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Register of Coprights Recommendations to Librarian of Congress

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In a setback to Apple's tight control over the iPhone, the Copyright Office has ruled that jailbreaking is not a violation of copyright law. Jailbreaking involves altering the software that controls an iPhone to allow the phone's owner to install applications that have not been approved by Apple and are not, therefore, available in Apple's App Store. After a process of public hearings and comment, including objections from Apple, the Copyright Office determined in strong terms that jailbreaking is a fair use under copyright law and worthy of an exception to the provisions of the Digital Millennium Copyright Act ("DMCA") that prohibit circumvention of technical measures that control access to copyrighted works. The Office also provided a separate exception allowing mobile users to unlock their phones to change their wireless carriers (e.g., from AT&T, which has been the exclusive carrier for the iPhone, to Verizon).

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