If you read the actual filings instead of EFF's press releases, as I have, I believe you'll find the EFF's characterization to be misleading. They can be found

If you read the actual filings instead of EFF's press releases, as I have, I believe you'll find the EFF's characterization to be misleading. They can be found here: http://www.copyright.gov/1201/2008/responses/ http://www.copyright.gov/1201/2008/responses/ Jailbreaking per se is not illegal. Violating copyright to do so is. The EFF filed for a DMCA exemption which would allow violating the DMCA for the purposes of jailbreaking, primarily of iPhones. The EFF is the one attempting to lay legal groundwork by changing the law -- what they propose is currently illegal. Apple's filing is only a response to the EFF's comments.