And the Register concluded that a jailbroken phone used “fewer than 50 bytes of code out of more than 8 million bytes, or approximately 1/160,000 of the copyrighted work as a whole. Where the alleged infringement consists of the making of an unauthorized derivative work, and the only modifications are so de minimis, the fact that iPhone users are using almost the entire iPhone firmware for the purpose for which it was provided to them by Apple undermines the significance” of Apple’s argument.
- from Apple loses big in DRM ruling: jailbreaks are “fair use” (ars technica)
