Could breaking out of jail now be legal?

..... or stuff that you never knew the Librarian of Congress ever did.

Here's something I didn't know (don't say it - yeah, I should've known).  But when Congress passed the Digital Millenium Copyright Act (which, among other things, prohibited the circumvention of copyright protection mechanisms), it also granted the Copyright Office the power to exempt certain classes of copyrighted works from the prohibition. 

Well, today the Librarian of Congress (exactly how or why the Librarian of Congress is involved, I don't know) announced that he is accepting the recommendation of the Register of Copyrights to exempt six new classes.  A link to the official announcement can be found at the U.S. Copyright office website.

Given the widespread use of the iPhone, the exemption that may of the most interest is the second exemption, which is for:

"Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset."

That practice is commonly referred to as "jailbreaking".  With regard to the iPhone, that means unlocking the file system and adding apps without Apple's OK.  CNNTech has done a pretty good job of explaining the significance of the decision here.  Essentially, the new exemption removes the cloud of a DMCA claim against app developers.  However, it is important to note that the exemption does not leave Apple defenseless.  It still may have contractual and other statutory claims against app developers.

Anyway, an interesting development.  If any of you loyal readers have any deeper insight or comments, shoot me an email and I may update this news post.