The Electronic Frontier Foundation (EFF) has asked the US Copyright Office to exempt jailbreaking devices such as the iPhone and PS3 from enforcement under the Digital Millennium Copyright Act (DMCA).
"The DMCA is supposed to block copyright infringement. But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property," said EFF Intellectual Property Director Corynne McSherry said in a November 30 statement. "Hobbyists and tinkerers who want to modify their phones or video game consoles to run software programs of their choice deserve protection under the law. So do artists and critics who use short excerpts of video content to create new works of commentary and criticism. Copyright law shouldn't be stifling such uses – it should be encouraging them."
The EFF said that the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley, and the Organization for Transformative Works helped them draft the request. The Copyright Office will hold hearings on the proposed DMCA exemptions in spring 2012, with a final rulemaking order expected in October 2012.
You can check out the full exemption request that the EFF filed here (PDF).