Linked by Thom Holwerda on Mon 26th Jul 2010 17:48 UTC
Legal So, there I am enjoying a nice Gilmore Girls episode after a long day's work, and Engadget's iPhone application brings the good news: the US Library of Congress has added a DMCA exemption for jailbreaking or rooting mobile phones! This is a major blow to Apple, who actively tried to keep jailbreaking a criminal offence, and a major win for everyone who believes that the phone you buy is actually yours, and not the manufacturer's.
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Hardly a blow at all
by whartung on Mon 26th Jul 2010 23:20 UTC
whartung
Member since:
2005-07-06

Whether this happened or not wouldn't have matter in the long term. Any pressures Apple made against people would have simply pushed the efforts off shore (or to where they appear to be happening off shore) where the DMCA "doesn't exist".

None of this prevents Apple from doing efforts to frustrate and prevent jailbreaking of their phones. It may now be legal to circumvent those efforts, but that doesn't make the efforts themselves illegals. Whatever drive Apple has to frustrate jailbreakers, that drive remains.

If anything, the FUD of jailbreaking being in a "shadowy underworld" being lifted with potential to make jailbreaking even more mainstream, may push Apples efforts even harder to keep them out.

Just another shot in the war, but the war continues.

Reply Score: 2

RE: Hardly a blow at all
by DigitalAxis on Tue 27th Jul 2010 01:54 in reply to "Hardly a blow at all"
DigitalAxis Member since:
2005-08-28

Well, it prevents them from going after people simply for jailbreaking, which is what they can currently threaten.

I'm sure Apple won't stop, but they'll have to change their song from 'jailbreaking is illegal' to 'these people are obviously downloading illegal content/hacking wireless base towers/the mafia'. And probably continue to throw up as many hurdles as they can to make jailbreaking unpalatable.

I suspect this only puts jailbreaking in the same category as bittorrent. The concept itself is not illegal, but what people do with it, might be. Think of the children!

Reply Parent Score: 3

RE[2]: Hardly a blow at all
by Almafeta on Tue 27th Jul 2010 03:35 in reply to "RE: Hardly a blow at all"
Almafeta Member since:
2007-02-22

I'm sure Apple won't stop, but they'll have to change their song from 'jailbreaking is illegal'


I'm pretty sure that they've got an argument to make. The Library of Congress ruled that it's not a crime to steal code for the purposes of modifying a device - as long as the usage is "de minimis". If Apple can successfully argue that no matter the size of the code, regardless of if it's one byte or one gigabyte, that the impact of its use is more than de minimis, then we're back to square one.

Reply Parent Score: 3