Performance issues aside, Apple has registered its formal opposition to jailbreaking under the cloak of copyright, claiming the act is illegal under the Digital Millennium Copyright Act (DMCA). This claim has been disputed by the Electronic Frontier Foundation (EFF) and open source Web browser developer Mozilla, which has called Apple’s restrictions both harmful to innovation and an improper application of DMCA rules. Apple has thus far taken no legal action against users who jailbreak their phones, nor against any jailbreak-enablers, including the iPhone Dev Team, which has managed to jailbreak every iPhone OS update to date.
Meanwhile, the EFF and Mozilla have asked the U.S. Copyright Office for an exemption specifically permitting installation of legal apps on iPhones. The Office listened to arguments on both sides in a May 2009 hearing, but has missed its own October projection for a decision and has yet to issue its opinion.