Federal regulators lifted a cloud of uncertainty when they announced it was lawful to hack or “jailbreak” an iPhone, declaring Monday there was “no basis for copyright law to assist Apple in protecting its restrictive business model.”
Jailbreaking is hacking the phone’s OS to allow consumers to run any app on the phone they choose, including applications not authorized by Apple.
The Electronic Frontier Foundation asked regulators 19 months ago to add jailbreaking to a list of explicit exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions.
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Every three years, the Librarian of Congress and the Copyright Office entertain proposed exemptions to the DMCA, passed in 1998. The act forbids circumventing encryption technology to copy or modify copyrighted works. In this instance, Apple claimed the DMCA protects the copyrighted encryption built into the bootloader that starts up the iPhone OS operating system.
But the Copyright Office concluded that, “while a copyright owner might try to restrict the programs that can be run on a particular operating system, copyright law is not the vehicle for imposition of such restrictions.”
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