PS4 Jailbreak 2016? It’ll still be illegal to jailbreak your console next year. What about the PS Vita?
The US Congress regularly updates the list of devices that are accepted as an exception to the DMCA. According to the DMCA, “jailbreaking” a device in order to bypass DRMs is illegal. But there are a few exemptions, the most known one being phones: it is allowed to jailbreak a phone in general, as it has been proven that this is often required in order to switch carrier, for example.
The list of exemptions was updated recently. Sadly, but unsurprisingly, Jailbreaking a living room console such as a PS4 (with techniques such as the “Brazilian” PS4 Jailbreak) or an Xbox One will still be illegal (in the US) for the years to come. Details below.
Jailbreaking Phones and tablets is OK. How about your PS Vita?
A long time ago, I argued that, because the PSP supported skype, it made it a phone, and as such it was legal to jailbreak your psp. I was young and stupid back then (now I’m old and stupid).
The PSP is not a phone, neither is your PS Vita. The exemption, as described in the official document, is as follows:
Computer programs that enable smartphones and portable all purpose mobile computing devices to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the smartphone or device, or to permit removal of software from the smartphone or device. For purposes of this exemption, a “portable all purpose mobile computing device” is a device that is primarily designed to run a wide variety of programs rather than for consumption of a particular type of media content, is equipped with an operating system primarily designed for mobile use,and is intended to be carried or worn by an individual.
Interestingly, one could argue that the PS Vita is an “all purpose” mobile computing device. It, after all, gives you access to email, photos, movies, and a bunch of non-gaming related apps. I assume however that this would be a stretch, and the Vita is still largely considered as a gaming device. Thoughts?
PS4 Jailbreak 2016. Legal or not?
For living room consoles such as the PS4 or the xbox one, the decision is much clearer. The document goes at length to explain that console jailbreaks are tightly linked to video game piracy, and there is not enough compelling evidence that jailbreaking for any other goal (such as repairing a console) would be a use case major enough to justify an exemption. Excerpt:
According to the Register, the record was not materially different from that considered in 2012, and included evidence demonstrating that jailbreaking of video game consoles continues to be closely associated with video game piracy, thus undermining the value of console software as a secure distribution platform.
The Verge paraphrases:
The exemptions are important because they allow consumers to install third-party software, in other words jailbreak, most of those gadgets without risking copyright infringement. The reason game consoles were left out is because a jailbroken one would primarily be used for playing stolen games.
Emulators and game preservation are good to go, under some conditions
Last but not least, an interesting piece of the document is about video games, specifically the right to reverse engineer games if they are not working anymore, due to the game company not supporting a necessary online server for local gameplay (think online DRMs, etc…). The exemption also indirectly mentions the right to create emulators for the goal of preserving video game legacy (pretty cool!). The full exemption:
(i) Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable local gameplay, solely for the purpose of:
(A) Permitting access to the video game to allow copying and modification of the computer program to restore access to the game for personal gameplay on a personal computer or video game console; or(B) Permitting access to the video game to allow copying and modification of the computer program to restore access to the game on a personal computer or video game console when necessary to allow preservation of the game in aplayable form by an eligible library, archives or museum, where such activities are carried out without any purpose of direct or indirect commercial advantage and the video game is not distributed or made available outside of thephysical premises of the eligible library, archives or museum.(ii) Computer programs used to operate video game consoles solely to the extent necessary for an eligible library, archives or museum to engage in the preservation activities described in paragraph (i)(B).(iii) For purposes of the exemptions in paragraphs (i) and (ii), thefollowing definitions shall apply:(A) “Complete games” means video games that can be played by users without accessing or reproducing copyrightable content stored or previously stored on an external computer server.(B) “Ceased to provide access” means that the copyright owner or its authorized representative has either issued anaffirmative statement indicating that external server support for the video game has ended and such support is in fact no longer available or, alternatively, server support has been discontinued for a period of at least six months; provided, however, that server support has not since been restored.(C) “Local gameplay” means gameplay conducted on a personal computer or video game console, or locally connected personal computers or consoles, and not through an online service or facility.(D) A library, archives or museum is considered “eligible” when the collections of the library, archives or museum are open to the public and/or are routinely made available to researchers who are not affiliated with the library, archives or museum
Yeah, that’s a pretty long read, and as always with those things, will be subject to interpretation on some edge cases. Bottom line is, Jailbreaking your PS4 or your Vita in 2016 will still most likely be illegal. Keep in mind that this is a US ruling, and does not apply to other countries, where the law is most likely different, or with variations.
And, yes, legal documents call this a “Jailbreak”, get over it.
Source: copyright.gov
Ahahahaha interesting to read
ofcourse illegal, cause jailbreaking will lead to piracy, what the point of jail breaking somehow?
it’s for FREE stuff don’t you? instead JUST POWERUP the console / handheld performance
Actually, I’m solely interested in jailbreaking my PSTV so I can play my old PSP games on the big screen. I have no interest in piracy whatsoever.
I suppose that puts in me in the bottom 5% of users, though?
Not much they can do to stop you from hacking it. It would be impossible to enforce that law. It only exists as a deterrent.
And to prosecure those who profit by hacking consoles.
I would totally jailbreak a PSTV to play Phantasy Star Portable 2 on my 50″.
Does that mean we have the right to hack and jail brake games like m.a.g. or mercs 2 given how the devs have given up on them.
You can’t “jailbreak” a game.
Games aren’t cars slappy.
Nice Post.
FIRST!!!
It says that games can be emulated for restoring their ability to play on a computer. But all games are made on computers and then set to work only on consoles, so does that mean we can legally emulate all new and old games on our computers to “restore access to the game for personal gameplay on a personal computer”?
I’m waiting on The_Zett to rant on Twitter about the use of terminology. Specifically, “jailbreaking.”
+1, waiting for the Zett and Greg Rasputin to headshot me for using the word “Jailbreak” 🙂
They have a damn good point
great! nice article, now we just need a real jailbreak for the vita, sorry for those cutre psp emu hacks and the dead and pain in the *** to run rejuvenate, vita is dying!!
Hold on… so you’re saying I could break of jail with my ps vita if it wasn’t for this law. Because jailbreak does not mean exploit in reality.
Actually, with the Vita, since it can run on a Mobile 3G Network via Wireless Providers, would that not fall onto a Portable Multimedia Device that can be Jailbroken? Vita is basically a Game System, MP3 Player, Video Player/Recorder, Camera/Picture Viewer, Internet Browser that is Portable and can connect to other Systems over a Mobile Network.
I agree, there is a cellular antenna. Also you can make phone calls/video call/internet browse/email just like any other cellular multimedia device.. This seems like it would meet the criteria to me.
This
No, just because a computer can run N64 games doesn’t make it an N64 console… Us still a computer with capabilities to play games.
Just because your cellphone can record vide it won’t classify as a video camera recorder… Is still cellphone with video recording features…
The same way the PSP and Vita won’t classify as cellphones just because they can use Skype or join a 3G network…
“(C) Local gameplay” means gameplay conducted on a personal computer or video game cons
ole, or locally connected personal computers or consoles, and not through an online service or facility.”
Yeah, if they resort to Cloud gaming online services for all legacy games vs releasing them for download, that should not be against me ripping my own games to play them locally rather than have to deal with lag just to play an old game & preserve the media/consoles they were originally made for.
One day they will just wear out, and what then? They will be cast into oblivion? There has to be a limit to how much control a company has on the allowance of the consumer to preserve their own legacy games. I believe this is quite reasonable.
This is also why I prefer physical copies versus digital. Once the cloud file is gone or the company decides to not support the game anymore or removes it from their servers after purchase (If they did to an actual game like what they did to the PT demo on the PS4) they would still have your money, and you should still be able to play the game you purchased. Even if it is downloaded to the console, your hard drive could still fry and then the consumer might not be able to ever access the game again.
Bottom line: As a consumer we SHOULD be allowed to back it up, (Digital download or physical copy) for personal use, without reprimand.
I very strongly hope for an early PS Vita hacking point because nefig here to scare me that the Jailbreak for PS Vita it is not legal!!Because the Jailbreak for Ios all legitimate enoug!
who cares it illegal?
i *** hate that. can anyone point me to any blogs that hate the mpa/riaa? blogs, online movements, etc. someone point me in the right direction
saturos,me no!
Yeah, TOTALLY ILLEGAL, hence i prefer if Sony provide sanboxed environment for hobbyist
“now im old and stupid” lol
Cant w8 4 a jb for vita 😮
Well, that sure is interesting, I thought it’s illegal to “jailbreak” any device at all.
Too bad fully hacking either is still not possible and we’re all still patiently waiting, no matter how legal it is.
I really wish scene news sites would stop referring to console hacking as jailbreaking. That’s for iPhones. Androids get rootkits. Consoles get exploits and/or custom firmware. Stop dumbing it down for the masses.
Just wait until sony COMPLETELY give up on the vita, we already vita is dying, its only receiving indie games and SUPPOSELY some “First party games are in development”. So the minute they give up and stop supporting and thats when us vita hackers can take advantage. In a nutshell, sony is already bound to lose the vita just like the psp.
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