April 22, 2024
Library of Congress Rules Jailbreaking iPads and Unlocking New iPhones Illegal

Library of Congress Rules Jailbreaking iPads and Unlocking New iPhones Illegal

Posted October 26, 2012 at 1:12am by iClarified
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.

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]

Library of Congress Rules Jailbreaking iPads and Unlocking New iPhones Illegal
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Comments (95)
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Kowboy - March 8, 2015 at 4:31am
tinyurl.com/on88x4j this link shows that congress themselves passed a law in October 26, 2012 that jailbreaks where considered illegal underneath the DMCA act for playstation 3 online gameing consoles and nothing is being done about it. They are people useing mods online to ruin the games for everyone and sony america will not stop them they are breaking the same law that is still in effect as of today. How can anyone stop them they are people running around invisible on the games that many people play all of those call of duty games are in ruin over hackers taking over on them and many other games they mod their way to success on it ruining game play for everyone that they choose they have illegal booters on the mods to kick anyone with their free will doing all kinds of crazy stuff on the game takeing advantage over other players that bought their game consoles and their games to play for online use. Sony needs fined over not removeing them they continue to let it keep growing while other company manufactures are making other video games no one is saying nothing about it and it continues to go on and on. I wish someone would speak up about it and stop sony america and make them quit allowing them to cheat the games. I told them suggestions how to stop jailbreaks and usb flash drives how to stop them on their network they will not speak up about it and they continue to let it slide they are people putting pornograph images of cartoon characters on their emblems that is pure sickling that I will not mention what they are actually placeing on their profile on this game is called black ops its the 7th part of call of duty they are children doing it and adults that has no manners at all and sony america will not do nothing about it, its activisions,treyarchs games activision they blocked me from a website of their's because I was telling them about those hackers and told them to remove them im getting fed up with people useing mods against me and other players takeing over on those games. It seems like as many times as they compromised people they would not be no hackers on these games people go ahead and buy their games after they hit the shelves and after 2 weeks on each one of those games hackers come on them and ruin the leaderboards they just absolutely go crazy on this game doing things that other players cannot do on here are they any way to get in contact with these companies and make them stop allowing hackers to over run these games if they are not no way of stopping them then they might as well shut down the online servers and let everyone suffer from not being able to get on online any longer its unfair advantage for others that stands and pays out their money to buy a game people buys extension map packs for this game when they come out they like to make that money but not supporting their online services to enjoy it and then others knowing that sony america or the other companies that runs these games will not do nothing about it. They need fined over not supporting their games and removeing these illegal acts. I wished someone would step up and say something about it. Many people are fed up the way these games are they put their money in these games and excepted to play a fair game online but all of us has been lied too and compromised by them saying they wouldn't be no more hackers they lied to sale us games and they are continuely doing it as of this day. Every call of duty game that comes out its over run by hackers cheating honest players out of their fun and money. I want to see it stopped and those hackers removed from online. People that hacks the game knowing its illegal they need fined for it.
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' ;-)
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"
Chomerly - October 30, 2012 at 3:23pm
As far as I'm aware there is a jailbreak for the iPhone 5. Would I have an iPhone 5? Not sure. Especially after the quality and cosmetic issues I had with the one that I pre-ordered that was sent by my network provider. I think the 5 is old hat now. It is a slightly faster, and larger version of the 4s. Not worth the upgrade in my opinion.
dark_destroyer - October 28, 2012 at 11:32pm
Without the jailbreak there's no way I would buy a iPhone as there boring as fuck, I'm not buying a iPhone 5 till there's a proper jailbreak!!
Timmy - October 28, 2012 at 10:04pm
The jailbreak community is dead anyway. No one's working on an iOS 6 JB for iPhone 5. It's a shame.
ed - October 28, 2012 at 8:12pm
Library of Congress must be a big fan of windows phone and Android Devices.... they know this would be the downfall of Apple iDevices thats why they made this rulings.... Bravo
Funzies17 - October 28, 2012 at 7:31pm
When they making jailbreaking illegal across the board, I'm sure pigs will fly.
BRIKZ - October 28, 2012 at 2:27pm
Library of Congress obviously bought and paid for by Apple
mhtee - January 8, 2013 at 12:05am
Hahaha! R u freakin kidding me. Go and read the document. It is not only for apple devices. It is for all phones and all tablets. Means u may not root your tablet if the bootloader is not unlocked. and you cannot unlock any smartphone without permission from the carrier. This is BS. DMCA needs to know the market
813 - October 28, 2012 at 12:29pm
Like a Car. Is it illegal to modify my car?
Dave - October 28, 2012 at 4:18am
Why ONLY IPAD and IPHONE and NOT ANDRIOD? What kind of law is this and how is it fair? Government should focus on the economy not this.
Sami - October 27, 2012 at 8:14pm
So why isnt rooting also listed in this "law"?
ccc - October 27, 2012 at 7:16pm
This is a stupid article. Where in the Constitution is the Library of Congress endowed with the right to create law? They may declare it illegal for their own purposes but that has nothing to do with the law of the land.
Mark - October 27, 2012 at 6:00pm
That's gonna affect their sales cause most of their customers are jailbreakers and jailbreak is what makes Apple devices special and fun, without jb it's just gonna turn just like the other prodigiously boring stock phones out there.
iOrange - October 27, 2012 at 3:40pm
My iPhone need jailbreak for MMS because apple can't do it. They just money hungry remember Steve Jobs death can't bring all the money.
Tim234 - October 27, 2012 at 5:40am
I know, why bother with software unlocks when there are ways to officially unlock most phones, not just iPhones.
JeffreyLee4Free - October 27, 2012 at 3:48am
How can we change this? Seriously!!! Does anyone know what needs to happen? I figure we need to create an awareness of what's going on and how to change things, but does anyone know the actual actions needed to take place? I'm in the media/tech marketing industry and would love to help create an awareness, but I need other people who know what kind of legal action or protest we can start taking. Message me on twitter @JeffreyLee4Free
Jailbreak - October 27, 2012 at 3:42am
What next??? This is screwed up. Anyway Apple will feel the pain in the end if they don't open up their os. After seeing this latest releases they are going in every direction without jobs. Everything that goes up must come down!
Ángel - November 8, 2012 at 7:51pm
Ali - December 20, 2012 at 3:48am
Dan - October 27, 2012 at 2:20am
Library of congress go focus on the real issues in our country!
Keith - October 27, 2012 at 1:52am
I paid for the device with my money. Therefore, I will do whatever the I want to do with it. Instead of trying to always make laws to strip more of our freedoms away, about you focus your attention on the issues concerning our economy and fix that.
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