Today’s adjustment of the DMCA has far-reaching legal implications, which will only be evident after a few weeks, months, or even years as various parties exploit them however they can. I’m going to let the experts play in that sandbox. But one of the new rules seems to have had a specific target in mind: Apple. To wit:
(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.The language is a bit confusing, but the end result is the legalization of jailbreaking your phone and side-loading apps. Not that it was ever illegal, although some Apple store employees thought otherwise. Now that it’s been made official, however, one might reasonably expect a bit of give from Apple on this point, since they have taken such great measures to prevent such actions. But I’m pretty sure that apart from a little lip service, Apple will continue with the exact same policies, with the sort of blithe arrogance that simultaneously compels and repels consumers.
From a legal standpoint, it seems pretty clear that this ruling and Apple’s prohibition of jailbreaking are actually non-overlapping. As I noted in my User’s Manifesto, the only real consequence of your jailbreaking your phone is annulling the license agreement you “signed” when you bought the iPhone — a private contract between a user and a company. The extent of the repercussions is that you’re cut off from Apple; this can be serious, as in the recent case of a guy who actually had a faulty iPad (it caught fire), but Apple refused to return it, as it had been jailbroken. Them’s the ropes, kid.
