YODA: Embedded Software Copyright Exemption - Page 1
Forum section: electronics / general

author: technix
author_rank: Super Contributor
timestamp: May 27, 2015, 07:13:06 am
content: Finally someone on the US congress noticed that the word "copyright" is popping up in odd places - usually regarding embedded software that make modern trinkets tick.You Own Devices Act, or YODA, essentially extends hackability and sellability of a piece of hardware to the embedded software it is running. Should this Act become law, we will no longer be bugged with weird copyright-based legal action when hacking our hardware: we own the device and we can do whatever we like to devices we own, hack it or sell it, and copyright owners of the embedded software inside, usually the manufacturers, do not have the right to prevent us from doing so.

author: free_electron
author_rank: Super Contributor
timestamp: May 27, 2015, 07:35:12 am
content: DMCA will kick YODA's ass....

author: Halcyon
author_rank: Unknown
timestamp: May 27, 2015, 10:16:41 am
content: Quote from: free_electron on May 27, 2015, 07:35:12 amYes indeed, unless an amendment is made.Even in Australia, several laws supersede another (not in relation to Copyright, but other things). It's very complex.

author: Mechanical Menace
author_rank: Super Contributor
timestamp: May 27, 2015, 10:58:14 am
content: Quote from: Halcyon on May 27, 2015, 10:16:41 amNah, newer laws automatically supersede older laws on matters within their scope.EDIT: Actually I guess that's not always true in certain cases. One I can think of is a thing you have in America1, an explicit constitution that automatically supersedes any other laws. And while there are multiple methods to force amendments they need mass popular backing and can't just be pushed through by even having a vast majority in both houses. That's great and shows amazing forethought and humility form the framers. Our constitution (we do technically have one) is implied through the laws and any government could make major changes that were never part of their election platform without any support from the population....But I think it this case it would be true, I can't see this having any constitutional implications.1By you I meant free_electron.

author: technix
author_rank: Super Contributor
timestamp: May 27, 2015, 07:31:46 pm
content: Quote from: free_electron on May 27, 2015, 07:35:12 amYODA itself is a patch that invalidates portion of DMCA, so no YODA is born to kick DMCA's ass.

author: free_electron
author_rank: Super Contributor
timestamp: May 27, 2015, 07:39:40 pm
content: Quote from: technix on May 27, 2015, 07:31:46 pmfirst see then believe ... the Lobbying machine is powerful...

author: Sigmoid
author_rank: Frequent Contributor
timestamp: May 27, 2015, 07:51:13 pm
content: It would be a great first step, but much more important would be raising widespread awareness about, and boycotting companies that try to use copyright in weird ways, and more generally, those that sell devices with some kind of intentional lock-out mechanism.

author: Ian.M
author_rank: Super Contributor
timestamp: May 27, 2015, 08:12:46 pm
content: If they aren't allowed to play fast and loose with the concept of 'ownership' then the companies that want that much control over their users will just move to an explicit leasing model with strong disincentives to early lease termination by the customer.

author: technix
author_rank: Super Contributor
timestamp: May 27, 2015, 08:43:37 pm
content: Quote from: Ian.M on May 27, 2015, 08:12:46 pmIf they put the word "lease" out people will expect different business models immediately.

author: Sigmoid
author_rank: Frequent Contributor
timestamp: May 27, 2015, 08:51:14 pm
content: Quote from: Ian.M on May 27, 2015, 08:12:46 pmThat's possible, but that's actually highly preferable to the current state of affairs. And not ALL companies will move. Ultimately, the customer has the power to choose. They do have that power now too, but with less transparency.