A judge in a New Orleans-based 5th Circuit Appeals Court has ruled that the Digital Millennium Copyright Act's ban on breaking DRM only applies if you break DRM in order to violate copyright law.
The U.S. Federal Government said about Jailbreaking:
“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. Every three years, the Library of Congress authorizes such exemptions to ensure that existing law does not prevent non-infringing use of copyrighted material.”
Now Apple might been forced to accept every device with Jailbreaking since the EFF has won three DMCA exemptions (Digital Millennium Copyright Act).
Jailbreaking may be a new way in for apps rejected from the App Store and even a meeting point for developers with less means, but also it is a strong piracy resource for applications. Certainly, Apple will try to appeal or modify the law to keep stating that this practice as illegal.
Apart from allowing iPhone jailbreaking, there were announced other important exemptions:
-Allow college professors, and film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, comments and non-commercial videos.
-Allow people to break technical protections on video games to investigate or correct security flaws.
-Allow cell phone owners to break access control on their phones in order to switch wireless carriers.