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What is “Legal”

This is a brief follow-​​​​up to the pre­vi­ous post. There are some mis­lead­ing head­lines out there about the Librar­ian of Con­gress’ new DMCA anti-​​​​circumvention exemp­tions announced today. Here’s an exam­ple: iPhone jail­break­ing (and all cell phone unlock­ing) made legal There is con­fu­sion about what the word “legal” means. “Legal” in this con­text refers to acts that will not sub­ject the per­son who does them to civil or crim­i­nal lia­bil­ity. Today’s new rules only decrim­i­nal­ize cer­tain acts. Jail­break­ing your phone may still sub­ject you to civil lia­bil­ity. There­fore jail­break­ing has not been “made legal” as the head­line sug­gests. In fact, jail­break­ing is unam­bigu­ously [ . . . ]

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