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Re:Apple’s WWDC-Closing ‘Fuck You’ to iPhone Developers by GHFigs on Tuesday June 16, 2009 @02:02PM (#660581)
If you read the actual filings instead of EFF's press releases, as I have, I believe you'll find the EFF's characterization to be misleading. They can be found here: http://www.copyright.gov/1201/2008/responses/

Jailbreaking per se is not illegal. Violating copyright to do so is. The EFF filed for a DMCA exemption which would allow violating the DMCA for the purposes of jailbreaking, primarily of iPhones. The EFF is the one attempting to lay legal groundwork by changing the law -- what they propose is currently illegal. Apple's filing is only a response to the EFF's comments.

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