With the recent surge in downloads for the newest Apple iOS jailbreak, Absinthe, we can’t help but be grateful that not only is jailbreaking possible, but that it is fully legal to do so (though it may, of course, void your warranty).
Jailbreaking was once a major gray area not so long ago, and it stayed that way until a court decision was made ruling that the act was actually fully legal so long as it didn’t directly infringe on any copyrights.
While you would think this ruling would forever lay to rest the question of legality regarding a jailbreak, it might not be that simple in reality.
The Electronic Frontier Foundation (EFF) have begun lobbying for users to add their electronic voice to a petition which aims to ask the United States government to declare once again that jailbreaking an iPhone does not violate the DMCA. The EFF are also asking for this initial exemption — which is set to expire — to be extended to cover tablet devices as the Apple’s iPad. Right now, though very similar to the iPhone, it isn’t actually part of the current ruling as it stands.
One very well known iOS developer, Charlie Miller, is an advocate for voicing a change that will redefine the DMCA ruling and add even further credence to the right for users to jailbreak their device.
Not everyone feels this way, and many believe that you shouldn’t be worried as the current ruling should be permanent, and no further action is required.
Miller has been quick to point out that the exemption could expire, making sure that jailbreaking remains legal is very important.
If you wish to lend your voice to the cause and help ensure that, now and forever, jailbreaking remains legal, go to the Electronic Frontier Foundation website and send a comment to the Copyrights Office using the links provided. All comments must be received by February 10th at 5PM Eastern Time.[ source ]