This is big news and it’s a win for all jailbreakers who like to liberate there iDevices. Jailbreaking is now considered fair under the DMCA (Digital Millennium Copyright Act) thanks to a ruling yesterday started by the EFF (Electronics Frontier Foundation) around 18 months ago. The ruling effectively solves any conflict between copyright and fair use.

Apple has always been anti jailbreaking and insisted it was illegal however most users either were not aware that it may be illegal or not concerned. Either way the Library of congress has now ammended the DMCA that people can modify their handsets and install software from 3rd party sources for personal use.

This is a small excerpt from the EFF requests referring to jailbreaking and rooting phones:

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 doesn’t mean Apple is going to start selling iPhones or iPod touches pre-jailbroken, it does mean however the developers of the jailbreaking community and the users who jailbreak their devices cannot be prosecuted for doing so. However it will still void your warranty.

Exemptions to the DMCA ruling:

  • Unlocking mobile phones to change carriers
  • Cracking of video game digital rights management controls to probe security flaws
  • Documentary makers, professors and even students can decrypt DVDs to use the video for educational purpose and commentary
  • Visually challenged can circumvent locks on e-books to enable read-aloud features.
  • Bypassing of broken or irreplaceable dongles