Library of Congress: jailbreaking is ‘fair use’ | iLounge News

News

Library of Congress: jailbreaking is ‘fair use’

The U.S. Library of Congress’ Copyright Office has announced a decision under which jailbreaking mobile devices, most prominently the iPhone, has been deemed legal and within the user’s fair use rights. The ruling (PDF Link) states, “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.” Apple has in the past taken a hard stance against jailbreaking, claiming that the practice was illegal—in that it constituted copyright infringement and a DMCA violation—and that it could enable “potentially catastrophic” network attacks.

In addition to addressing the issue of jailbreaking, the ruling also makes note of unauthorized unlocking of mobile phones. While the ruling itself doesn’t extend so far as to ensure “that customers have the freedom to switch wireless communications service providers,” it does state that “unlocking a mobile phone to be used on another wireless network does not ordinarily constitute copyright infringement and that Section 1201(a)(1), a statute intended to protect copyright interests, should not be used to prevent mobile phone owners from engaging in such noninfringing activity.” [via Mac Rumors]

« AudioBox releases native iPhone client

Apple adds Droid X to antenna testing page »

Related Stories

Comments

1

This is nice to see. This means good things for the jailbreak community and people who what to move their older or commitment free iPhones to anoter network. As for the EFF thank you. This is the first time in along time it seems that the gov’t has sided on the end user side and not the side of corporations.

Now for the big question will the FCC take our side on net neutrality

Posted by David on July 26, 2010 at 3:12 PM (CDT)

If you have a comment, news tip, advertising inquiry, or coverage request, a question about iPods/iPhones/iPad or accessories, or if you sell or market iPod/iPhone/iPad products or services, read iLounge's Comments + Questions policies before posting, and fully identify yourself if you do. We will delete comments containing advertising, astroturfing, trolling, personal attacks, offensive language, or other objectionable content, then ban and/or publicly identify violators.

Commenting is not available in this channel entry.
Sign up for the iLounge Weekly Newsletter

Email:

Recent News

Recent Reviews

Recent Articles

Sign up for the iLounge Weekly Newsletter

Email:

iLounge is an independent resource for all things iPod, iPhone, iPad, and beyond.
iPod, iPhone, iPad, iTunes, Apple TV, Mac, and the Apple logo are trademarks of Apple Inc.
iLounge is © 2001 - 2014 iLounge, Inc. All Rights Reserved. Terms of Use | Privacy Policy