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Originally Posted by EFF.org EXCERPTS
As we predicted, jailbreaking has become more mainstream —in part because of two cell-phone related DMCA exemptions that EFF championed: one to clarify 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 —and another to renew a 2006 rule exempting cell phone unlocking so handsets can be used with other telecommunications carriers. Both exemptions were granted. Of these, the jailbreaking exemption has received the most attention. ... But the threat of DMCA liability had previously endangered these customers and alternate applications stores.
Importantly, the Copyright Office squarely rejected Apple's claim that installing unapproved programs ... is a form of copyright infringement. The Office recognized that "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." We couldn't agree more. And last week the Ninth Circuit reinforced the importance of this distinction, noting that violations of license agreements do not always amount to copyright infringement.
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