However they are drug paraphernalia and thus illegal if used to smoke marijuana, or other controlled substances. Smoke shops can sell them, and people can buy them. Water pipes/bongs/hookahs have a long tradition of use with tobacco and they are legal in the US for that use. Things can also be legal or illegal depending on their intended use. They are just as dead in all cases, but your reasons and surrounding actions matter. If you plan out and execute killing someone, murder 1. If you mean to kill someone, but don't plan it (like you catch a guy with your wife) murder 2. If you kill them through direct action, but didn't mean to (like you are beating them up and it goes too far), manslaughter 1. If you kill someone through an accident perhaps involving some negligence (like you hit them with your car because you weren't looking) manslaughter 2. If someone is trying to kill you and you kill them, justified. In all cases the other person is dead, the major action and outcome are the same. What it depends on is the specifics of your actions and what you meant to do. If you kill someone it can be anything from justified self defense, which isn't chargeable, up to 1st degree murder, which can net a death penalty in some places. Why you do something can be as important as what you do. Not all laws take intent in to account, but many do. The fact that Crippen is making money from breaking the law, and in likelyhood abetting a little casual piracy, suggests he's going to get made an example of. The Xbox was not included in the permission granted and therefore such hacking is a violation of the current statute until found otherwise in a court. As with all things legal, a specific permission isn't just instanlty transformed into general allowance to do whatever the hell you want.
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The Library of Congress specifically made Iphone jailbreaking permissable, for the reasons given above. The user is not engaging in any commercial exploitation of theįirmware, at least not when the jailbreaking is done for the user’s own The person making the modification, albeit beyond what Apple has determined toīe acceptable. Private, noncommercial use intended to add functionality to a device owned by Critical question is whether jailbreaking an iPhone in order to add applications to the phone constitutes a noninfringing use.Īnd character of the modification of the operating system is to engage in a