Library of Congress Rules Jailbreaking iPads and Unlocking New iPhones Illegal

Posted October 26, 2012 at 1:12am by iClarified | Please help us and submit a translation by clicking here | 62478 views

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]


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namedas - July 31, 2013 at 6:15am
The updated information is.....It is now legal to get our phones unlocked from third party unlocking services in U.S.Recently,I unlocked my iPhone.I had to travel outside my country and I had to unlock it very quickly.My network provider prolonged the unlock process...and luckily the amendment of unlocking phone made legal saved my time.I used the remote unlocking service from Onlinegsmunlock.com and removed the network lock very easily.They unlocked my phone within few hours....
MK5 - February 28, 2013 at 2:57pm
I was just refered to this webpage by Apple customer service, so the subject is certainly 'rattling a few cages' ;-)
SLIMJIM - January 25, 2013 at 8:40am
THIS IS SO FUKIN FAKE. SOME FUKTOID CREATED A FUKIN LITTLE SCARE TACTIC LIKE PEOPLE ACTUALLY GOING TO STOP JAILBREAKING..THOSE WHO COMMENT ABOUT LEAVING THE U.S FOR WHAT LACK OF JAILBREAKING..PLEASE DO? JAILBREAK IS TO ROOTING TO FUKTOIDS..
BOB V - November 12, 2012 at 8:06am
BHHHHAHAHAHA seriously??????????? every person who posted a comment on this articale should be kicked in the hind end and sent BACK TO SCHOOL!!!!!!!!!!! OMG the "U.S. Library of Congress" HAS NO JUDICIAL POWER, meaning they CAN NOT make rulings!!!!! The U.S. SUPREME COURT is the only entity that has the power to make any sort of "Final Ruling"..... BAHAHA so which one of you wants to buy some magic beans....
BOB V - November 12, 2012 at 8:10am
OH AND PS. the united states patent and copyright offices ARE NOT PART OF THE "U.S. Library of Congress"
OhNo - January 28, 2013 at 8:37pm
unfortunately, Congress granted the Librarian of Congress authority in 1998... Just like they granted the IRS the right to prosecute you for not paying your taxes... But, I could give a rat's ass. Once I buy it, it's mine. I will do what ever the hell I want to with it. Of course... I would never own an Apple product. Quite the evil coorporation... Pretending to not know how their shit is assembled - changing their design in the last minute and expecting thousands of humans to make millions of changes in 2 weeks time - only way it was possible was practically slave labor where mandatory 20 hour days 7 days a week is the choice of the employer/task master. Jobs once said his father told him to paint both sides of the fence even though no one will know the other side is not paited - except he would know. Trust me, he knew. Rest in hell Jobs. Glad you're gone.
steve jobs - November 5, 2012 at 5:25pm
That's is where CRAPPLE IS SPENDING IT'S MONEY, BUYING OUT THE GOVERNMENT TO RULE ON IT'S BEHALF, AND TO BUY THE DEV TEAM, INSTEAD OF HELPING THE PEOPLE OF THE EAST COAST(SANDY STORM) I HATE APPLE, CRAPPLE. NEVER BUY APPLE AGAIN. GREEDY MUTHERFUCKERS
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