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Library of Congress updates DCMA, jailbreaking/rooting is officially 'legal'

This is a discussion on Library of Congress updates DCMA, jailbreaking/rooting is officially 'legal' within the iPhone News & Site News forums, part of the iPhone News category; Rooting and Jailbreaking have, for the longest time, found itself in a legal grey area. Proponents maintain the position that since they own their devices, ...

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  1. #1
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    Library of Congress updates DMCA, jailbreaking/rooting is officially 'legal'



    Rooting and Jailbreaking have, for the longest time, found itself in a legal grey area. Proponents maintain the position that since they own their devices, they can alter them as they please. And opponents (usually large corporations) believe their technology would be at risk if users could alter their phones at a "superuser" level. The Digital Millenium Copyright Act (DMCA), the legislation specifically designed to deal with issues such as this, had never addressed the phone "hacking", until now. Today, a slew of DMCA exemptions were added, one of which exempted rooting/jailbreaking from being considered "copyright infringement."

    Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.
    This DMCA exemption for rooting in no way legally obligates smartphone manufacturers to provide their phones unlocked and rooted. This merely provides an exemption in the DMCA for users to legally root. So, I guess we hammered home the point, that rooting your phone is officially not illegal. I wonder if this in any way will change the policies of the four big US wireless providers, who have always opted for "locked-down" phones and considered rooting against contract terms. Furthermore, it'll be interesting to see how the major smartphone manufacturers respond to the news. Check out the official Press Release here.

    via Engadget
    source Library of Congress DMCA
    Last edited by wuyanks; 07-26-2010 at 11:52 AM.

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    so apple can still do nothing about it.. well they can update the fw and make it harder to jailbreak and void worrenty

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    Quote Originally Posted by paliometoxo View Post
    so apple can still do nothing about it.. well they can update the fw and make it harder to jailbreak and void worrenty
    what do you mean Apple can't do anything regarding this?

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    Exactly! So now it's legal and still voids your warranty. I guess this is Apples way of trying to keep people from jailbreaking their phone.

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    Quote Originally Posted by qeez View Post
    Quote Originally Posted by paliometoxo View Post
    so apple can still do nothing about it.. well they can update the fw and make it harder to jailbreak and void worrenty
    what do you mean Apple can't do anything regarding this?
    i mean apple cant legally do anything to stop jailbreakers, though they can by means of baseband updates and other ways make it harder to do so.

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    Quote Originally Posted by hoserama View Post
    Exactly! So now it's legal and still voids your warranty. I guess this is Apples way of trying to keep people from jailbreaking their phone.
    yes the battle will go on the chase of cat and mouse.. but whatever apple do some one will have a jailbreak


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