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30 Temp. J. Sci. Tech. & Envtl. L. 145 (2011)
Exploring the Jailbreaking Exemption to Examine the Librarian of Congress's Power under the Digital Millennium Copyright Act

handle is hein.journals/tempnlt30 and id is 149 raw text is: Exploring the Jailbreaking
Exemption to Examine the
Librarian of Congress's Power
Under the Digital Millennium
Copyright Act
Lily Wrynn*
I. BACKGROUND
Smartphones are increasingly prevalent in American life. It is estimated that one
in four Americans currently own smartphones and by the end of 2011 that number
will rise to one in two.1 One of the country's most popular smartphones is Apple's
iPhone.2 When the original iPhone debuted in July 2007, one million phones were
sold in the first three months.3 By June of 2010, when Apple premiered the iPhone
4, the device sold 1.7 million phones in just three days.4 Apple's CEO, Steve Jobs,
called the iPhone 4 the most successful product launch in Apple's history.5
Despite Apple's popularity, sales of the iPhone are still being outpaced by sales of
the Android and BlackBerry,6 which some commentators attribute to Android's and
* J.D. Candidate, May 2012, Temple University James E. Beasley School of Law. I would like to
thank Professor David Post for his help and my friends and family for their support.
I The   Nielsen  Company,    The   State   of   Mobile   Apps,  NIELSEN    BLOG,
http://blog.nielsen.com/nielsenwire/wp-content/uploads/2010/09/NielsenMobileAppsWhitepaper.pdf.
2 See Miguel Helft, The iPhone Has a Real Fight on its Hands, N.Y. TIMES, Oct. 5, 2010,
http://bits.blogs.nytimes.com/2010/10/05/the-iphone-has-a-real-fight-on-its-hands/?ref-business (finding
that Apple's iPhone accounted for 25% of smartphones sales in six months ending August 10, 2010).
Bloomberg News, In 3 Months, IPhone Sales Top a Million, N.Y. TIMES, Sept. 11, 2007,
http://query.nytimes.com/gst/fullpage.html?res=9EO6E7DB 1430F932A2575ACOA9619C8B63&ref-iph
one.
4 Kristena Hansen, Apple Sells 1.6 Million iPhone 4s in First Three Days, L.A. TIMES, June 29, 2010,
http://articles.latimes.com/2010/jun/29/business/la-fi-iphone-sales-20100629.
5 Id.
6 Helft, supra note 2 (In the six months ending August 10 [2010], Android accounted for 32 percent
of smartphones sold . . . . By comparison, iPhones accounted for 25 percent of devices sold and

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