Legal Question in Technology Law in California

My question is in regards to DMCA, the recent IPhone ruling and the Playstation 3 modification ceast and desist orders being sent out.

DMCA Iphone: http://www.cnn.com/2010/TECH/mobile/07/27/cnet.iphone.jailbreaking/index.html

Does jailbreaking a Playstation or Xbox breach the DMCA? Would the ruling on the Iphone and other mobile devices also extend to these gaming consoles? Would purchasing a device to jailbreak your console be protected by the recent Iphone ruling?

Germany/Sony article: http://www.heise.de/newsticker/meldung/Sony-mahnt-fuer-Einfuhr-von-PS3-Hacker-Sticks-ab-1108798.html

In english: http://translate.google.com/translate?hl=en&sl=de&tl=en&u=http%3A%2F%2Fwww.heise.de%2Fnewsticker%2Fmeldung%2FSony-mahnt-fuer-Einfuhr-von-PS3-Hacker-Sticks-ab-1108798.html


Asked on 10/22/10, 1:15 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It would take more research into DMCA than I am willing to do for free to give you a definitive answer. My best recollection is that the Register of Copyrights has ruled that users who "jailbreak" iPhones are not violating DMCA, and you can certainly make the argument that the same rationale should apply to other devices. The answer might depend on a drill-down technical analysis of the similarities and differences between iPhones and other devices, comparing their registers, instruction sets, etc.

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Answered on 10/27/10, 1:39 am


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