• Home
  • Apple News
  • Jailbreak News
  • Android News
  • Wallpapers
  • Deals

iJailbreak | Jailbreak And iOS News

iJailbreak is an online resource for jailbreak and unlock iPhone, iPad, iPod Touch, Apple TV and iOS news.

  • How To Jailbreak
    • Cydia Installer: Everything You Need To Know
    • What Is Jailbreaking? Why Should I Jailbreak?
    • Untethered vs Tethered vs SemiTethered Jailbreak
  • Jailbreak Software Tools
    • PP Jailbreak
    • TaiG
    • Pangu
    • Evasi0n (Evasi0n7)
    • Absinthe
    • JailbreakMe.com
    • RedSn0w
    • GreenPois0n
    • Sn0wBreeze
    • PwnageTool
    • LimeRa1n
    • Spirit
    • BlackRa1n
    • Seas0nPass
    • Developers
  • How To Unlock
  • How To Downgrade
    • How To Save SHSH Blobs
    • TinyUmbrella
    • iFaith
    • F0recast
  • Cydia Tweaks
    • Top / Best Cydia Tweaks
    • Best Cydia Sources
    • Siri Cydia Tweaks, Hacks, Mods
    • Spire Proxy Host List
  • How To Root
    • Top / Best Custom ROMs
  • Downloads

The DMCA Have Concluded That Jailbreaking Smartphones Is Legal, But Jailbreaking Tablets And Unlocking Smartphones Is Not

October 25, 2012 by Jaden Easton-Ellett 6 Comments

The Digital Millennium Copyright was introduced to essentially make it illegal for people to bypass digital rights management schemes. After passing the DMCA in 1998 however, Congress gave the Librarian of Congress the power to grant certain exemptions, which will be in force for three years.

DMCA Find Jailbreaking Smartphones Legal, Tablets And Unlocking Not

Jailbreaking, as well as unlocking smartphones has been on the list of these exemptions since 2010, but this year both exemptions expire and as such the DMCA revisited the topic. This is why we told you to take action and let the DMCA know you want Jailbreaking to stay legal.

Arstechnica has the results of the DMCA’s final decision and it is less than ideal to say the least.

The new batch of exemptions illustrate the fundamentally arbitrary nature of the DMCA’s exemption process. For the next three years, you’ll be allowed to jailbreak smartphones but not tablet computers. You’ll be able to unlock phones purchased before January 2013 but not phones purchased after that.

The DMCA has decided that Jailbreaking smartphones will remain legal, but as for tablets, this is a different story. The Librarian “found significant merit to the opposition’s concerns that this aspect of the proposed class was broad and ill-defined, as a wide range of devices might be considered ‘tablets,’ notwithstanding the significant distinctions among them in terms of the way they operate, their intended purposes, and the nature of the applications they can accommodate. For example, an e-book reading device might be considered a ‘tablet,’ as might a handheld video game device or a laptop computer.” So, essentially the DMCA could not make Jailbreaking tablets legal because the definition of a tablet was too broad.

As for unlocking, you indeed read right. The DMCA has reverted on its previous stance of permitting users to unlock their phones to take them to a new carrier (examples of this include using software like UltraSn0w to unlock an iPhone and then taking it to another carrier). This exemption will mean phones purchases after January 2013 can only be legally unlocked with the carrier’s permission. A phone that you are currently in possession of, or a phone you purchase between now and next January, can be still legally unlocked.

The reason why the DMCA reverted on its stance of unlocking is because of two key factors. The first has to do with a 2010 ruling that states when you purchase software, you don’t actually own it. Rather, you merely license it according to the terms of the End User License Agreement. The second is because there are more unlocked phones on the market than there ever has been, and most wireless carriers have liberal policies for unlocking their handsets.

Apple iPhone 5 Poll

MuscleNerd tweeted the bad news earlier today and it was obvious he was disappointed by the DMCA’s rulings. There is absolutely no logical reason why Jailbreaking an iPhone should be legal, but Jailbreaking an iPad should not be. One must understand though that just because unlocking smartphones and Jailbreaking tablets did not become an exemption, it does not necessarily mean it is illegal. It just means that it is not protected.

If there is any good news that can come out of this, it is that in the DMCA ruling they stated “[we] did not demonstrate any significant relationship between jailbreaking and piracy“

Comments

  1. Hutfgjy says

    October 26, 2012 at 12:36 am

    So jailbreaking ipad is in the gray area? And what about ipod touch?

  2. Jaden Ellett says

    October 26, 2012 at 3:09 am

    Yeah basically the iPad is now a grey area. As for the iPod Touch, because it is not a smartphone I would also say it is in the grey area. Again, this does not mean illegal, but it is also not protected under the DMCA.

  3. iUser2012 says

    October 26, 2012 at 6:31 am

    These changes only remind me the immature nature of copyright claims and usage rights regarding the software. As for the “tablets” instead of defining what should be covered by the exemption mentioning broad user of a term does not look like the justification for the decision. According to this decision jailbreaking iPhone is OK but same action for iPad, same OS with less functionality due to lack of phone features, is not exempted. This sounds like contradiction to me.

  4. Logan says

    October 26, 2012 at 3:38 pm

    i bought my ipad so ill do whatever the hell i want with it.

  5. flapmio says

    October 29, 2012 at 10:09 am

    Exactly, what’s the point in paying ridiculous amounts of money for a product but then being told “you don’t own it”?

  6. Logan says

    November 12, 2012 at 4:52 pm

    I don’t know man I don’t know.

Leave a Reply

Your email address will not be published. Required fields are marked *

Read Our Most Recent Articles

Untethered iOS 12 Jailbreak Demoed by Ali Security
Untethered iOS 12 Jailbreak Demoed by Ali Security
iOS 12 Now Available for Download: Compatible Devices
iOS 12 Now Available for Download: Compatible Devices
iPhone X Discontinued, iPhone 8 and iPhone 7 Prices Slashed
iPhone X Discontinued, iPhone 8 and iPhone 7 Prices Slashed
Apple iPhone Xs, iPhone Xs Max, and iPhone Xr Announced
Apple iPhone Xs, iPhone Xs Max, and iPhone Xr Announced
Apple Watch Series 4 Announced With Larger Display, Louder Speaker, and More
Apple Watch Series 4 Announced With Larger Display, Louder Speaker, and More

Follow Our How To Guides

How To: One Click Root For HTC One X (AT&T And Rogers)
How To: One Click Root For HTC One X (AT&T And Rogers)
Here's How To Use Siri To Get Directions From Google Maps
Here's How To Use Siri To Get Directions From Google Maps
How To: Make iTunes 11 More Like iTunes 10.7, By Bringing Back The Sidebar And Status Bar
How To: Make iTunes 11 More Like iTunes 10.7, By Bringing Back The Sidebar And Status Bar
How To Create Free Ringtones For iPhone Using MAGIX Ringtone Maker
How To Create Free Ringtones For iPhone Using MAGIX Ringtone Maker
How To Use RedSn0w 0.9.12b1 To Restore SAM Unlock Activation Ticket
How To Use RedSn0w 0.9.12b1 To Restore SAM Unlock Activation Ticket
About | Contact | Advertise | RSS Feed | Sitemap | TOS | Privacy Policy

© Copyright 2010 - 2021 iJailbreak. All Rights Reserved.