Deeplinks Blog posts about Terms Of (Ab)Use
One of the most crucial issues in the fight for digital freedom is the question of who will control the hardware that you have in your home, in your pocket, or in your own body.
Update (mere hours later): Apple filed a reply to this brief that matches our position that the government has overreached. Here's the relevant part:
Senators Grassley and Leahy, the Chairman and Ranking Member of the Committee on the Judiciary, have published a letter to the Copyright Office asking it to analyze the impact of copyright law on “software-enabled devices” (such as cars, phones, drones, appliances, and many more products with embedded computer systems). This issue is crucial because technology and the law have evolved in a way that no one could have intended when Congress wrote the present copyright laws, and that evolution has restricted customers’ freedoms to repair, understand, and improve on the devices they buy.
How many times have you logged into a computer or website with someone else’s name and password—maybe to retrieve information for a spouse or a friend—completely with their permission? Can you imagine spending a year in prison for that? It sounds ridiculous. That’s why EFF filed a “friend of the court” brief in United States v. Nosal this week urging the Ninth Circuit to overturn a troubling conviction under the Computer Fraud and Abuse Act (CFAA).
We’ve written before about how copyright is chipping away at your right to own devices you’ve bought and paid for—from e-books to toasters and even your car. Time and again, people who want to modify their own property or sell it to others are told that they can’t, because their property comes saddled with copyrighted code they’re not allowed to modify or give away when they are done with the device.
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