Jailbroken: Future of Interoperability Exemptions Under the DMCA

, New York Law Journal


Michael S. Elkin and Thomas P. Lane, partners at Winston & Strawn, write the DMCA empowered the Librarian of Congress, upon the recommendation of the Register of Copyrights to grant limited, periodic exemptions to the law: The fifth and most recent set of exemptions, in effect for the next three years, contains one quirk that has generated significant interest in the intellectual property community: the Librarian opted to permit jailbreaking of smartphones but not of tablets.

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