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Post Tech: 'Jailbreaking' the iPhone
Changes in federal copyright laws will allow users of Apple's iPhone and other smart phones to lawfully download applications that aren't approved by the phone maker or carrier, according to the Library of Congress.
The practice, known as ... "jailbreaking" has been criticized by Apple and other firms, who say their mobile devices can become destabilized when users download unapproved software applications. Apple would not comment on whether it would sue the Library of Congress's copyright office for the changes made to the Digital Millennial Copyright Act announced Monday.
Those changes also allow a user to take their mobile phone from one carrier to another with the approval of their new service provider.
In a statement, Librarian of Congress James H. Billington said it reevaluates copyright laws every three years to ensure federal laws are keeping up with the way consumers use technology.
"The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, non-infringing ways," Billington said.
Apple argues that their approval process for applications that run on the iPhone has resulted in a better quality experience for phone users.
"We know that jailbreaking can severely degrade the experience," the company said in a statement. "As we've said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably."
Some critics, such as the Electronic Frontier Foundation, say users of Apple's popular smartphone want to be able to switch carriers or obtain applications that aren't in Apple's iTunes applications store. EFF filed a request to the Library of Congress for some of the changes. The organization argued that the closed iTunes model didn't protect copyrights but restricted consumer choice.
"The Copyright Office recognizes that the primary purpose of the locks on cell phones is to bind customers to their existing networks, rather than to protect copyrights," said Jennifer Granick, EFF's Civil Liberties Director. "The Copyright Office agrees with EFF that the DMCA shouldn't be used as a barrier to prevent people who purchase phones from keeping those phones when they change carriers. The DMCA also shouldn't be used to interfere with recyclers who want to extend the useful life of a handset."
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