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  1. #1
    BobbyBangin's Avatar
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    Congress Introduces Bill Intended to Nullify TOS Obligations



    Good news for hackers, Congress has introduced a bill, that if enacted, would let you actually own and modify your legally purchased property, even if it contains software.


    We're all too familiar with companies such as Sony's stance, regarding your ownership of property such as your PS3. Their TOS states that you are only purchasing a limited license, to operate software with. Furthermore, they claim that you don't actually own your PS3 and that own the rights to determine what modifications you can make to your legally purchased machine. Because of such terms and claims, companies like Amazon are able to deny people the right to sell their modified property their own property due to circumvented copyright codes.

    A member of Congress, Representative Farenthold, announced the introduction of a new bill, the You Own Devices Act (YODA). The bill is intended to make sure that "intellectual property rights" are not undermining consumer "settled rights", such as determining what customers can do with their purchased property. Theoretically, the bill would allow for the transfer of ownership of the device, along with the program that enables the operation of the device, regardless of modifications, thereby nullifying corporate friendly agreements, such the one-sided and abusive End-User License Agreements. This gives the consumer the right to modify, sell and otherwise operate their systems without the need to accept restrictive TOS or be bound to it. This also ensures that if you sell the device, the purchaser is entitled to the same bug fixes and security updates that come with the machine when purchased brand new, regardless of previous modifications.


    It's nice to see somebody fighting back for consumer's rights. For instance, if somebody legally purchases their system, internet and games, there is no reason they shouldn't be able to play online with custom firmware, so long as they're not using said firmware to gain an unfair advantage via cheating, as per the online rules and stipulations. Also, if somebody mods their gaming system, there should be no reason that somebody can't legally purchase it on sites such as ebay or Amazon.


    Preparations will be necessary to ensure legal fixes that protect digital first sale and the right to access and modify software in devices and software that you legally purchase. The protection of First sale is idea that you can legally re-sell or lend a copyrighted property that you obtained lawfully without needing the permission of the copyright owner or the need to agree to a silly TOS, just to operate said property.

    A federal court in New York has already has made a decision against First sale rights, as they apply to digital music. This bill would be a legislative fix in the right direction towards helping prevent other courts from following the same ruling, thereby further ensuring consumer rights.


    This bill is also aimed at tackling the DMCA friendly Section 1201 of the Digital Millennium Copyright Act, which prohibits you modifying your property and otherwise breaking the digital security locks on copyrighted works, such as firmware and software, even if you legally purchased the software or device that requires the software to function. This includes modification for such purposes as enabling fair use. The existing law handcuffs progress in terms of security research and it prevents independent developers from tinkering with software and improving upon it.


    There is obviously a long way to go in this fight and the corporations are likely not going to take this lying down. This new bill will be as much rebuttal by the corporations, as there was support by the corporations for bills such as SOPA and PIPA. This is going to require lots of political, as well as end-user support to restore rights to owners who legally purchases their property.

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    Last edited by BobbyBangin; 4 Weeks Ago at 11:07 PM.

  2. The Following 3 Users Like This Post:


  3. #2
    concretecork's Avatar
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    Wow really one like? This is great news BB! Thank you for bringing this to my attention. More people should give a sh*t about their rights. When sopa and pipa were threatening our Internet rights it was awesome to see us all pull together. We should all be doing the same with this. This would be a HUGE step in the right direction!

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  5. #3
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    lol yoda .

  6. #4
    Member FreakAlchemist's Avatar
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    May the force be with you master
    Y.O.D.A

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