re US Jailbreaking of phones now legal?

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Jonathan Ezor <jezor () tourolaw edu>
> Date: July 26, 2010 2:29:53 PM EDT
> To: dave () farber net
> Subject: RE: [IP] US Jailbreaking of phones now legal?

> People should not over-read the Copyright Office’s rules, available at http://www.copyright.gov/1201/. They do not 
> invalidate user agreements, nor do they suddenly permit the distribution of jailbreaking and other circumvention 
> tools. The activities actually now deemed not to be “circumvention” include “noninfringing uses” of:
>
>  
>
> (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.
>
> There are a lot of qualifiers up there. This new ruling may make it a little less hazardous to explore operating 
> systems, but doesn’t drastically alter the closed nature of iOS and similar platforms. {Jonathan}
>
>  
>
> -------------------
> Prof. Jonathan I. Ezor
> Assistant Professor of Law and Technology
> Director, Institute for Business, Law and Technology (IBLT)
> Touro Law Center
> 225 Eastview Drive, Central Islip, NY  11722
> Direct: 631-761-7119  Fax: 516-977-3001
> e-mail: jezor () tourolaw edu  
>
> Skype: jonathanezor     Twitter: profjonathan
> E-book on smartphone/laptop legal risk: http://www.mobilerisk.com
>
>  
>
> From: Dave Farber [mailto:dave () farber net] 
> Sent: Monday, July 26, 2010 2:16 PM
> To: ip
> Subject: [IP] US Jailbreaking of phones now legal?
>
>  
>
>
>
>
> Begin forwarded message:
>
> From: Abe Singer <abe () oyvay nu>
> Date: July 26, 2010 1:48:35 PM EDT
> To: Dave Farber <dave () farber net>
> Subject: US Jailbreaking of phones now legal?
>
> For IP if you like...
>
> I was unaware that the Library of Congress had such authority...
>
> Note also that in addition to the headline of allowing jailbreaking, new
> rules issued explicitly allow fair-use breaking of DVD copy protection.
>
> "The U.S. government on Monday announced new rules that make it officially
> legal for iPhone owners to "jailbreak" their device and run unauthorized
> third-party applications. In addition, it is now acceptable to unlock
> any cell phone for use on multiple carriers."
>
> http://www.appleinsider.com/articles/10/07/26/us_government_legalizes_iphone_jailbreaking_for_unauthorized_apps.html
>
>
> -- and --
>
> http://news.yahoo.com/s/ap/20100726/ap_on_hi_te/us_tec_digital_copyright
>
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