Smartphone Jailbreaking Deemed 'Fair Use'

[Maestro23]

http://gear.ign.com/articles/110/1108487p1.html

The process of bypassing a smartphone's operating software in order to use third-party software, more commonly known as jailbreaking, has been deemed to be fair use by the Library of Congress today, providing some element of legal protection for jailbreakers.

In a release announcing several changes to the Digital Millennium Copyright Act (DMCA), which is the basis of digital copyright law for everything from DVDs to videogames, the Library of Congress had this to say of smartphone software:

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.

Its important to note that the ruling does not offer any protection for users who unlock their phones in order to use pirated software, which is believed to be one of the foremost uses for jailbroken devices.

While some mobile platforms are more open to tweaks and software personalization, each have protections in place to prevent certain types of changes to be made, with Apple's iOS for the iPhone being amongst the strictest.

This latest ruling will allow users to jailbreak their device without fear of legal recourse, though the practice is discouraged due to the unstable nature of unauthorized software, and more importantly, because there are plenty of other actionable offenses associated with jailbreaking not mentioned specifically in the ruling.

Still, the determination by the Library of Congress is a noteworthy development in the realm of DRM law.

[MarkB]

Wow, a change in benefit of the consumer instead of "big business". Day to day, it won't change much - people would still have jailbroken their phone if they had a desire to, whether legal or not, but the ruling is a good step forward.

Now, if only we can get the rest of the DMCA repealed...

[Sean O]

20 thumbs up!

[angryrat]

next step, make it so you don't have to buy a certain phone with a certain carrier. That is the biggest joke, ever.

I can buy any television set and obtain any cable company I wish.

I can buy any computer and obtain any internet provider I wish.

I must buy from a select few phones from each carrier, and be subject to bloatware and add-ons against your will.... and hammered by costs if you ever have trouble with it.... joke.

[Sean O]

I can buy any television set and obtain any cable company I wish.

Unless you live somewhere very different from myself, this isn't true. I can decide between Evil Comcast and evil Verizon, and that's it. My apartment doesn't face the southern sky, so I can't get a dish.

I'm seriously considering getting an unlocked phone, rooting it and seeing what sort of a plan I can get.

[angryrat]

Sean, that is a little bit different. You do technically have the right to choose any television set and any service you wish.... though, due to crooked politics and dealings you are definitely limited on what service providers your area allows.

Chicago is a joke.