Internet and e-mail policy and practice
including Notes on Internet E-mail


2010
Months
Jul

Click the comments link on any story to see comments or add your own.


Subscribe to this blog


RSS feed

Add to My Yahoo!

Subscribe with Bloglines

Subscribe in NewsGator Online



[Valid RSS]

Home :: Copyright Law


27 Jul 2010

It's legal to jailbreak your iPhone, sort of Copyright Law

Recent fairly breathless news coverage has said that the US government has said it's legal to jailbreak your iPhone. That's somewhat correct but the reality is, as usual, somewhat more complex.

In 1998, section 103 of the Digital Millennium Copyright Act (DMCA) made it illegal to circumvent copy protection software. But it also said that every three years the Register of Copyrights will look at situations where copy protection interferes with non-infringing use of material, and publish what's essentially a list of exceptions, permitted copy protection cracks.

This year's list includes jail-breaking your phone for the purpose of running programs you've legally obtained, or for connecting to another legitimate network. This is entirely reasonable since copyright is limited to restrictions on making copies of material, not what you can do with it, and copyright says nothing about what phones can be used with what software, or on what network.

The list also has some other exceptions of more or less interest. Cracking DVDs to use snippets in news reports is another exception. You can crack videogames to test for security flaws, crack copy protection dongle code if nobody sells the dongle any more, and crack ebooks for use with screen readers if there's no version of the book that already allows screen reading.

This does not affect any contracts you may have agreed to when you bought or activated your iPhone, but it does mean that if you bought one without a contract (on eBay perhaps), and you want to use it on a network other than the one it was programmed for, you can do what you need to in order to make it work.

Some European countries forbid locking phones to networks. This means you don't get free phones, since the network can't make up the cost by forcing you to use their service, but it also means networks are a lot more competitive since it's easier to switch. Since you end up paying for the "free" phone anyway over the course of a contract, I much prefer the flexibility to pick the network that offers what I want.


posted at: 22:58 :: permanent link to this entry :: 0 comments

comments...        (Jump to the end to add your own comment)

Add your comment...

Note: all comments require an email address to send a confirmation to verify that it was posted by a person and not a spambot. Your email won't be displayed unless you check the box below, and won't be used for other purposes.

 
Name:
Email: you@wherever (required, for confirmation)
Title: (optional)
Comments:
Show my Email address
Save my Name and Email for next time

Topics


My other sites

Who is this guy?

Airline ticket info

Taughannock Networks

Other blogs

CAUCE
The AARP Are Spamming Again
24 days ago

Box of Meat
RIP JD Falk
79 days ago

A keen grasp of the obvious
Tourtière around the world
30 days ago

Related sites

Coalition Against Unsolicited Commercial E-mail

IRTF Anti-Spam Research Group

Network Abuse Clearinghouse



© 2005-2011 John R. Levine.
CAN SPAM address harvesting notice: the operator of this website will not give, sell, or otherwise transfer addresses maintained by this website to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages.