Apple has taken its fight against pwnage to the US Copyright Office.
One month after we reported how the Electronic Frontier Foundation asked the USCO for an exception to the Digital Millennium Copyright Act on behalf of those who jailbreak their iPhones, Apple officially responded, maintaining that the very act of jailbreaking an iPhone constitutes copyright infringement.
The EFF has argued that fair-use doctrines protect jailbreaking; "the
culture of tinkering (or hacking, if you prefer) is an important part
of our innovation economy." Apple, in turn, maintains that the very act of pwnage, which performs (in their eyes) unauthorized modifications to the bootloader and OS, violate their copyright on same, resulting in the infringement of Apple's reproduction and derivative works rights. Additionally, the House of Jobs takes issue with the "tinkering" arguement, since the vast majority of jailbreaks are facilitated with automated systems like Cydia and the Devteam toolsets, which require no great programming skill on the part of the phone owner.
Whether or not Apple gets their way with the Copyright Office, there's certainly an anti-bootlegging/anti-officially-available-app sentiment floating through the developer community, with some coders toying with the idea of designing their app to recognize it's on a jailbroken phone — and refuse to work.