Apple is arguing that jailbreaking violates the Digital Millennium Copyright Act because jailbreaking depends on versions of Apple's copyrighted bootloader and operating system software that have been modified with out consent. This, Apple argues, results in infringement of the copyrights in that software.
Once again, this is a response to the EFF asking the Copyright Office to declare jailbreaking legal--right now its sort of a gray area, not explicitly illegal but not explicitly legal either.
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