End To Future Homebrew?

Discussion in 'Wii - Hacking' started by TiMeBoMb4u2, Oct 29, 2012.

Oct 29, 2012

End To Future Homebrew? by TiMeBoMb4u2 at 3:26 PM (1,539 Views / 0 Likes) 16 replies

  1. TiMeBoMb4u2
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    Member TiMeBoMb4u2 GBAtemp Maniac

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    This seems to be fatal to the homebrew community. =(
    How do you guys perceive the impact?
    Will BootMii, HackMii, and Team Twiizers be no more?

    "The new rules, which go into effect Oct. 28, will let consumers jailbreak or root their smartphones, but not tablet computers and home gaming consoles." --Fox News
     
  2. Dork

    Member Dork GBAtemp Advanced Fan

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    Doesn't sound like anything has changed.
     
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  3. Zero

    Banned Zero Belief will always save me

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    No impact at all. Nothing will change in terms of how active development is
     
  4. FAST6191

    Reporter FAST6191 Techromancer

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    I shall have to read more and damned if I will let Fox be the one to try to make sense of the ruling.

    Still it has always been something of a grey area and moreover many hackers make a point of not being the US. That is not to say the removal of the US hacking would not be devastating though.

    I once watched a presentation on iphone security and they took great pains to distinguish between the baseband firmware (useful for network unlocks) and IOS (useful for homebrew) and this leads to my reservations about having Fox try to make sense of the ruling/rules. Beyond that the distinction between phone, tablet, console and otherwise is probably only being held together by the mess it would likely make of patents; functionally if the distinction even exists now then it will not in a few years time. I would expect some might claw to things like "needs to have a wide transmission area" to distinguish between phones and otherwise though built in 3g, city level/mesh wifi and VOIP of various forms make that at best a tenuous argument, I can certainly see it slipping past a judge though so I am not ready to be assured of things.
     
  5. DinohScene

    Member DinohScene The Gift of Dino

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    I bet that this will have no impact at all.

    You bought the hardware so it's your thing to do with it as you please.
    Want to run over it with a truck.
    Go ahead, no one will stop you cause you bought it.
     
  6. Rydian

    Member Rydian Resident Furvert™

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    It's a list of exceptions done every two years, and as far as I know the last exception list didn't have game consoles either.
     
  7. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    This won't stop me from making homebrew, I can tell you that for sure.
     
  8. Sheimi

    Member Sheimi A cute Vixen!

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    People are going to still mod their 360/PS3/Wii etc regardless what the law is.
     
  9. FIX94

    Global Moderator FIX94 Global Moderator

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    Can't see any big change in there, and btw, what do they wanna do against it? Break into your house to see if your wii is hacked or not? :P
     
  10. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    Also keep in mind that this only applies to the US.
     
  11. techboy

    Member techboy GBAtemp Advanced Maniac

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    It never was legal in the US to begin with, not like that stopped the hundreds of thousands (if not millions) of people in the country who have hacked consoles. The most a company can reasonably do without wasting large sums of money pursuing people is ban them from the online services for violating the TOS.

    The reason they mentioned this in that story was because some group was pushing for it to be made legal as a temporary exemption. They did not succeed.

    Besides, if the DMCA were heavily enforced by actual law enforcement, most people in the country would probably be in jail or bankrupt from lawsuits. The DMCA is enforced mostly by the companies who produce the content, and many companies do little to nothing, mostly because it's expensive and pointless to fight a war that's impossible to win.

    As a result, they just sue a few major offenders every now and then to make an example out of 'em.
     
  12. TiMeBoMb4u2
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    Member TiMeBoMb4u2 GBAtemp Maniac

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    I would argue this. It WAS legal to circumvent systems for the purpose of interoperability. The Homebrew Channel was NOT illegal to install in the US. Now it is.

    "The new rules also prohibit cracking game consoles such as PlayStations and Xboxes in order to run applications and software not intended by the maker."
     
  13. JoostinOnline

    Member JoostinOnline Certified Crash Test Dummy

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    It always was, and it continues to be, a gray area.

    All the article is saying is that smartphones have been added to the list of exceptions, but everything else is the same.
     
  14. DaggerV

    Member DaggerV Archmagi of the Emerald Moon

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    So smartphones that are nowadays interchangeable with tablets, okay on one but not the other, what if you cross the stream? Is it illegal then?
     
  15. techboy

    Member techboy GBAtemp Advanced Maniac

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    I thought this one was quite dumb myself.

    Many tablets run the same OSes as phones (especially iOS and Android), can consume much of the same content from their respective markets, and are sometimes vulnerable to the exact same exploits.

    Odds are good that little in the way of lawsuits will actually come under this rule.
     
  16. Crystal the Glaceon

    Member Crystal the Glaceon GBAtemp Inkling™ Squishies~

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    Illegal or not, I doubt any of this ruling will effect the homebrew scene drastically. Homebrews and all things that come with it have always lurked in a gray area and attempts to stop it have been done many times through out the years and each attempt has always failed. Not to mention it's a pure witch hunt to track down every single user using homebrews and even greater more expensive chase trying to stop those using homebrews for illegal purposes.
    No official court ruling will change this nor will it effect the scene.

    Not to mention the source you post is Fox News, so I doubt they got the full story or if they did, they just edited to the parts they wanted to hear.
    I suggest finding a better source than Fox.
     
  17. SifJar

    Member SifJar Not a pirate

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    I'd just like to try and add some clarification here. Here's the legal document relating to this: https://s3.amazonaws.com/public-inspection.federalregister.gov/2012-26308.pdf

    The relevant section is Section IV. B., Under the title of "IV. Classes Considered But Not Recommended"

    A few choice quotes:

    To summarise, the EFF sought an exemption to an existing law, under which homebrew is illegal [in the US]. The Register (of Copyrights) did not recommend this exemption be granted. By my understanding, the Librarian of Congress then decides the ruling based on these recommendations. In this case, the recommendation of the Register was accepted, and no exemption was granted. So nothing actually changed. (It is interesting to note that NTIA, another government body involved in the process did feel it was acceptable to perform modifications where necessary to repair a console, but the Register disregarded that due to lack of evidence).

    For a bit of background on the law in question:

    As I understand it, the proposal was to amend subparagraph (B) so as to add additional limitations to subparagraph (A) i.e. exemptions.

    Now obviously I'm not a lawyer, so I can't guarantee I am getting this all right, but I think it is quite plainly clear that nothing has actually changed in legal terms. The law has not changed with regards to homebrew. By my understanding, DMCA prohibits it, but that has been discussed to death many times with no universally accepted conclusion. The point is, this ruling makes no difference, because it doesn't change anything.
     

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