The US Government is once again considering the legality of jailbreaking consoles.

As reported by ArsTechnica, hacking proponents, along with industry members, are now fighting for proposed exceptions to the Digital Millennium Copyright Act as the Copyright Office reviews Section 1201 exemptions.

Jailbreaking, for those unfamiliar, allows the owner of a platform to modify – or ‘reverse engineer’ – a console, tablet, phone, or similar device, to run unsigned code. If acting within the law, this could be adding streaming functionality to the original Xbox, or running homebrew games on a PS One. The problem, the Law fears, is that by allowing users unrestricted access to unsigned code, people will modify a console so it can run – you guessed it – pirated software.

“Jailbreaking isn’t a crime. At least, it shouldn’t be. But under the auspices of Section 1201, software modders and gamers have been cast as criminals—simply for taking control of a gaming system that they legally own,”writes iFixit in favour of the exemptions.

iFixit goes on to mention some of the uses a jailbroken console may have, one of which being a cheaper alternative to PCs. Another example cites the United States Air Force, who networked 1,700 PlayStation 3s to create an all-powerful supercomputer.

“Under current copyright law,” iFixit continues, “those US airmen and university researchers could be considered and prosecuted as criminals—just for tinkering with computers in consoles.”

“The Copyright Office has already recognized that jailbreaking mobile phones for personal use doesn’t violate copyright law. They affirmed that phone owners have the right to access a wider ecosystem of functionality, even if that ecosystem isn’t authorized by the manufacturer. iFixit is asking the Copyright Office to extend those same freedoms to the owners of gaming consoles. Because jailbreaking is a not a crime.”

On the opposite side of the argument stands the Entertainment Software Association, the Recording Industry Association of America, and the Motion Picture Association of America. The concern here, for the three companies, is that even if hackers modify with good intentions, the end result is always the same: Piracy.

“While they claim that such unauthorized games are sometimes noninfringing, they also concede that ‘jailbroken consoles can also be utilized to pirate games,’” the three groups argue. “The Register should not lose sight of the fact that ‘access controls on videogame consoles not only preserve the integrity of the consoles, but also ensure the legitimacy of the content that is played on those devices.”

“As ESA explains in its separately filed comments, gamers who wish to play 'homebrew' games have a variety of platform options to choose from. For example, such games can be played on personal computers and Android devices without circumvention. There is no evidence in the record to the contrary. The proponents’ preference for utilizing video game consoles rather than these reasonable alternatives is not a cognizable justification for an exemption, especially considering that console manufacturers actually enable independent publishers to design games for the consoles using approved, streamlined processes.”

In 2012, the Copyright Office came down on the idea of legalising the jailbreaking of home consoles, arguing that homebrew and software wasn’t enough of a reason to lift the ban. The question some have now is why are mobile phones exempt? Why is it legal to hack a phone, but not a console? The answer, as the US Register of Copyrights puts it, making a AAA console game is "a long and intensive process," when compared to "the relative ease and inexpensiveness of creating a smartphone application."

The Copyright Office is currently accepting written comments / proposals until May 1. Public hearings regarding the exemptions will take place from May 19 until May 21 in Washington, DC, and Los Angeles. 

http://www.ign.com/articles/2015/04/17/us-government-once-again-discusses-console-jailbreaking?abthid=5530e4519fdbed7010000004

I hope they legalize jailbreaking. People bought the hardware, and they should have the right of doing with it whaever they want at their own risk.

Also, the US Air Force used 1700 PS3 to make a supercomputer? Lol, that's amazing.

THat was impressive.  But it could lead to piracy problems as well which is a problem

Jailbreaking any digital device should be legal, As people may say, they paid for the device so why stop them using it in the way they want. No one stops me from buying a console then smashing it to pieces, both void the warrantee. :P

However, this won't change the fact downloading and playing games you do not own would still be illegal.

The thing with piracy is that it IS inevitable. But it can be minimize. The best way to avoid piracy is good pricing, not just blocking the consumers to modify their machines. Good pricing, good distribution and consumer confidence.

The problem I see is that "i should be allowed to do whatever i want, i own it!" gets used a lot. and people point to legit homebrew as their reasons, but its a smokescreen, and a bad one at that., even if a few actually dont jailbreak/mod their consoles for illegal reasons, the majorty of them do.

I believe if they are to legalize console modification that makes it possible to pirate software they should increase the penalties and frequency of legal action against those that brake copyright laws., that way in exchange of more freedom to use the item youve bought, theres also greater pressure not to abuse that freedom.

I wanna see their consoles look like. I imagine this.