Seems like the system is working as intended. The Copyright Office is powerless or unwilling to stand up to the copyright holders, and as a result they can only give us hollow concessions like "You can jailbreak this, but you can't buy tools from someone else to do so".
While I support the idea of device control the EFF is pushing here, are we really expecting the company to go "Oh, then let me jailbreak that for you" and then take the software team off the current job to release the custom firmware/bootloader etc? I don't have an answer for this one, but I think expecting the company to spend money is not the best way. Much better would be ditching this garbage law and requiring right to repair so the initial release had the requirements built in.
Doctorow's essay was about not being able to distribute tools to jailbreak your device; and on top of that, professionals not being allowed to jailbreak a customer's device.
Ah! I got the impression he expected the manufacturer to supply the code.