The US Copyright Office says that Smart Phone owners have the right to run whatever software they want in their phones. As result, Jailbreak is Fair Use!

Jailbreaking the iPad might void your Apple warranty and even your terms of service from AT&T, however 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, and brings the practices of independent software developers into the mainstream.

Copyright Office: iPad Jailbreak is Fair Use | The iPad Guide

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