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Apps Unchained: Copyright ruling legalizes smartphone ‘jailbreaks’

July 27, 2010 by  
Filed under 1st Amendment News, Uncategorized

How smart is your smartphone?  Until yesterday your phone’s IQ was decided by the manufacturer (i.e., Apple) and/or wireless service provider (i.e., AT&T).  Monday the Library of Congress, responsible for making copyright decisions under the Digital Millennium Copyright Act, made it legal to break the restrictions coded into smartphones–such as which apps you’re allowed to install.  It was a surprising move and one that Apple not surprisingly opposed given that the ruling ends Apple’s absolutely authority over which apps are accepted to the App Store,  previously the only source for iPhone apps.  Brandon Bailey reports on Apple’s objections in his story on the new ruling at Mercurynews.com:

In a legal filing submitted to the government last year, Apple attorneys argued that jailbreaking modifications can interfere with the proper operation of the iPhone, leaving it vulnerable to crashes and malware. Apple also said jailbreaking could give hackers access to the network operated by AT&T, which has exclusive rights to provide wireless service for the iPhone in the United States.

AT&T declined to comment Monday.

Supporters of the ruling, however, argued that those concerns are not the province of copyright law. Legal experts also said the ruling doesn’t preclude Apple — or any other phone manufacturer — from taking steps to discourage jailbreaking, such as declaring the warranty void if a product’s software is altered, or issuing software updates that override a consumer’s modifications.  (Read More)

Posted: 07/26/2010 03:57:51 PM PDT

Updated: 07/27/2010 05:21:19 AM PDT

Copyright © 2010 – San Jose Mercury News

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