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iPhone 4 Jailbreaking, Is It Fair? LOC Says Yes

If you are considering jail breaking that iPhone 4, it would seem that the general opinion of the Library of Congress is that it is fine you just go right ahead and go for it.

According to a recent article published by Chloe Albanesius over at pcmag.com the copyright office within the LOC have just ruled that the jail breaking of a Smartphone and in particular Apple’s iPhone is actually permissible under the Digital Millennium Copyright Acts fair use provisions.

The EFF (Electronic Frontier Foundation) had asked the Copyright Office to review the issue of jail breaking especially as it applies to the Apple iPhone. The EFF argued that some instances of jail breaking can actually be done within the scope of Apple’s License. Basically the iPhone owner is also the owner of the iPhone firmware and therefore jail breaking is quite simply a non commercial private use of the iPhone’s computer software.

Apple have quite obviously objected to the EFF’s proposal and have argued themselves that its policies are necessary to protect customers and also Apple from harm. They went on to also comment that modifying Apple‘s operating system also constitutes the creation of an infringing derivative work according to the Copyright Office. Now over to you is it fair or not? Please share your opinions and comments on this with us.

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