iPhone jailbreaking violates our copyright: Apple

Apple recently told the U.S. Copyright Office that it believes iPhone jailbreaking is a violation of the Digital Millennium Copyright Act and infringes on its copyright, according to the Electronic Frontier Foundation.

The EFF is trying to get the Copyright Office to grant a DMCA exemption on behalf of iPhone owners who have chosen to jailbreak their iPhones, or bypass the restriction Apple places on standard iPhones that only allows the installation of applications from approved sources: the App Store. In its response to the Copyright Office (click here to view the PDF), Apple disagreed that such an exemption was proper because the very act of jailbreaking the iPhone results in copyright infringement.

Current jailbreak techniques now in widespread use utilize unauthorized modifications to the copyrighted bootloader and OS, resulting in the infringement of the copyrights in those programs. For example, the current most popular jailbreaking software for the iPhone, PwnageTool (cited by the EFF in its submission) causes a modified bootloader and OS to be installed in the iPhone, resulting in the infringement of Apple's reproduction and derivative works rights.

The EFF's argument is that jailbreaking your iPhone is protected under fair-use doctrines, and that the Copyright Office should grant an exemption because "the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy." But Apple's response is that few users of jailbroken iPhones actually jailbroke it themselves; instead, they downloaded software created by other parties to make that happen.

Don't expect Apple to come knocking on your door if you're using a jailbroken iPhone;They used a similar argument in the Psystar case and no one has confiscated my open computer yet. But Apple could be trying to build momentum behind the recognition of jailbreaking that does more harm than good; already this week, iPhone developers have been discussing writing software that only works on jailed iPhones as a way of preventing application bootlegging....Or will that just encourage it?

Thoughts?

Holy censorship Batman!!

Just because Batman landed in Hong Kong doesn't mean "The Dark Knight" will.

Warner Bros. decided not to release the film in China — or even submit it for censors' approval — because of "prerelease conditions" and "cultural sensitivities," the studio said Tuesday.

Warner Bros. officials may have been concerned the film — particularly scenes shot in Hong Kong, where Batman nabs a gangster — would offend censors. Hong Kong is a Chinese-ruled former British colony that maintains separate political and economic systems.

The studio said in a statement overnight that the acclaimed film - the second highest-grossing movie in US box-office history - would be canned in China, with "cultural sensitivities" cited as one of the reasons for the no-show.

"Based on a number of pre-release conditions that are being attached to The Dark Knight as well as cultural sensitivities to some elements of the film, we have opted to forego a theatrical release of the film in China," the statement said.

It was not clear what "cultural sensitivities" were at issue but the movie includes an action sequence shot in Hong Kong where Batman, played by Christian Bale, apprehends a Chinese money-launderer.

Another possible sticking point is a brief appearance by Hong Kong actor-singer Edison Chen (credited in the film as "LSI Vice President") , who appeared in one of the biggest sex scandals earlier this year in China, appearing in lurid photos with several women.

However, Bootleg copies have been available in Chinese markets for months.

The Dark Knight" has grossed more than $465 million in foreign markets.