The United States Copyright Office meets on occasion to debate exceptions to the Digital Millennium Copyright Act (DMCA). At the group’s latest meeting, several important exceptions to the act were carved out, and one of them should be of particular interest to iPhone, iPod touch and iPad owners: jailbreaking, the group found, does not violate the DMCA.
So what does this finding mean for users? Not much, actually. Its only real-world effect will be to help prevent Apple from taking legal action against providers of jailbreaking tools or those that aid in those tools’ dissemination. Apple can still continue to take steps to make jailbreaking difficult, including releasing software updates which nullify the jailbreak.
Yesterday, Apple replied to the Copyright Office action, stating that jailbreaking your device, while legally protected, will void its warranty. This is ridiculous, particularly when considering that taking your MacBook apart and adding new hardware doesn’t void its warranty. How can one argue that changing hardware doesn’t void a warranty, but installing software does? They can’t, really. But no argument needs to be made – the company can do as it pleases.
In the end, this is a minor win for consumers. But a win all the same. Companies will continue to hobble the technology their customers pay for as long as it is tolerated. And in this practice, Apple may be one of the most prominent offenders, but it is by no means alone.
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