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  • Apple Officially Claims Jailbreaking Illegal
    After a year and a half and many millions of iPhones Jailbroken Apple has finally decided to publicly state that they believe jailbreaking is illegal. Here at MMi we do not believe Jailbreaking is illegal for many reasons. While I could list them all Fred von Lohmann of the Electronic Frontier Foundation which confronts cutting-edge issues defending free speech, privacy, innovation, and consumer rights says it best with his statment:

    "Jailbreaking an iPhone constitutes copyright infringement and a DMCA violation, says Apple in comments filed with the Copyright Office as part of the 2009 DMCA triennial rulemaking. This marks the first formal public statement by Apple about its legal stance on iPhone jailbreaking.
    Apple's iPhone, now the best-selling cellular phone in the U.S., has been designed with restrictions that prevent owners from running applications obtained from sources other than Apple's own iTunes App Store. "Jailbreaking" is the term used for removing these restrictions, thereby liberating your phone from Apple's software "jail." Estimates put the number of iPhone owners who have jailbroken their phones in the hundreds of thousands.

    As part of the 2009 DMCA rulemaking, EFF has asked the Copyright Office to recognize an exemption to the DMCA to permit jailbreaking in order to allow iPhone owners to use their phones with applications that are not available from Apple's store (e.g., turn-by-turn directions, using the iPhone camera for video, laptop tethering).

    Apple's copyright infringement claim starts with the observation that jailbroken iPhones depend on modified versions of Apple's bootloader and operating system software. True enough -- we said as much in our technical white paper describing the jailbreak process. But the courts have long recognized that copying software while reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software, a body of law that Apple conveniently fails to mention.

    As for the DMCA violation, Apple casts its lot with the likes of laser printer makers and garage door opener companies who argue that the DMCA entitles them to block interoperability with anything that hasn't been approved in advance. Apple justifies this by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability, and swing the doors wide for those who want to run pirated software.

    If this sounds like FUD, that's because it is. One need only transpose Apple's arguments to the world of automobiles to recognize their absurdity. Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their Miatas frequently exceed the legal speed limit.

    But we'd never accept this corporate paternalism as a justification for welding every car hood shut and imposing legal liability on car buffs tinkering in their garages. After all, the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy.

    Of course, many iPhone owners will be happy to choose solely from the applications that Apple is willing to approve, just like many Ford owners are happy relying exclusively on their local Ford dealer. But if you want to pop the hood, the DMCA surely shouldn't stand in your way."
    This article was originally published in forum thread: Apple Officially Claims Jailbreaking Illegal started by Cody Overcash View original post
    Comments 298 Comments
    1. BarcaMagic's Avatar
      BarcaMagic -
      Yeah breaking out of jail is illegal.But if i pay $ 400 or $ 500 for a phone or any other piece of equipment ill do what ever the hell i want with it.Heck i might just break it without jailing it

      illegal: not according to or authorized by law by Mariam Webster dictionary

      So does apple make laws in this country ?????
    1. i pimping's Avatar
      i pimping -
      Of course, many iPhone owners will be happy to choose solely from the applications that Apple is willing to approve, just like many Ford owners are happy relying exclusively on their local Ford dealer. But if you want to pop the hood, the DMCA surely shouldn't stand in your way."
      but you dont see ford complaining when guys customize there cars becouse it only helps sell them when potential ford custumers see what can be done with a standard car
    1. LittleJob's Avatar
      LittleJob -
      Quote Originally Posted by BarcaMagic View Post
      Yeah breaking out of jail is illegal.But if i pay $ 400 or $ 500 for a phone or any other piece of equipment ill do what ever the hell i want with it.Heck i might just break it without jailing it
      nicely put...
    1. JStraitiff's Avatar
      JStraitiff -
      all i have to say is that it is my phone and i have the legal right to do what i damn well please with it. i took ownership when i signed the receipt at the apple counter.

      what are they gunna do confiscate our phones, sue every iphone owner

      and as for the legality of it... we may b reverse engineering their software but it is for personal use also even the people who distribute the hacked software cannot be touched because they arent selling it
    1. MusicBlood17's Avatar
      MusicBlood17 -
      It's my iPod. I paid for it so i can jailbreak it if i want to. Apple overprices their apps and I dont feel like paying for them. Why do they care if we take a risk at screwing up our iPods and iPhones?
      It's our choice so why don't they just leave us be? What exactly are the consequences of having a jailbroken iPod/iPhone anyways?
    1. RWADE's Avatar
      RWADE -
      And i refill my windex bottle from the gallon jug of the discount brand glass cleaner, its just ridiculous and they feel like they dont have control over their own product but on the upside for Apple, jailbreaking and the ability to customize a phone to be our own and do what we need it to do rather then navigating throught the same boring ui like other cell phones is what has made there sales to the point they are. So i say if we're not following your guidelines but making you filthy rich in the process isn't that a fair trade?
    1. lom51's Avatar
      lom51 -
      I think apple are feelin humiliated a little, i mean, you have something they produced claiming it would change mobile technology, and don't get me wrong it has, but its been made so much more productive and user friendly by visionaries such as BigBoss, the DeV Team etc...... proving apple have made the ground workings for a phone which we now need in everyday life, but hav not capitalised on, and even still, i only see 1 app produced by apple, which is the remote, everything else useful has been developed by google or other 3rd parties.

      the automotive industry accepts people will change their stock cars, and that some people won't, Ford for instance are playing to the market of modders by releasing pre-modded cars such as the Ford Focus RS and ST, apple need to embrace the jailbreak community, for we will always exist no matter what they do, there will always be ways to hack software, and modify hardware. and apple dont want to accept that they dont have full control, i mean all you need to do is reference the battle apple have had with china over releasing the iphone over there, enough said.

      LONG LIVE THE JB COMMUNITY
    1. MusicBlood17's Avatar
      MusicBlood17 -
      Another thing is, if Apple embraced Jailbreaking they could begin selling iPhones at Tmobile and other companies which would make them even more money. I personally dont feel like paying $400 or $500 for an iPhone on eBay. I'd rather apple quit being kids about this and just embrace jailbreaking.
    1. Grassmasta's Avatar
      Grassmasta -
      "I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight;" and Apple will no longer discriminate against jailbroken customers.

      "Free at last! Free at last!"

      I think Dr. Martin Luther King would agree with me.
    1. bbplayer5's Avatar
      bbplayer5 -
      This is like saying changing the dock in OSX is illegal. Apple isnt really too smart when it comes to consumers. When the industry catches up with them, this will come back to haunt them.
    1. name00's Avatar
      name00 -
      WE-who have jailbroken iphone have and always the right do to whatever we want.
      Apple-who couldnt stop crackers, hackers, or jailbrokers always scare them away
      screw apple
      happy jailbreaking pals kakaka
    1. Broomhead's Avatar
      Broomhead -
      Apple needs to quit trying to be a bully. It doesn't suit them
    1. royalnewjersey's Avatar
      royalnewjersey -
      Quote Originally Posted by MusicBlood17 View Post
      Another thing is, if Apple embraced Jailbreaking they could begin selling iPhones at Tmobile and other companies which would make them even more money. I personally dont feel like paying $400 or $500 for an iPhone on eBay. I'd rather apple quit being kids about this and just embrace jailbreaking.
      Obviously they can never (in the near future) sell an iPhone at T-mobile because of their agreement with AT&T.

      I believe that you're getting "Jailbreaking" and "Unlocking" confused. This latest statement from Apple doesn't touch the issue of unlocking, they've somewhat taken care of that problem through their sales methods on the 3G.

      This is only about Jailbreaking, and putting custom firmware/software on your device.
    1. ultimatexpka's Avatar
      ultimatexpka -
      Dear Apple,

      I hate you.

      Not only did they rip me off for a cheap phone for 600$, now they are saying that i cant do what I want with it to get the full satisfaction my 600$ really is worth? I got jiped so I jailbroke it to make this phone feel like it was worth 600$, without it being jailbroken, I wouldnt pay over 100$, screw you apple.
    1. jschaff's Avatar
      jschaff -
      Did anyone ever stop to think that Apple is blowing hot air to appease their other contracts, like with ATT, Rogers, O2, etc. These companies have exclusives with Apple. If Apple does not do their part to protect these relationships, at least for the length of these contracts, then they could be sued by those providers for "encouraging" or "condoning" these "outlaws".

      Just watch and see if Apple starts to actually enforce what they say. I bet not.
    1. bbplayer5's Avatar
      bbplayer5 -
      Why dont they just supply the phone and basic apps/functionality and stfu? If they made the phone hackable it would sell FAR more than it does now.
    1. decke's Avatar
      decke -
      Quote Originally Posted by lom51 View Post
      I think apple are feelin humiliated a little, i mean, you have something they produced claiming it would change mobile technology, and don't get me wrong it has, but its been made so much more productive and user friendly by visionaries such as BigBoss, the DeV Team etc...... proving apple have made the ground workings for a phone which we now need in everyday life, but hav not capitalised on, and even still, i only see 1 app produced by apple, which is the remote, everything else useful has been developed by google or other 3rd parties.

      the automotive industry accepts people will change their stock cars, and that some people won't, Ford for instance are playing to the market of modders by releasing pre-modded cars such as the Ford Focus RS and ST, apple need to embrace the jailbreak community, for we will always exist no matter what they do, there will always be ways to hack software, and modify hardware. and apple dont want to accept that they dont have full control, i mean all you need to do is reference the battle apple have had with china over releasing the iphone over there, enough said.

      LONG LIVE THE JB COMMUNITY
      well said
    1. Grassmasta's Avatar
      Grassmasta -
      To those discussing contracts with cellphone providers:

      "'Jailbreaking' is the term used for removing these restrictions, thereby liberating your phone from Apple's software 'jail.'" - Fred Von Lohmann

      This is about apples hardware and software. This has nothing to do with cell service or contracts. Unlocking and jailbreaking are 2 different things.
    1. spazdad24's Avatar
      spazdad24 -
      Some times i wish Apple didn't make a recovery years back.. Somebody at some time would have built a touch screen phone like the iphone and instead of holing it back would have embraced the hole idea. The only reason i came to apple was the phone. I have always hated the prices and niche they resemble and pisses me off to see little bitchs like him hold things back. copy paste. video, mms all of the things that anybody who created such a fantastic peace should do... He truly may have a vigina
    1. hrag525's Avatar
      hrag525 -
      I hate apple's rules but i love their products!