Jailbreaking is Now Legal
Rejoice Jailbreakers! The Electronic Frontier Foundation (EFF) has announced that it is now legal to jailbreak your iDevices and unlock your iPhones. Nobody really cared about these issues before jailbreaking, but for those who actually were worried about the legal issues, now you can go ahead without fear.
EFF also mentions that currently there are about millions of iPhones that are jailbroken and thousands that have expressed a desire to do so. The EFF also successfully renewed the existing DMCA exception for carrier unlocking.
They have come to a conclusion by following these rules –
1. The purpose and character of the use,
2. The nature of the copyrighted work,
3. The amount and substantiality of the portion used, and
4. The effect of the use on the potential market for or value of the copyrighted work.
In a statement, the EFF says –
“The first of EFF’s three successful requests clarifies the legality of cell phone ‘jailbreaking’ — software modifications that liberate iPhones and other handsets to run applications from sources other than those approved by the phone maker. More than a million iPhone owners are said to have “jailbroken” their handsets in order to change wireless providers or use applications obtained from sources other than Apple’s own iTunes ‘App Store ( ),’ and many more have expressed a desire to do so. But the threat of DMCA liability had previously endangered these customers and alternate applications stores.
In its reasoning in favor of EFF’s jailbreaking exemption, the Copyright Office rejected Apple’s claim that copyright law prevents people from installing unapproved programs on iPhones: ‘When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses.”
Sad news for Apple and the developers. You can find the full document here. What do you think?