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Apple Says iPhone Jailbreaking is Illegal

Feb 13, 2009, 23:01 (3 Talkback[s])
(Other stories by Fred Von Lohmann)

"Estimates put the number of iPhone owners who have jailbroken their phones in the hundreds of thousands.

"As part of the 2009 DMCA rulemaking, EFF has asked the Copyright Office to recognize an exemption to the DMCA to permit jailbreaking in order to allow iPhone owners to use their phones with applications that are not available from Apple's store (e.g., turn-by-turn directions, using the iPhone camera for video, laptop tethering).

"Apple's copyright infringement claim starts with the observation that jailbroken iPhones depend on modified versions of Apple's bootloader and operating system software. True enough -- we said as much in our technical white paper describing the jailbreak process. But the courts have long recognized that copying software while reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software, a body of law that Apple conveniently fails to mention."

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