asked the Copyright Office to review the jailbreaking issue, particularly as it applies to the iPhone. EFF argued that some jailbreaking can be done in the scope of Apple's license, the iPhone owner is the owner of the iPhone firmware, and that jailbreaking is a purely non-commercial private use of the iPhone's computer software.

Apple prohibits iPhone users from jailbreaking its device, which could entail making the phone work on a provider other than AT&T or adding an app that has not been approved for the Apple App Store.

Apple, of course, objected to the EFF's proposal and argued that its policies are "necessary to protect consumers and Apple from harm."

"Apple further contended that modifying Apple's operating system constituted the creation of an infringing derivative work," the Copyright Office said. "Specifically, Apple argued that because purchases of an iPhone are licensees, not owners, of the computer programs contained on the iPhone … the Copyright Act is inapplicable as an exemption to the adaptation right."

Billington was not convinced. He acknowledged that the contract between Apple and its customers does not specifically authorize modification of the iPhone, but said that the contractual language is "unclear" as to whether users are buying or licensing a copy of the computer program contained on the iPhone.

"Apple unquestionably has retained ownership of the intangible works, but the ownership of the particular copies of those works is unclear," he concluded.

Therefore, EFF's "fair use argument is compelling and consistent with the congressional interest in interoperability" because it's clear that people jailbreaking their phones are going to be using them for "private, noncommercial use."

"Apple's objections relate to its interests as a manufacturer and distributor of a device, the iPhone," the Copyright Office concluded. "The harm that Apple fears is harm to its reputation."
"Copyright law has long held that making programs interoperable is fair use," Corynne McSherry, EFF's senior staff attorney, said in a statement. "It's gratifying that the Copyright Office acknowledges this right and agrees that the anticircumvention laws should not interfere with interoperability."

The Copyright Office also granted EFF another exemption for people remixing videos on YouTube. According to the new rule, users do not violate the DMCA if they use excerpts from DVDs for the purpose of criticism or comment.

Other exemptions were granted for wireless networks, video games, computer programs on dongles, and e-books.

WARNING: 99% of All Recycled Cell Phones Contain Owner’s Private Data

In a sampling of two thousand recycled mobile phones, 99 percent were found to have sensitive data like banking information and confidential emails.

The sampling was done by Regenersis. They processed over 2 million handsets in 2008; that’s one handset every 15 seconds. During a random sampling in December they discovered how many mobiles had not been wiped clean: a lot!

The average cell phone is replaced every 18 months. And hot numbers like the iPhone and Google’s Android are making smart phones even more ubiquitous. We’ve all heard about President Obama’s BlackBerry addiction, yes?

This means your cell phone’s new owner has access to all of your user names and passwords, or ever worse…your Twitter account.

“Data clearance of these handsets is critical to ensure the security of those who entrust their unwanted mobiles to us,” said Mark Franklin, managing director of Regenersis.

While wiping personal data is a service some recyclers do offer, it’s likely a two minute process to do it yourself. Some programs even suggest that you remove the SIM card before recycling your phone.

“Our advice to consumers is to check with the recycling firm to confirm that all data will be removed,” he said. “If it doesn’t, then think twice before sending them your handset as your data could end up in the wrong hands.”

But this could all be a moot point. Here in the US, there are approximately 700 million obsolete phones stockpiled at homes instead of being donated or recycled. Yah, we just rock like that.

Grass Phone Biodegrades After Two Years

Je-Hyun Kim’s Natural Year Phone design almost makes cell phones cool in my book. The phone, which is made up of hay, a screen, and keys, is designed only to last as long as its functional life cycle (2 years) before it biodegrades and falls apart.

The hard components can be recycled, while the hay can be dumped anywhere. Unfortunately, the phone doesn’t appear to be too durable. Many people have a habit of dropping their phones often, and I doubt the Natural Year Phone could survive a fall onto concrete.

The Natural Year Phone is not yet commercially available, and the designer hasn’t provided a timeline for its release.

Google Made Big Change to Its Images Search

Google.com changed its Images Search again today. In the past, if you search a keyword for pictures, in the past, you will get an images list, a page displaying 20 images (5 x 4) .Now it turns into a much more different page.

The changes include

1. There are 6 or 7 pictures in one row, and the image will self-adjust its size to fit the page.

2. All pictures displaying in one page, when you search a keyword, for example, accessories, you will go to a page, the images on the first fold of the page are already downloaded and displaying, instead of turning to the next page for more pictures in the past, you can scroll down the page, while you checking the pictures on the first fold, the rest of the pages are downloading.

3. Number of results do not change much, in the past, each page contains 20 pictures, and 50 pages in total, so there were almost 1000 pictures in the result for one single search; now Google Images only displays around 30 pages, each containing, 30 to 40 pages. However, you will find there is some change in your indexed image number.

4. Google Images use JavaScript to display its images, the images file name and source are not displayed unless you put the mouse over the image, then the image will pop up, showing the image name, size and source.

5. The file name now will display on the result, in the past, the file name did not show on the page.

6. When you click on image, you will go to the image source page; there is also a Google frame there like the past, except some change in appearance.

7. When you do the instructor search, for example, “site: www.virtualvillage.com”, the result page is still the old one.

8. This change only happens to google.com, other Google websites don’t have the change.

The significance of the change:

A. The ranking Algorithm could have some change, since the file names display, I think Google images will consider more about this factor;

B. You will need more neat and attractive file name for the image file, for both Google image bot and human readers;

C. The number of images indexed change.

The Chinese search engine Baidu used to have similar images search change before, but now it changes back, maybe because its users boycott the change, or confrontation a technical difficulty, not sure if Google will keep the change in the future, or it is just a testing for its users reaction.

iPad and iPod Touch Get FaceTime Feature

Regardless of all the iPhone 4 recall madness going on, there seems to be one feature that still has some users pleased: FaceTime. According to Boy Genius Report (BGR), it's headed for the iPad and iPod touch. Wait, how?

Obviously, both the iPad and iPod touch lack built-in cameras, and neither has a phone number attached to them. However, there have been plenty of rumors in the last six months about the iPod touch getting a digital camera, and a new iPod touch this fall seems likely to us.

But as for how to actually log on and make phone calls, BGR says all you need is an Apple ID, which will in turn register your device for FaceTime and use your email address for phone calls. The push notification system will prove even more useful now as that will be how users are alerted to incoming calls. Looks like you'll need at least iPhone OS 4.1 beta installed on your device as well.

Universal Camera Lens for Cell Phone

Whatever is said of the "cheap Chinese crap" by BoingBoing about e-tailer Virtualvillage, it's absorbingly fascinating trolling through the endless pages of OEM gadgetry on offer. I know colleagues who are addicted to the site and have put in good cash for the said "cheap Chinese crap". In fact, one of them recently purchased a brandless watch phone which, to my amazement and his self-justified glee, came with a touchscreen, a tiny stylus in its own discreet slot, and a respectable Bluetooth earpiece. A 3-in-1, all for a mere US$157; what we frugal Asians would call "a damn good deal", free shipping, too.

So out of curiosity, yours truly dug into DealExtreme's bag of tech goodies. And surprise, surprise. What came out was a Mobile Phone Telescope. We've heard of camera lens addons, but a telescope attachment with a 7 x 18mm magnification? It's a little silly to counsel caveat emptor since this gizmo is only going to set you back a sushi lunch special, or just US$17.90. All in, a cool deal, if it works. Particularly if you're into bird watching. The feathered kind, of course.