‘Jailbreak’ your iPhone? Go ahead, the government says…
- July 26th, 2010
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Today: The U.S. government changes copyright rules involving products from Apple and other tech companies. Google says its cloud services are safe to use by government agencies. Apple is rolling out its iPhone to more global markets.
‘Jailbreaking,’ other copyright changes
The U.S. government has given owners of smartphones such as Apple’s iPhone the go-ahead to “jailbreak” the devices to run any apps they want — or even to use the phones on compatible wireless networks.
Librarian of Congress James Billington — who oversees the U.S. Copyright Office — said in a statement today that he has issued
six exemptions to the Digital Millennium Copyright Act, including the two involving Apple’s iPhone and other mobile devices.
According to a document posted on Wired magazine’s website, Apple had fought the change, arguing that “iPhone users are licensees, not owners, of the copies of iPhone operating software.”
“The value of the iPhone, and hence the software embedded in it, is substantially diminished when the integrity and functionality of that software is compromised by jailbreaking (hacking), when Apple is left to deal with the problems that ensue, and when the positive feedback loops enabled by the App Store and the iPhone Developer Program are compromised,” Apple said in the letter (PDF) to the Copyright Office.
“Copyright law has long held that making programs interoperable is fair use,” Corynne McSherry, an attorney with the San Francisco-based Electronic Frontier Foundation, said in a news release today. “It’s gratifying that the Copyright Office acknowledges this right and agrees that the anti-circumvention laws should not interfere with interoperability.”
The Electronic Frontier Foundation said it had sought the “jailbreaking” provisions, along with a change that allows DVD owners to circumvent copy protection to use short video clips for educational purposes, documentary films and noncommercial videos.
“Noncommercial videos are a powerful art form online, and many use short clips from popular movies,” McSherry said.
While these may be big changes in the legal relationship between tech companies and consumers, it won’t necessarily harm the business models of companies such as Apple.
“While jailbreaking your iPhone lets you install apps that haven’t been approved by Apple, and aids iPhone app piracy, it’s still not something that most people are going to do,” Dan Frommer wrote today on the Business Insider blog. “The advantages aren’t worth the hassle.”
Apple spokeswoman Natalie Kerris told The Associated Press today: “Apple’s goal has always been to ensure that our customers have a great experience with their iPhone, and we know that jailbreaking can severely degrade the experience.”
The copyright changes include three other exemptions to the Digital Millennium Copyright Act, allowing:



