Reverse engineering vs illegal hacking: Difference between revisions

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'''Section 1201 of the Digital Millennium Copyright Act''' (DMCA), passed in 1998, prohibits the circumvention of ''"technological protection measures"'' (TPMs) used to control access to copyrighted works. It also prohibits the distribution of tools designed primarily for circumvention.

What makes Section 1201 controversial is that it penalizes circumvention '''regardless of whether any copyright infringement occurred'''. In other words, even if you just want to modify or fix a product you legally own, you may still be in violation if the manufacturer ~~wrapped it in~~ DRM.

What makes Section 1201 controversial is that it penalizes circumvention '''regardless of whether any copyright infringement occurred'''. In other words, even if you just want to modify or fix a product you legally own, you may still be in "violation" if the manufacturer practices overreach with DRM.

To soften this, Congress allowed for temporary exemptions reviewed every three years by the Library of Congress. These exemptions currently include ~~certain cases~~ of repair, diagnosis, security research, accessibility, & jailbreaking of phones. However, the process is ~~burdensome~~, narrow, & inconsistently applied.

To soften this universal approach of limiting consumer rights, Congress allowed for temporary exemptions to be reviewed every three years by the Library of Congress. These exemptions currently include limited instances of repair, diagnosis, security research, accessibility, and jailbreaking of phones. However, the process is cumbersome, narrow in scope, and inconsistently applied.

==Legal Reverse Engineering vs. Illegal Hacking==

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 '''Section 1201 of the Digital Millennium Copyright Act''' (DMCA), passed in 1998, prohibits the circumvention of ''"technological protection measures"'' (TPMs) used to control access to copyrighted works. It also prohibits the distribution of tools designed primarily for circumvention.
-What makes Section 1201 controversial is that it penalizes circumvention '''regardless of whether any copyright infringement occurred'''. In other words, even if you just want to modify or fix a product you legally own, you may still be in violation if the manufacturer wrapped it in DRM.
+What makes Section 1201 controversial is that it penalizes circumvention '''regardless of whether any copyright infringement occurred'''. In other words, even if you just want to modify or fix a product you legally own, you may still be in "violation" if the manufacturer practices overreach with DRM.
-To soften this, Congress allowed for temporary exemptions reviewed every three years by the Library of Congress. These exemptions currently include certain cases of repair, diagnosis, security research, accessibility, & jailbreaking of phones. However, the process is burdensome, narrow, & inconsistently applied.
+To soften this universal approach of limiting consumer rights, Congress allowed for temporary exemptions to be reviewed every three years by the Library of Congress. These exemptions currently include limited instances of repair, diagnosis, security research, accessibility, and jailbreaking of phones. However, the process is cumbersome, narrow in scope, and inconsistently applied.
 ==Legal Reverse Engineering vs. Illegal Hacking==