With the advent of modern smartphones, many users have sought to jailbreak their phones to allow them to use unauthorized code (such as controversial apps or services not officially allowed by hardware or service providers). Many also have sought unlock the SIM cards on phones, allowing them to be used on networks which the hardware providers do not officially have deals with.
Apple has long contended that unlocking and jailbreaking is illegal under the 1998 Digital Millennium Copyright Act. Apple claims that it supports a vast variety of evils including gangs, drug dealing, and terrorism. Other companies like Microsoft or Palm [now part of HP] have remained mum on the issue. And yet others -- like Google -- have been mildly supportive/tolerant of unlockers, while stopping short of providing the tools to unlock phones themselves (which might endanger their valuable carrier contracts).
Some expected the U.S. Supreme Court or further legislation by Congress would eventually tackle the issue. However, a surprising source appears to have, in essence, given unlockers and (phone) jailbreakers the legal green light -- the Library of Congress.
While not typically officially considered a part of the legislative branch, the Library of Congress is rather an independent research organization tasked with supporting Congress in a variety of ways, including legal research and preserving our nation's history.
[via Daily Tech]
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Usually the unlockers/jailbreakers seize the day, but occasionally Apple will win a round. Apple has tried many approaches -- everything from "bricking" unlocked iPhones to denying jailbroken iPhones access to the iTunes store -- to halt the spread of unlocking in the U.S. and force people to use AT&T, despite the hardware being capable of working on other carriers such as T-Mobile.
