Apple Fruitlessly Attempting To Stop Jailbreakers

Update: MuscleNerd has pointed out that the story is old, and the result of bad reporting by NBC.

That story quoted from p.12 of , which is very old and precedes the DMCA decision allowing JB + UL

A rather convoluted report by NBC claims that Apple is attempting to prevent users from both jailbreaking and unlocking their devices. GeoHot was recently sued by Sony for jailbreaking the PS3, so Apple may be taking this opportunity to pursue a similar claim.

“Current jailbreak technologies now in widespread use utilize unauthorized modifications to the copyrighted bootloader and operating system, resulting in the infringement of the copyrights in those programs,” Apple told the U.S. Copyright Office.

Apple may have missed the memo, but as of six months ago, both unlocking and jailbreaking have been deemed legal by the DMCA. Now, the law holds true for noninfringing uses, so users who download cracked software appear to be fair game for persecution. The only way to stop piracy is to stop jailbreaking—but due to DMCA’s exemption and the sheer tenacity of hackers, don’t expect that to happen anytime soon.

Relevant bits of the DMCA statement after the break.

DMCA Section 1201 Rules for Exemptions Regarding Circumvention of Access-Control Technologies

Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention.

(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.

[Mac Daily News]

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