Library of Congress Rules Jailbreaking iPads and Unlocking New iPhones Illegal

The U.S. Library of Congress has ruled that jailbreaking the iPad and unlocking iPhones purchased after January 2013 is no longer legal.

Jailbreaking iPhones is still allowed under exemptions to the DMCA that will be in effect for three years.


Computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset.

This exemption is a modification of the proponents’ proposal. It permits the circumvention of computer programs on mobile phones to enable interoperability of non-vendor- approved software applications (often referred to as “jailbreaking”), but does not apply to tablets – as had been requested by proponents – because the record did not support it.

Unlocking
In addition the new exemptions only allow for phones you already have, as well as those purchased before January, to be unlocked. Phones purchased after January 2013 can only be unlocked with the carrier's permission.

Computer programs, in the form of firmware or software, that enable a wireless telephone handset originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption to connect to a different wireless telecommunications network, if the operator of the wireless communications network to which the handset is locked has failed to unlock it within a reasonable period of time following a request by the owner of the wireless telephone handset, and when circumvention is initiated by the owner, an individual consumer, who is also the owner of the copy of the computer program in such wireless telephone handset, solely in order to connect to a different wireless telecommunications network, and such access to the network is authorized by the operator of the network.

This exemption is a modification of the proponents’ proposal. It permits the circumvention of computer programs on mobile phones to enable such mobile phones to connect to alternative networks (often referred to as “unlocking”), but with limited applicability. In order to align the exemption to current market realities, it applies only to mobile phones acquired prior to the effective date of the exemption or within 90 days thereafter.

PS3/Game Consoles
The Library of Congress rejected a proposed exemption that would allow for jailbreaking of game consoles.

Because the Register determined that the evidentiary record failed to support a finding that the inability to circumvent access controls on video game consoles has, or over the course of the next three years likely would have, a substantial adverse impact on the ability to make noninfringing uses, the Register declined to recommend the proposed class.


This is quite unfortunate news for those in the jailbreak and unlocking community. We'll keep you update with any more developments.

The full ruling can be found at the link below...

Read More [via ArsTechnica]