Rooting a device involves circumventing its technological protection measures (in order to allow root access and running alternative software), so its legal status is affected by laws regarding circumvention of digital locks, such as laws protecting digital rights management (DRM) mechanisms. Many countries do not have such laws, and some countries have laws including exceptions for rooting.
International treaties have influenced the development of laws affecting rooting. The 1996 World Intellectual Property Organization (WIPO) Copyright Treaty requires nations party to the treaties to enact laws against DRM circumvention. The American implementation is the Digital Millennium Copyright Act (DMCA), which includes a process for establishing exemptions for non-copyright-infringing purposes such as rooting. The 2001 European Copyright Directive implemented the treaty in Europe, requiring member states of the European Union to implement legal protections for technological protection measures. The Copyright Directive includes exceptions to allow breaking those measures for non-copyright-infringing purposes, such as to run alternative software, but member states vary on the implementation of the directive.
Australia
In 2010, Electronic Frontiers Australia said that it is unclear whether rooting is legal in Australia, and that anti-circumvention laws may apply. These laws were strengthened by the Copyright Amendment Act 2006.
Canada
In November 2012, Canada amended its Copyright Act with new provisions prohibiting tampering with digital locks, with exceptions including software interoperability. Rooting a device to run alternative software is a form of circumventing digital locks for the purpose of software interoperability.
Europe
The Free Software Foundation Europe argues that it is legal to root or flash any device. According to the European Directive 1999/44/CE, replacing the original operating system with another does not void the statutory warranty that covers the hardware of the device for two years unless the seller can prove that the modification caused the defect.
India
India's copyright law permits circumventing DRM for non-copyright-infringing purposes. Indian Parliament introduced a bill including this DRM provision in 2010 and passed it in 2012 as Copyright (Amendment) Bill 2012. India is not a signatory to the WIPO Copyright Treaty that requires laws against DRM circumvention, but being listed on the US Special 301 Report "Priority Watch List" applied pressure to develop stricter copyright laws in line with the WIPO treaty.
Source : www.wikipedia.com
International treaties have influenced the development of laws affecting rooting. The 1996 World Intellectual Property Organization (WIPO) Copyright Treaty requires nations party to the treaties to enact laws against DRM circumvention. The American implementation is the Digital Millennium Copyright Act (DMCA), which includes a process for establishing exemptions for non-copyright-infringing purposes such as rooting. The 2001 European Copyright Directive implemented the treaty in Europe, requiring member states of the European Union to implement legal protections for technological protection measures. The Copyright Directive includes exceptions to allow breaking those measures for non-copyright-infringing purposes, such as to run alternative software, but member states vary on the implementation of the directive.
Australia
In 2010, Electronic Frontiers Australia said that it is unclear whether rooting is legal in Australia, and that anti-circumvention laws may apply. These laws were strengthened by the Copyright Amendment Act 2006.
Canada
In November 2012, Canada amended its Copyright Act with new provisions prohibiting tampering with digital locks, with exceptions including software interoperability. Rooting a device to run alternative software is a form of circumventing digital locks for the purpose of software interoperability.
Europe
The Free Software Foundation Europe argues that it is legal to root or flash any device. According to the European Directive 1999/44/CE, replacing the original operating system with another does not void the statutory warranty that covers the hardware of the device for two years unless the seller can prove that the modification caused the defect.
India
India's copyright law permits circumventing DRM for non-copyright-infringing purposes. Indian Parliament introduced a bill including this DRM provision in 2010 and passed it in 2012 as Copyright (Amendment) Bill 2012. India is not a signatory to the WIPO Copyright Treaty that requires laws against DRM circumvention, but being listed on the US Special 301 Report "Priority Watch List" applied pressure to develop stricter copyright laws in line with the WIPO treaty.
Source : www.wikipedia.com
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