Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works (Official Text)

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On July 26, 2010, the Library of Congress, which helps oversee copyright law, removed a legal cloud over altering or "jailbreaking" iPhones, iPads and iPods, which allows users to install and run software not purchased from Apple. The new rules, which will be found in 31 CFR Part 201, preclude Apple from actively preventing users from attempting to jailbreak their iPhones or other i-devices.

In an official statement, the Copyright Office said:

Section 1201(a)(1) of the copyright law requires that every three years I am to determine whether there are any classes of works that will be subject to exemptions from the statute’s prohibition against circumvention of technology that effectively controls access to a copyrighted work. I make that determination at the conclusion of a rulemaking proceeding conducted by the Register of Copyrights, who makes a recommendation to me. Based on that proceeding and the Register’s recommendation, I am to determine whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make noninfringing uses of those works. The classes of works that I designated in the previous proceeding expire at the end of the current proceeding unless proponents of a class prove their case once again.

The entire official statement is available at:

http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tyson B. Snow, Snow Litigation Group | Attorney Advertising

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