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iPhone jailbreaking and Android rooting get DMCA exemption

Written by Rich Fiscus (Google+) @ 26 Jul 2010 18:38 User comments (22)

iPhone jailbreaking and Android rooting get DMCA exemption New DMCA exemptions announced by the Librarian Of Congress make it legal, at least in the US, to jailbreak mobile phones. The new exemption also allows the rooting of Android devices.
The Librarian Of Congress found that jailbreaking is generally done to enable fair use under US copyright law and that the objections of mobile phone providers and vendors were based on business model concerns rather than copyright protection. The exemption for unlocking phones for use on different mobile phone providers' networks was also renewed.

The exemption, which was proposed by the Electronic Frontier Foundation (EFF) and strenuously opposed by Apple, could open the floodgates for iPhone apps from major software vendors which would never have been available otherwise.

In addition to the EFF, the jailbreaking exemption was backed by such big names as Mozilla Corporation and Skype.

Thanks to Apple's use of encrypted code during the boot process it was previously a DMCA violation to reverse engineer the iOS. This has allowed them, through the App Store approval process and SDK Terms Of Service, to tightly control what apps were available for the iPhone and even what tools could be used to create them.

The new rules could result in Adobe either releasing Flash for jailbroken iPhones or placing new emphasis on the Adobe AIR Packager for iPhone, introduced in the recently released Flash Professional CS5. Changes in the iPhone SDK TOS earlier this year prompted Adobe to halt future development of the tool.

The new list of DMCA exemptions also includes removing access controls from ebooks in order to enable the read-aloud feature of ebook readers.

You can read the full text of the announcement below.
2010 DMCA Exemption Announcement

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22 user comments

126.7.2010 19:48

YES! Finally the law on our side. Take that apple!

226.7.2010 20:04

Hmm now I just may jailbreak my iPhone. Question is will the law make apple and other phone brands running Android make it easier to keep your iPhone/Android Phone up to date with the latest software while being jailbroken/rooted.

326.7.2010 21:03

Well I guess my jailbroken Touch and rooted MyTouch 3G Slide are now legal, sweet haha

426.7.2010 21:16

WOOT! Score for the consumers.

On a side note, I won't buy any Apple products on the market. It's nothing more than a rip to me. I have better things to spend my money on.

526.7.2010 22:01

Originally posted by bobiroc:
Hmm now I just may jailbreak my iPhone. Question is will the law make apple and other phone brands running Android make it easier to keep your iPhone/Android Phone up to date with the latest software while being jailbroken/rooted.
It has nothing to do with what the manufacturers do...just means the manufacturer can't 'go after you' if you simply hack the phone (though your warranty will still be voided and you can't blame them if you hacked your phone and a firmware update breaks it).

626.7.2010 22:15

Not only that, but if you jailbreak for the purposes of being able to use pirated software, that is still illegal. But honestly who cares...

726.7.2010 22:21

haha, hell yeah scratch one up for the EFF

826.7.2010 22:22

It would be very hard for them to prove that you rooted to use pirate software. They might be able to prove that you rooted, and then used pirate software...but to prove intent while rooting, they would need something like an email that stated, "I am going to root my phone so that I can use illegal software".

I don't know how much this affects Android, as google seems to be fine with people rooting...but I guess it is a nice safety net just to make sure google remembers their place. I am sure steve jobs is pissed.

927.7.2010 0:47

Quote:

I don't know how much this affects Android, as google seems to be fine with people rooting...

Google might be fine with it but the Droid X (I think that's the one) is actively preventing rooting with an "efuse" that disables your phone.
I wonder how this will affect the Droid X...

1027.7.2010 1:08

Originally posted by ThePastor:
Google might be fine with it but the Droid X (I think that's the one) is actively preventing rooting with an "efuse" that disables your phone.
I wonder how this will affect the Droid X...

It doesn't affect that situation at all. Just like you're allowed to root it, they're allowed to try and stop you. OTOH it's a foolish thing to spend a bunch of time (and therefore money) on rather than concentrating on features which help sell the phone.
This message has been edited since its posting. Latest edit was made on 27 Jul 2010 @ 1:12

1127.7.2010 1:12

Originally posted by DVDBack23:
Well I guess my jailbroken Touch and rooted MyTouch 3G Slide are now legal, sweet haha

Actually your Touch is technically still a DMCA violation since the exemption only applies to "wireless telephone handsets." The same would go for an iPad or other tablet computer. Ironic isn't it?

1227.7.2010 2:47

i think i will just stick with android though, crapple is too consumer unfriendly to me

1327.7.2010 5:22
steave
Unverified new user

The issue goes well the father that the DMCA change your bowels handset.There is a secret grave and a possible antitrust activity among carriers and handset manufacturers.

http://www.ifindiphone.com >iPhone app development</a>

This message has been edited since its posting. Latest edit was made on 27 Jul 2010 @ 12:46

1427.7.2010 6:21
davidike
Inactive

well this is rather mute point as the ACTA is set to criminalise breaking ANY form of DRM.


1527.7.2010 6:45

From the bits I have read, ACTA will criminalize DRM entirely, as using DRM requires some method of decoding the DRM...and the ACTA clearly states that any software or hardware intended to decode or decrypt DRM is illegal.

I am sure they will make exemptions for products made by companies that gross over $1,000,000,000 per year.

1627.7.2010 8:09

Originally posted by elbald90:
i think i will just stick with android though, crapple is too consumer unfriendly to me
The exemption also applies to rooting Android handsets.

1727.7.2010 10:36

Originally posted by ThePastor:
Quote:

I don't know how much this affects Android, as google seems to be fine with people rooting...

Google might be fine with it but the Droid X (I think that's the one) is actively preventing rooting with an "efuse" that disables your phone.
I wonder how this will affect the Droid X...
Well, according to this article/review, if you look at the "Modding controversy" section, there is no "efuse" in the Droid X: http://arstechnica.com/gadgets/reviews/2...-droid-x.ars/10

182.8.2010 13:05

If Fair Use says its OK to circumvent phones to be used on any network then why dont they force the phone providers not to restrict use on other networks as it is against Fair Use! They have gone after Microsquish on these same things and forced them to do things differently so why not here. Ive never understood why cell phone companies have gotten away with this from the get go, it just shows how corrupt our system has become unfortunately.

On a side note I just saw on the news that;
Saudi Arabia and EU are going to ban the Blackberry because its encryption is too strong for them to monitor your usage, just another reason to stay with the better Blackberry over the iCrap.

This message has been edited since its posting. Latest edit was made on 02 Aug 2010 @ 13:06

192.8.2010 17:19

I've been waiting to see what happens. I'm leaning to a iPhone or something in that order. I did meet a guy with a G2 iPhone & he told me that jailbreak works well with it through T Mobile. His $40. a month plan with GPS & unlimited web access is really cool. But like anything else I would imagine that in a year or so all the carriers will be gearing up with new technology to over ride jailbreak so they can charge you for the other apps you have on your phone. I'm just glad that for the time being you can run your own apps with out having to pay a monthly fee.

202.8.2010 17:31

In fact I'm in Michigan. I'm just using Metro PCS but I do want something that I can carry so if I go on a trip so I can use it out of the Metro area. As af as apps go, I'd like the gps feature along with my web access. If anyone out there is here, please add a response so I can get a little feedback on what phone I should get & maybe a carrier... Thanks in advance-Danmax

2123.8.2010 18:51

I guess now the best combination would be an an unlocked Android phone + T-Mobile service for the cheapest + finest mobile phone experience.

This message has been edited since its posting. Latest edit was made on 23 Aug 2010 @ 22:54

2221.9.2010 6:49
spam
Vahvistamaton

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