Via The New York Times; Unofficial Software Incurs Apple's Wrath:
"Jailbreaking is different from unlocking an iPhone, in which users modify the software so the phone can be used on unauthorized wireless carriers...
But according to Apple, jailbreaking is illegal and a breach of the Digital Millennium Copyright Act...
In a legal filing with the United States Copyright Office last year, Apple says jailbroken iPhones rely on modified versions of Apple’s operating software that infringe on its copyrights.
In addition, the company says jailbreaking encourages the piracy of approved iPhone applications and is an expensive burden...
Apple filed its brief in response to the Electronic Frontier Foundation’s request that the copyright office recognize an exemption to the digital copyright act that would permit jailbreaking of iPhones and other devices. The copyright office is expected to rule on the issue by October.
Jailbreaking your own iPhone does not infringe on any copyright, and the tools that help iPhone owners modify their devices do not distribute anything that belongs to Apple, said Fred von Lohmann, a senior staff lawyer with the Electronic Frontier Foundation, a nonprofit group that advocates more openness on the Internet. “In our view, consumers are allowed to adapt software for their own personal use,” he said."
http://www.nytimes.com/2009/05/13/technology/13jailbreak.html?pagewanted=1&sq=copyright&st=cse&scp=5
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