EFF: It is now legal for you to jailbreak your iPhone.

[Zolofto]

Android users, don't feel left out. This applies to us too! :D

[quote=EFF]
San Francisco - The Electronic Frontier Foundation (EFF) won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention provisions today, carving out new legal protections for consumers who modify their cell phones and artists who remix videos — people who, until now, could have been sued for their non-infringing or fair use activities.
"By granting all of EFF's applications, the Copyright Office and Librarian of Congress have taken three important steps today to mitigate some of the harms caused by the DMCA," said Jennifer Granick, EFF's Civil Liberties Director. "We are thrilled to have helped free jailbreakers, unlockers and vidders from this law's overbroad reach."
The exemptions were granted as part of a statutorily prescribed rulemaking process, conducted every three years to mitigate the danger the DMCA poses to legitimate, non-infringing uses of copyrighted materials. The DMCA prohibits "circumventing" digital rights management (DRM) and "other technical protection measures" used to control access to copyrighted works. While the DMCA still chills competition, free speech, and fair use, today's exemptions take unprecedented new strides towards protecting more consumers and artists from its extensive reach.
The first of EFF's three successful requests clarifies the legality of cell phone "jailbreaking" — software modifications that liberate iPhones and other handsets to run applications from sources other than those approved by the phone maker. More than a million iPhone owners are said to have "jailbroken" their handsets in order to change wireless providers or use applications obtained from sources other than Apple's own iTunes "App Store," and many more have expressed a desire to do so. But the threat of DMCA liability had previously endangered these customers and alternate applications stores.
In its reasoning in favor of EFF's jailbreaking exemption, the Copyright Office rejected Apple's claim that copyright law prevents people from installing unapproved programs on iPhones: "When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses."
"Copyright law has long held that making programs interoperable is fair use," confirmed Corynne McSherry, EFF's Senior Staff Attorney. "It's gratifying that the Copyright Office acknowledges this right and agrees that the anticircumvention laws should not interfere with interoperability."
EFF also won a groundbreaking new protection for video remix artists currently thriving on Internet sites like YouTube. The new rule holds that amateur creators do not violate the DMCA when they use short excerpts from DVDs in order to create new, noncommercial works for purposes of criticism or comment if they believe that circumvention is necessary to fulfill that purpose. Hollywood has historically taken the view that "ripping" DVDs is always a violation of the DMCA, no matter the purpose.
"Noncommercial videos are a powerful art form online, and many use short clips from popular movies. Finally the creative people that make those videos won't have to worry that they are breaking the law in the process, even though their works are clearly fair uses. That benefits everyone — from the artists themselves to those of us who enjoy watching the amazing works they create," added McSherry.
On EFF's request, the Librarian of Congress renewed a 2006 rule exempting cell phone unlocking so handsets can be used with other telecommunications carriers. Cell phone unlockers have been successfully sued under the DMCA, even though there is no copyright infringement involved in the unlocking. Digital locks on cell phones make it harder to resell, reuse, or recycle the handset, prompting EFF to ask for renewal of this rule on behalf of our clients, The Wireless Alliance, ReCellular and Flipswap. However, the 2009 rule has been modified so that it only applies to used mobile phones, not new ones.
"The Copyright Office recognizes that the primary purpose of the locks on cell phones is to bind customers to their existing networks, rather than to protect copyrights," said Granick. "The Copyright Office agrees with EFF that the DMCA shouldn't be used as a barrier to prevent people who purchase phones from keeping those phones when they change carriers. The DMCA also shouldn't be used to interfere with recyclers who want to extend the useful life of a handset."
Along with the exemptions that EFF championed, several other DMCA exemptions were expanded, granted or narrowed including one for documentary filmmakers and college-level educators, as well as some for security researchers.
[/quote]

Heres the actual law:
[quote=US Copyright Office]
The Librarian of Congress has announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) until the conclusion of the next rulemaking.
(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
[INDENT](i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.
[/INDENT](2) 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.
(3) Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network.
(4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
[INDENT](i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
(ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law.
[/INDENT](5) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace; and
(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.
[B]Background [/B]

The Copyright Office is conducting this rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.
The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention of access controls. This page contains links to published documents in this proceeding.
The [URL="http://www.copyright.gov/fedreg/2008/73fr58073.pdf"][COLOR=#0066cc]Notice of Inquiry[/COLOR][/URL] in this fourth anticircumvention rulemaking requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works.
The entire records of the previous anticircumvention rulemakings are available. The first rulemaking took place in [URL="http://www.copyright.gov/1201/anticirc.html"][COLOR=#0066cc]2000[/COLOR][/URL]. The second was in [URL="http://www.copyright.gov/1201/2003/index.html"][COLOR=#0066cc]2003[/COLOR][/URL]. The third was in [URL="http://www.copyright.gov/1201/2006/index.html"][COLOR=#0066cc]2006[/COLOR][/URL].
[/quote]

[URL="http://www.eff.org/press/archives/2010/07/26"]EFF Article[/URL]
[URL="http://www.copyright.gov/1201/"]Copyright Office on the Rulemaking[/URL]

I believe Jordguitar's article is closely similar, however that is in regards of breaking DRM. This is breaking propriatary bullshit thats enforced by companies such as iProprietary and Motorola.

Enjoy your / and your free from jail.

[Ronin]

Fantastic! Even though I don't think anyone took the law too seriously. Oh well, now I don't need to think about thinking of worrying.

[AutoTurret]

So it was illegal? Haha, that never stopped anyone.

[Deleted307904]

[QUOTE=BANNED USER;23647706]Fantastic! Even though I don't think anyone took the law too seriously. Oh well, now I don't need to think about thinking of worrying.[/QUOTE]

Yea, except that time that Apple bricked all the jailbroken phones.

[Zolofto]

[QUOTE=BANNED USER;23647706]Fantastic! Even though I don't think anyone took the law too seriously. Oh well, now I don't need to think about thinking of worrying.[/QUOTE]

It's illegal for both AT&T and Apple to restrict or prohibit the phone from jailbreaking/other roms. This is what I understand.
I know the iPhone4 was apparently under scrutiny for "checking up" on the phone to see if it was freed from jail. If they were, they apparently were faced with stronger issues. such as a blackout/bricking or something along those lines.

[Mobzor]

But we bought these devices, so surely we can do whatever the hell we want with it?

[that1dude24]

[QUOTE=Mobzor;23647791]But we bought these devices, so surely we can do whatever the hell we want with it?[/QUOTE]
The dmca says you can't. Which is why this is an important ruling.

[Zolofto]

[QUOTE=that1dude24;23647899]The dmca says you can't. Which is why this is an important ruling.[/QUOTE]
Till now! :D

[nikomo]

Apple: We have now bought the United States of America. Jailbreaking is now illegal. (thanks for buying out overpriced shit so we could buy the country)

[ExplodingGuy]

EFF, you outdo expectations once again.

We love you! [IMG]http://www.facepunch.com/fp/rating/heart.png[/IMG]

[Dr. Fishtastic]

Looks like those users just got their Get out of Jail Free cards

[hamsterjuice]

Is the warranty still void if you do it though?

[Zolofto]

[QUOTE=Hamsterjuice;23648745]Is the warranty still void if you do it though?[/QUOTE]

I wouldn't think otherwise. Took apple 3 months to finally start dishing out cash for the bumpers.

[Swilly]

[img]http://macleans.files.wordpress.com/2010/03/huzzah.jpg[/img]

[w 1 z]

[QUOTE=Hamsterjuice;23648745]Is the warranty still void if you do it though?[/QUOTE]

Itunes > iPod/iPhone > Restore. No trace of Jailbreak left.

Of course, that really only works if your phone or ipod is still functional and can connect to iTunes.

[ifaux]

Both Motorola (who have an eFuse chip in the Droid X, only allowing official firmware) and Apple can still make it harder and have protection software and/or hardware. And your warranty is still voided if you for some stupid reason bring in a jailbroken phone for repair. Nothing different, besides for the iPhone dev team and such, who can't be sued for their work now.

[slinkman]

now if only I knew how to jailbreak my ipod and have a reason for doing so...

Edit: If there is an app with Pokemon gold I'll do it right fucking now.

[Dr. Hax]

[QUOTE=slinkman;23649818]Edit: If there is an app with Pokemon gold I'll do it right fucking now.[/QUOTE]

Well, there is a Game Boy Color emulator.

[Epic Lul]

All I am going to say about this: SUCK IT APPLE AHAHAHAAHAHAH