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I didn't say anything about DRM. Why do you need to break DRM to hack a phone? To access and modify the copyrighted contents. i.e. "work protected under this title". This was covered to death in the last round of DMCA rulemaking.

The fact is that you don't have the right to infringe on Apple's copyright, but all existing jailbreak software does exactly that. If you were to hack your phone without infringing on Apple's copyright, they wouldn't have a legal leg to stand on, because as I said, hacking your phone is not illegal.



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