Linked by Thom Holwerda on Sun 19th Feb 2006 16:26 UTC
Legal This week, one of the most-commented stories on OSNews was the story about how 'Maxxus' cracked/hacked (take your pick) the Intel version of Apple's OSX once again. This sparked a lively debate over whether we should encourage Maxxus, or condemn his actions. I made myself clear from the get-go: I condemn his actions. Note: This is the Sunday Eve Column of the week.
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It still may be illegal...
by NeoX on Mon 20th Feb 2006 02:46 UTC
NeoX
Member since:
2006-02-19

Just because violating the EULA doesn't necessarily mean that it is illegal. Hacking and or reverse engineering, and copy protection circumventing may be illegal and likely is... If you circumvent copy protection then aren't you violating the DMCA and thus breaking the law? This is according to Apple who has been serving notices to sites that promote or help users in this way.

Just a thought...

NeoX

Reply Score: 1

RE: It still may be illegal...
by archiesteel on Mon 20th Feb 2006 03:09 in reply to "It still may be illegal..."
archiesteel Member since:
2005-07-02

Hacking and or reverse engineering, and copy protection circumventing may be illegal and likely is... If you circumvent copy protection then aren't you violating the DMCA and thus breaking the law?

This is why Apple invoked the DMCA and not copyright law. Of course, such a case could also prove dangerous to the DMCA, because it could be argued that Maxxus did so not in the context to redistribute, but rather for personal use, which is covered under fair use. This could be used to show that the DMCA is misused to limit fair use of copyrighted material, which will help critics of the law.

Reply Parent Score: 1

rhavyn Member since:
2005-07-06

This is why Apple invoked the DMCA and not copyright law. Of course, such a case could also prove dangerous to the DMCA, because it could be argued that Maxxus did so not in the context to redistribute, but rather for personal use, which is covered under fair use.

Even that won't cut it since under the DMCA Section 1201(f) reverse engineering for the purposes of interoperability is permissable.

Reply Parent Score: 3