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Originally Posted by CJ MAC OSX IPOD  The act of Jailbreaking is legal. |
The act of jailbreaking is neither legal nor illegal at this point, as there has not been a trial case to prove or disprove the legality of it. Jailbreaking in and of itself, and the fact that wireless/mobile carriers (and, hence, the FCC) are involved makes this an extremely complicated and delicate issue which can only be decided in a court.
The problem lies in the DMCA; specifically, about circumventing protection measures implemented to protect certain portions of the phone. Jailbreaking is interpreted by some to be in violation of this; others interpret it differently -- hence, the only way to determine legality of it is by trial, and none have happened yet.