Rooted Nook or Kindle? - Page 3

jocampo · 01-22-2012, 09:31 PM

Quote:

Originally Posted by HarryT

With the greatest respect, Jo, that's not the case. Some legal authorities argue that DRM removal is legal in the US; others, that it is not. Nobody will know the answer one way or another until someone is prosecuted and a case reaches a sufficiently high court to make a decision which will act as a legal precedent. It's very definitely a "grey area".

Sorry Harry,

It is illegal in USA, indeed. It is against the DMCA (Digital Millennium Copyright Act)

Any way to circumvent the measures, including breaking DRM encryption, falls under such law. The DMCA prohibits circumvention. I know it for sure, I've taken some lectures at work.

If this is being enforced on regular users or not, who just want to read their books on a different device, that's different. I guess in practical terms is hard to make a legal case and big companies are not interested.

tym · 01-23-2012, 08:19 AM

Quote:

Originally Posted by jocampo

Sorry Harry,

It is illegal in USA, indeed. It is against the DMCA (Digital Millennium Copyright Act)

Any way to circumvent the measures, including breaking DRM encryption, falls under such law. The DMCA prohibits circumvention. I know it for sure, I've taken some lectures at work.

If this is being enforced on regular users or not, who just want to read their books on a different device, that's different. I guess in practical terms is hard to make a legal case and big companies are not interested.

As far as America goes, I believe most understand the reason for doing it. Consumers want the option to read it on whatever device they choose. Which is only fair.

IMHO just another one of the laws they passed, but really have no interest in enforcing.

HarryT · 01-23-2012, 08:26 AM

Quote:

Originally Posted by jocampo

Sorry Harry,

It is illegal in USA, indeed. It is against the DMCA (Digital Millennium Copyright Act)

Any way to circumvent the measures, including breaking DRM encryption, falls under such law. The DMCA prohibits circumvention. I know it for sure, I've taken some lectures at work.

Yes, I know what the DMCA says. Nonetheless, many legal experts are of the opinion that it is acceptable under the "fair use" doctrine of the copyright act. Nobody will know one way or another until a case goes to court and a judge makes a ruling on the subject.

ApK · 01-23-2012, 08:57 AM

Quote:

Originally Posted by jocampo

Sorry Harry,

It is illegal in USA, indeed. It is against the DMCA (Digital Millennium Copyright Act)

Any way to circumvent the measures, including breaking DRM encryption, falls under such law. The DMCA prohibits circumvention. I know it for sure, I've taken some lectures at work.

No, unless you've heard something from the courts more recently, you are mistaken. The 5th circuit court has given an opinion that the circumvention prohibition does not apply for uses that do not infringe copyright. The 9th circuit court has opined otherwise.
This has been discussed here at great length.
There are various published article from law firms on the topic if you care to Google.
Here's one from another thread:
http://www.lockelord.com/art_2011law...randevanslyke/

jocampo · 01-23-2012, 01:46 PM

Think about it.

If breaking DRM encryption is legal in USA, why we can't find official websites or software companies selling a program that you can buy and break Kindle or Nook DRM protection? Why programmers hide and use nicknames to release such tools?

I am not a lawyer by any means (would be nice if a criminal lawyer can chime in) but the law certainly is there.

In my opinion (again, I am not a lawyer) the wording is poor and the scope area not well limited, which results on something that in real life no one is respecting or following.

ApK · 01-23-2012, 02:01 PM

Quote:

Originally Posted by jocampo

Think about it.

If breaking DRM encryption is legal in USA, why we can't find official websites or software companies selling a program that you can buy and break Kindle or Nook DRM protection?

We said the legal status is uncertain.

Also, the Library of Congress issues administrative rules which lists exemptions to the anti-circumvention provision every few years.
There are several areas where it is clearly and explicitly legal in the US, so your understanding is clearly not complete.
http://www.copyright.gov/1201/2010/
The latest rule-making process is going on now. Search MR for the thread on the topic, and submit your comments to the library of congress.
http://www.copyright.gov/1201/

Quote:

Why programmers hide and use nicknames to release such tools?

again, the legal status is uncertain and more than any one country's laws are involved.

Quote:

I am not a lawyer by any means (would be nice if a criminal lawyer can chime in) but the law certainly is there.

In the vast majority of cases, it's not a matter for a criminal lawyer. Copyright violations (and the DMCA) are usually civil matters. It'd be nice to hear from an Intellectual Property Lawyer (and if you'd like to hear from one: http://www.lockelord.com/art_2011law...randevanslyke/) but even lawyers can disagree. That's why we need lawyers....

HarryT · 01-23-2012, 03:14 PM

Quote:

Originally Posted by jocampo

Think about it.

If breaking DRM encryption is legal in USA, why we can't find official websites or software companies selling a program that you can buy and break Kindle or Nook DRM protection? Why programmers hide and use nicknames to release such tools?

Because distribution of DRM removal tools IS illegal. There's not a shadow of doubt about that. We're discussing the USE of such tools, not their development or distribution.

threebeers · 02-08-2012, 02:18 PM

I have both, and rooted the Nook. Thoughts:

1. Form factor isn't really important. Both use the same touchscreen technology. The Nook also has turn buttons, but it is difficult to press them.

2. Rooted, Nook is great. Running six different reading apps and six different publication apps (like NYT). But it takes some time and configuration.

3. Out of the box, Kindle is better for a couple of reasons. First, sound and TTS. Sounds silly but try listening to the lady when your eyes are tired. You can catch up on an article or chapter in the dark. Second, nothing beats Send to Kindle, both from Calibre and from various web apps. This makes the Kindle truly wireless. The best I can figure out to do this with the Nook is through Dropbox, but it is clunkier.

4. Rooted Nook has better games, there are plenty of puzzle and word games in Android that play nice in monocrome. Kindle also has some ok games, though.

5. Unless you hack the fonts, make sure you like the stock font with Kindle. I didn't and replaced it, but it took some jiggering. Nook has multiple stock fonts, then even more if you root and use another reader program.

So I'm ending up using my Kindle on the road and in bed, and my Nook as a monochrome tab.

Buy both and return is pretty good advice, although you may have trouble returning a rooted Nook.

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01-23-2012, 01:46 PM	#35
jocampo Layback feline Posts: 3,034 Karma: 6980745 Join Date: Nov 2010 Location: USA Device: Oasis 2nd gen, Sony DPTS1, iPad Pro 10.5"	Think about it. If breaking DRM encryption is legal in USA, why we can't find official websites or software companies selling a program that you can buy and break Kindle or Nook DRM protection? Why programmers hide and use nicknames to release such tools? I am not a lawyer by any means (would be nice if a criminal lawyer can chime in) but the law certainly is there. In my opinion (again, I am not a lawyer) the wording is poor and the scope area not well limited, which results on something that in real life no one is respecting or following.

02-08-2012, 02:18 PM	#38
threebeers Member Posts: 18 Karma: 10 Join Date: Sep 2010 Device: Palm, Sony, Nook, Literati	I have both, and rooted the Nook. Thoughts: 1. Form factor isn't really important. Both use the same touchscreen technology. The Nook also has turn buttons, but it is difficult to press them. 2. Rooted, Nook is great. Running six different reading apps and six different publication apps (like NYT). But it takes some time and configuration. 3. Out of the box, Kindle is better for a couple of reasons. First, sound and TTS. Sounds silly but try listening to the lady when your eyes are tired. You can catch up on an article or chapter in the dark. Second, nothing beats Send to Kindle, both from Calibre and from various web apps. This makes the Kindle truly wireless. The best I can figure out to do this with the Nook is through Dropbox, but it is clunkier. 4. Rooted Nook has better games, there are plenty of puzzle and word games in Android that play nice in monocrome. Kindle also has some ok games, though. 5. Unless you hack the fonts, make sure you like the stock font with Kindle. I didn't and replaced it, but it took some jiggering. Nook has multiple stock fonts, then even more if you root and use another reader program. So I'm ending up using my Kindle on the road and in bed, and my Nook as a monochrome tab. Buy both and return is pretty good advice, although you may have trouble returning a rooted Nook.

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