DMCA jailbreak exemption set to expire, EFF asks for your help to get it renewed and expanded

The EFF (Electronic Frontier Foundation) is asking for your help to tell the U.S. Copyright Office that jailbreaking does not violate the DMCA (Digital Millennium Copyright Act), and its exemption should be continued and expanded.

In 2010, the Copyright Office said jailbreaking smartphones doesn’t violate the DMCA. This year, we’re asking them to renew that exemption (otherwise it will expire) and expand it to cover tablets. We’re also asking for a new exemption to allow jailbreaking of video game consoles.

The Library of Congress added the exception for jailbreak to the DMCA in July of 2010. Specifically:

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.

However, jailbreak was declared as an exclusion from the DMCA, and protection wasn't actually hard coded into the act. That means the declaration could ultimately expire and leave jailbreakers subject to legal penalties.

If you'd like to help ensure this never happens, the EFF has advised you submit your opinion in comment form to the Copyright Office, and even offer a submission template with comment suggestions for your convenience. Comments are due by February 10th at 5PM, so make sure you submit your comments soon!

Souce: EFF

Andrew Wray

Andrew Wray is a Salt Lake City, Utah based writer who focuses on news, how-tos, and jailbreak. Andrew also enjoys running, spending time with his daughter, and jamming out on his guitar. He works in a management position for Unisys Technical Services, a subsidiary of Unisys Corporation.

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There are 10 comments. Add yours.

Felipe Restrepo says:

Help us to keep Jailbrake a right of Smartphone owners
That can do anything with their phones, because they have paid for them
A very high price

Piper says:

My only disagreement with this is that while you do own the phone, you do not own the software. You have a license to use the software & sign an agreement that prohibits you from mosifying said sofware. It's no different than any other operating system.

Dev says:

Incorrect.
I did not sign any agreement with Apple when I purchased my iPhone, and neither did you. There are click-through EULAs, but they were not presented before the point of purchase, and the courts have been split, at best, about whether those are valid.

Dl Betty says:

Not if you have an IPHONE3gs or unless the contract with your carrier is up, the Iphone 4s price to start with includes the 2 year contract so unless you've paid it off you're taking a big risk if you brick it or worse I think.

Dev says:

It is telling that freedom is opt-in, not opt-out.

Seth says:

My feeling goes along with the exception added by the Library of Congress...
"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"
There is no reason to limit what someone can do with their purchase as long as in doing so their reasoning is not just to circumvent the system of paying for software. If the software is obtained legally and said software is legal, there should be no reason why it shouldnt be allowed.

kingweb says:

Like it really matters. Either way, jailbreaking will continue.

LaithYasin says:

where can i get the wallpapers on both the ipad and the iphone in this picture? please i think i want them so bad

Maria says:

deja de mterte a jour ton iphone en ios 5je ne l avais pas fait avant donc c est pour ca que je me suis retrouver avec le logo

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