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The reason game consoles were left out is because a jailbroken one would primarily be used for playing stolen games, says the Electronic Software Association, the game industry's largest trade group and the main opposition to the exemption.
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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. Yet video game consoles were rejected yet again for reasons related to piracy. The exemptions include almost every major consumer technology device you can think of, from smartphones and smart TVs to wearables and 3D printers. The US Library of Congress, in an online order today, issued a series of exemptions to a controversial provision of the DMCA that prohibits bypassing copyright protections, even if the act of bypassing those restrictions is not intended to steal proprietary information. If you're interested in installing unauthorized third-party software on your Xbox One or PlayStation 4, know that it is still considered illegal under the 1998 Digital Millennium Copyright Act (DMCA) because regulators don't trust the gaming community not to steal.