He got off because there's currently a D.M.C.A. anticircumvention exemption for cell phones to make them compatible with apps. Keep in mind that the DMCA anticircumventions are only effective for a period of three years before statutory exemptions are to be suggested by the head copyright clerk. If the 'running apps on phones' exemption isn't renewed, it's possible Mr. Comex's career with apple might be a rather short one if he was really 'hired to not jailbreak' so to speak
I wouldn't be too worried about the state of jailbreaking either way. Even a relatively powerful company like Apple only has so many employees and so few funds to fend off the 6.75 billion other people in the world. D.R.M. really can't work in this interconnected day 'n age because somebody's going to figure out the trick to pick the lock some way, somehow.
Ahh, ok. Well, I suppose my question pertains to what if DCMA were allowed to apply to jailbreaking? (if I understand the legal issues surrounding this correct)
I'm not sure entirely since I'm not a lawyer but I do take an interest in law and here's a general idea to the best of my understanding:
If the case ever made it to court, jailbreaking
might be ruled legal if it's not considered "a technological measure that effectively controls access to a work protected under this title" in the courts for some extremely technical reason. However since jailbreaking can enable piracy in ways that might otherwise not occur, I'm going to assume it does constitute a violation:
In this event, just for jailbreaking, he'd be found in violation of title 17, chapter 12 section 1201-1202 and held liable for willful infringement of copyright under chapter 5 in the order of $30,000-150,000 worth of civil damages to Apple per act of infringement. Whether this is per cracked device or per cracked devised I'm not quite certain
The donation button could be construed as acting as personal financial gain opening him up to criminal charges, meaning the damages for the first act of infringement could be raised to $500,000 and more importantly up to 5 years of jail time under Title 17 chapter 12 section 1204. For repeat offenses you double those numbers.
Sony should've sued the pants off of Geohotz, since there isn't currently an anticircumvention provision for game consoles. However Apple may've made the right move if they can convince Comex to take down his page if they feel 2012 isn't coming fast enough and want to pressure him to take down the page, disclose security gaps and close them shut tight.
I'll edit this post with citations when the library of congress puts copyright.gov back up. I could use Cornell Law School's site which I'm using for reference right now but I'd rather not since it just doesn't have the same sense of authority or completeness of a url ending in a .gov top-level domain.
