Interesting read... response the EFF made
(pdf) during the comment period, in particular in regard to interpreting exemption 5 ("[C]ircumvention is undertaken for the purpose of enabling interoperability of such applications with computer programs on the handset or tablet."
At the May 17 hearing, the Office raised questions concerning the scope of the proposed class of works, specifically whether there is any evidence that there is a need for, or evidence in support of, jailbreaking e-readers, such as the Kindle and the Nook. Please provide evidence supporting the inclusion of these devices, including those versions of the Kindle and Nook that serve solely or primarily as ebook readers, in the proposed class of works.
E-readers should be included in the proposed class of works because individuals also jailbreak and root these devices to customize their user experience. Indeed, there is a homebrew community devoted to developing independent software for devices that are solely or primarily marketed as e-readers, such as the Kindle Touch and Nook Color (Kindle Developerís Corner, https://www.mobileread.com/forums/forumdisplay.php?f=150 (last visited
July 2, 2012); Nook Devs, http://nookdevs.com/ (last visited July 2, 2012).). Users who root their e-readers have the capability to modify their devices in order to:
- Install custom screensaver images.
- Create a basic tablet by installing an email program, preferred browser, media player, timer, currency converter, or other programs that are not pre-installed on the device. This may be particularly desirable where the e-reader is smaller, lighter, and has longer battery life than a standard tablet.
- Install homebrew games.
- Install input methods for other alphabets.
- Customize the deviceís interface, e.g., to control the device more easily with one hand, or install an application launcher with custom icons.
- Make new, innovative uses of device hardware. For example, the Kindle Touch reportedly comes with a built-in accelerometer and proximity sensor, neither of which is used by any pre-installed software program.
See here for list of more responses: