iPad Jailbreak is Fair Use
iPad is particularly marketed for consumption of media such as books and periodicals, movies, music, and games, and for general web and e-mail access; with a 9.7-inch (25 cm) LED backlit multi-touch display and a pixel resolution of 1024×768 which make it perfect for watching HD movies, TV shows, podcasts, music videos, and more. Then, why so many people thinking about jailbreaking iPad at the risk of screwing it. Well, let's see:
Features not Allowed by iPad but Enabled through iPad Jailbreaking
1. Without jailbreaking iPad, you can't access OS files that are helpful to trouble shoot the problems. This is true even if you can easily access the comparable files in Mac OS X. More generally, there is no Finder-like app to access the iPad's contents. Although less critical to the average user, there is similarly no Terminal app.
2. Without jailbreaking iPad, bluetooth can't be used except for headsets and peer-to-peer games. Most notable thing is, even though file transfer is a well-supported option in Mac OS X for other mobile phones, bluetooth can't be used on iPad.
3. Without jailbreaking iPad, you can't attach iPad as an external drive on your Mac, either through USB or through wireless connection, while it is possible to attach an iPod nano or classic.
4. Without jailbreaking iPad, you are unable to have applications that try to add any characteristic that Apple has intentionally removed from the OS, such as folders on the Home screen or multitasking.
Copyright Office: iPad Jailbreak is Fair Use
Jailbreaking the iPad might void your Apple warranty and even your terms of service from AT&T, but there is no need to worry now. The US government has just ruled the practice legal under the Digital Millennium Copyright Act (DMCA). The exemption applies for three years until the next rulemaking review, bringing the practices of independent software developers into the mainstream.
Though Apple had been arguing that jailbreaking iPad is illegal under the DMCA, as copyright protections can be circumvented when an iPad is running unofficial modifications to its operating system or unsanctioned software applications, the US Copyright Office did not believe that the only reason for most consumers to jailbreak iPad is to pirate software and violate copyright law.
The ruling explains, "When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses." That's to say, when you buy the device, you have the right to run whatever software you like, no matter who developed the program.
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