U.S. Government to Explicitly Allow iPhone Jailbreaking [Updated x2]

114823 app store icon

The Associated Press briefly reports that the U.S. government has defined new rules that will permit users to "jailbreak" their iPhone and skirt Apple's App Store ecosystem to add unapproved third-party applications.

Owners of the iPhone will be able to break electronic locks on their devices in order to download applications that have not been approved by Apple. The government is making that legal under new rules announced Monday.

The decision to allow the practice commonly known as "jailbreaking" is one of a handful of new exemptions from a federal law that prohibits the circumvention of technical measures that control access to copyrighted works.

While it is not uncommon for users to jailbreak their devices, the practice is officially unsanctioned by Apple. The company maintains a support document outlining some of the issues users of jailbroken iOS devices may experience while also disclosing that Apple reserves the right to deny service for any such device due to the "unauthorized modification" being a violation of the license agreement. Under the new federal policies, it would appear that Apple is no longer permitted to deny service for such reasons under the Digital Millennium Copyright Act, although the company could likely still argue that the device's Terms of Use allow it to deny service.

Update: The Electronic Frontier Foundation (EFF) has posted a press release announcing the government's policy changes that came at the request of the EFF and has posted the full document (PDF) issued by the Copyright Office of the U.S. Library of Congress.

On balance, the Register concludes that when one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses. Case law and Congressional enactments reflect a judgment that interoperability is favored. The Register also finds that designating a class of works that would permit jailbreaking for purposes of interoperability will not adversely affect the market for or value of the copyrighted works to the copyright owner.

Update 2: Some observers have pointed out the the Library of Congress ruling today also addresses the issue of mobile phone unlocking, which involves moving a device to another wireless carrier for which support is not generally offered. Today's ruling only states, however, that copyright concerns can not be used to prohibit unlocking of mobile phones under the Digital Millennium Copyright Act. Carriers are still free to prevent unlocking in many circumstances and can pursue cases against individuals by citing breach of contract under the carriers' Terms of Service.

Related Forum: iPhone

Popular Stories

iPhone 15 Pro FineWoven

Apple Reportedly Stops Production of FineWoven Accessories

Sunday April 21, 2024 6:03 am PDT by
Apple has stopped production of FineWoven accessories, according to the Apple leaker and prototype collector known as "Kosutami." In a post on X (formerly Twitter), Kosutami explained that Apple has stopped production of FineWoven accessories due to its poor durability. The company may move to another non-leather material for its premium accessories in the future. Kosutami has revealed...
Provenance Emulator

PlayStation and SEGA Emulator for iPhone and Apple TV Coming to App Store [Updated]

Friday April 19, 2024 8:29 am PDT by
The lead developer of the multi-emulator app Provenance has told iMore that his team is working towards releasing the app on the App Store, but he did not provide a timeframe. Provenance is a frontend for many existing emulators, and it would allow iPhone and Apple TV users to emulate games released for a wide variety of classic game consoles, including the original PlayStation, GameCube, Wii,...
iOS 17 All New Features Thumb

iOS 17.5 Will Add These New Features to Your iPhone

Sunday April 21, 2024 3:00 am PDT by
The upcoming iOS 17.5 update for the iPhone includes only a few new user-facing features, but hidden code changes reveal some additional possibilities. Below, we have recapped everything new in the iOS 17.5 and iPadOS 17.5 beta so far. Web Distribution Starting with the second beta of iOS 17.5, eligible developers are able to distribute their iOS apps to iPhone users located in the EU...
apple vision pro orange

Apple Vision Pro Customer Interest Dying Down at Some Retail Stores

Monday April 22, 2024 2:12 am PDT by
Apple Vision Pro, Apple's $3,500 spatial computing device, appears to be following a pattern familiar to the AR/VR headset industry – initial enthusiasm giving way to a significant dip in sustained interest and usage. Since its debut in the U.S. in February 2024, excitement for the Apple Vision Pro has noticeably cooled, according to Bloomberg's Mark Gurman. Writing in his latest Power On...
top stories 20apr2024

Top Stories: Nintendo Emulators on App Store, Two New iOS 17 Features, and More

Saturday April 20, 2024 6:00 am PDT by
It was a big week for retro gaming fans, as iPhone users are starting to reap the rewards of Apple's recent change to allow retro game emulators on the App Store. This week also saw a new iOS 17.5 beta that will support web-based app distribution in the EU, the debut of the first hotels to allow for direct AirPlay streaming to room TVs, a fresh rumor about the impending iPad Air update, and...