https://www.eff.org/cases/2012-dmca-rulemaking
In the 2012 rulemaking, EFF asked the Copyright Office to protect the "jailbreaking" of smartphones, electronic tablets, and video game consoles – liberating them to run operating systems and applications from any source, not just those approved by the manufacturer. EFF also asked for legal protections for artists and critics who use excerpts from DVDs or downloading services to create new, remixed works. These exemptions build on and expand exemptions that EFF won in the 2009 rulemaking proceeding for jailbreakers and remix artists.
In October 2012, the Copyright Office renewed the exemption for smartphones in their final rulemaking, but did not extend it to other devices. The Copyright Office also reaffirmed the exemption for video remix, and expanded it to allow use of clips from online services.