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The lawsuit has been
ongoing since August, but it is heating up after Apple amended its lawsuit in late December with a Digital Millennium Copyright Act (DMCA) filing, suggesting the Cupertino company believes jailbreaking is a violation of the DMCA. Corellium, says Apple, facilitates jailbreaking through its software.
...
This isn't quite accurate. Apple's December 27th filing doesn't suggest that the company believes jailbreaking is a violation of the DMCA. Rather, the filing suggests that the company believes that trafficking in tools which are designed to facilitate jailbreaking is a violation of the DMCA. On that point I think Apple would be right.
The so-called jailbreaking exemption which the Librarian of Congress has adopted applies to (otherwise would-be) violations of 17 USC §1201(a)(1). In adopting that exemption the Librarian of Congress has been clear in that it doesn't have authority to adopt exemptions from violations of §1201(a)(2) or §1201(b).
That means there's an exemption from the prohibition on "circumvent[ing] a technological measure that effectively controls access to" a copyrighted work. That exemption would, under many circumstances, protect jailbreaking.
But there isn't an exemption from the prohibition on "manufacturer[ing], import[ing], offer[ing] to the public, provid[ing], or otherwise traffic[king] in any technology, product, service, device, component, or part thereof, that... is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to" a copyrighted work. (There are other related violations, for which there isn't an exemption, that I won't get lost in.) In other words, there isn't an exemption for providing tools designed to facilitate jailbreaking. That is what Apple is accusing Corellium of - violations of §1201(a)(2) and §1201(b), not §1201(a)(1).
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note: "legal to jailbreak in United States" Apple has not read the DMCA laws lately. It may be against the EULA, but the EULA is not law.. its only the service you use which says.
Apple isn't, in the amended complaint referred to in the OP, asserting that jailbreaking is a violation of the DMCA. It's asserting that trafficking in tools designed to facilitate jailbreaking is a violation of the DMCA.
There's an applicable exemption (adopted by the Librarian of Congress, in accordance with the DMCA) from 17 USC §1201(a)(1). But there isn't a similar exemption from 17 USC §1201(a)(2) and 17 USC §1201(b). In other words, generally speaking, it isn't illegal to jailbreak but it is illegal to provide tools designed to facilitate jailbreaking.