Copyright battle over iPhone jailbreaks
Nice piece from Saul Hansell in the Times around Apple’s copyright claims on iPhone jailbreaking. The Electronic Frontier Foundation, in a filing (PDF) with the Copyright Office, urged an exception to copyright law that would allow customers to jailbreak the iPhone. Apple responded (PDF), urging no exception.
Is it just a question of morality, of whether a company has the right to set the rules for how their product may be used? It might seem that EFF is advocating consumer revolt, that Apple shouldn’t be able to stop users from breaking its rules. But that’s not the issue, EFF’s Jennifer Granick tells Hansell. Apple can and does set the terms of iPhone use by contract.
The problem is that contract law would require Apple to sue users and prove they breached the license agreement, an expensive proposition. Copyright law is so much more convenient.
