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There are an assortment of technical barriers that limit my ability to convert my toaster into an ice-making toaster. Starting with those annoying screws which were clearly put there to prevent me from easily accessing the inside of my toaster!

That's not the manufacturers problem.

The govt has already declared that jail breaking your phone is legal.




> There are an assortment of technical barriers that limit my ability to convert my toaster into an ice-making toaster. Starting with those annoying screws which were clearly put there to prevent me from easily accessing the inside of my toaster!

That's a terrible argument to make in Apple's case:

http://www.techdirt.com/blog/wireless/articles/20110125/0207...

It wasn't accidental, necessary or even cheaper to make the iPhone require a jailbreak before you could install your own stuff, after all.

> The govt has already declared that jail breaking your phone is legal.

That's a very misleading way to put it.

I already explained why the Librarian of Congress' exemption for jailbreaking an iPhone is useless because they do not (and cannot) exempt anyone from the ban on trafficking in such tools.

You can read more about how the DMCA works here: http://www.freedom-to-tinker.com/blog/blakereid/new-dmca-exe...

Hopefully that will be enough that you can understand why the Librarian of Congress wrote, "Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201."

Source: http://www.copyright.gov/1201/2010/Librarian-of-Congress-120...

That's the statement in which the Librarian of Congress exempted people from the ban on circumvention (but not trafficking) things like iPhones. The specific phone exemption is exemption #2.

Now then, how does one jailbreak an iPhone legally if they're not allowed to make or distribute the means to do so?

If you read the Freedom to Tinker article, you'll remember that the DMCA says that you cannot "manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof" that is "primarily designed" to circumvent, has only "limited commercially significant" non-circumvention purposes, or is "marketed" for circumvention purposes.

That word "manufacture" is the sticky one, not that you can't run afoul of the others. Damn hard to circumvent things when you can neither make nor import the tools to do so.

The DMCA is one big catch-22. Claiming that the government has declared this legal is very dangerous. IANAL and you need proper legal advice before dealing with this stuff.

I solve it by not owning an iPhone in the first place.




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