IOS Jailbreaking - Legal Status

Legal Status

Jailbreaking a device involves circumventing its technological protection measures (in order to allow root access and running alternative software), so its legal status is affected by laws regarding circumvention of digital locks, such as laws protecting digital rights management (DRM) mechanisms. Many countries do not have such laws, and some countries have laws including exceptions for jailbreaking.

International treaties have influenced the development of laws affecting jailbreaking. The 1996 World Intellectual Property Organization (WIPO) Copyright Treaty requires nations party to the treaties to enact laws against DRM circumvention. The American implementation is the Digital Millennium Copyright Act (DMCA), which includes a process for establishing exemptions for non-copyright-infringing purposes such as jailbreaking. The 2001 European Copyright Directive implemented the treaty in Europe, requiring member states of the European Union to implement legal protections for technological protection measures. The Copyright Directive includes exceptions to allow breaking those measures for non-copyright-infringing purposes, such as jailbreaking to run alternative software, but member states vary on the implementation of the directive.

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