[QUOTE=Zeke129;28919226]An exception has already been made for smartphones so precedent exists.[/QUOTE]
The problem is the smartphone exemption didn't come in through case law, rather an exemption was made through a clause in the legislation. This means that there actually is no precedent, or at least binding precedent.
However, the problem here is that having an exemption for jailbreaking doesn't actually cause other areas of the DMCA to become void. This means that a jailbreaker cannot for instance, decrypt the encrypted PS OS software, automatically making it illegal, nor can they bypass any DRM methods.
There are problems that a simple exemption to the DMCA to not affect.
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