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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. ToasterBoyOhFour's Avatar
      ToasterBoyOhFour -
      Quote Originally Posted by him121213 View Post
      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
      i couldnt have said it better myself. its not an iPhone, its myPhone!
    1. s4mb4's Avatar
      s4mb4 -
      apple is upset. i would be too. jailbreaking means apps not in the app store. apple gets a percentage of app store sales. they are entitled to be upset. would you like it if your paycheck was reduced because some other employee was secretly doing some of your work?
      everyone gets so offended when big business complains, but they are entitled to $$ just like anyone else. nothing is free.
    1. Eurisko's Avatar
      Eurisko -
      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.
      Except for that pesky little 5 year contract they have with AT&T.
    1. Ivel's Avatar
      Ivel -
      im laughing. people dont have food in this world and you guys are making a scene out of this?

      who cares, let them feel a little special and think that this will change things. Theyre like a little kid, agree with what they say and they will shut the heck up, just dont abide to what they say its the thought of them thinking that they have power that matters hahahaha
    1. Eurisko's Avatar
      Eurisko -
      Quote Originally Posted by Ivel View Post
      im laughing. people dont have food in this world and you guys are making a scene out of this?

      who cares, let them feel a little special and think that this will change things. Theyre like a little kid, agree with what they say and they will shut the heck up, just dont abide to what they say its the thought of them thinking that they have power that matters hahahaha
      People are making a scene, because last I checked, MMi doesn't support illegal activities. And if this holds up, MMi becomes a pirate site or says bye bye.
    1. thetoothfairy's Avatar
      thetoothfairy -
      Quote Originally Posted by s4mb4 View Post
      apple is upset. i would be too. jailbreaking means apps not in the app store. apple gets a percentage of app store sales. they are entitled to be upset. would you like it if your paycheck was reduced because some other employee was secretly doing some of your work?
      everyone gets so offended when big business complains, but they are entitled to $$ just like anyone else. nothing is free.
      Well then Apple should come out with the apps that we have been begging for.... for the last two years......
    1. JerseyScottie's Avatar
      JerseyScottie -
      Apple is just being greedy if you ask me, they're still making a **** load of $$ and is open to 3rd party apps just so long as they make a quick buck off it as well...they really need to shut up about some apps here some apps there
    1. HDshot's Avatar
      HDshot -
      Well, Apple and other dev's only try to make money
    1. Eurisko's Avatar
      Eurisko -
      Quote Originally Posted by JerseyScottie View Post
      Apple is just being greedy if you ask me, they're still making a **** load of $$ and is open to 3rd party apps just so long as they make a quick buck off it as well...they really need to shut up about some apps here some apps there
      That's an over simplification. If you buy an iPhone, try to jailbreak it and in the process end up killing the phone; or do something to kill the phone because it was jailbroken. Who do you think should foot the bill to replace it? Apple? You wouldn't think twice about trying to screw them out of the cost would you...

      Apple is not only trying to protect its revenue, it's trying to protect it's assets. And they have every right to.
    1. x2thaz64's Avatar
      x2thaz64 -
      if they dont like it they should make them unjailbreakable...oh wait they cant. They just need to put up with it.
    1. Real_Iphonecrazy's Avatar
      Real_Iphonecrazy -
      In this case possesion its 9/10ths wait no its 10/10ths of the law. My iPhone in my possesion.

      P.S. This is just in response to EFF and only to be expected really, one last ditch effort by Apple. They weren't just going to do nothing. They had the choice to ignore The EFF's antics or respond to it and they have to be seen to be protecting there trademarks, otherwise they become diluted and harder to enforce.
    1. JerseyScottie's Avatar
      JerseyScottie -
      Quote Originally Posted by Eurisko View Post
      That's an over simplification. If you buy an iPhone, try to jailbreak it and in the process end up killing the phone; or do something to kill the phone because it was jailbroken. Who do you think should foot the bill to replace it? Apple? You wouldn't think twice about trying to screw them out of the cost would you...

      Apple is not only trying to protect its revenue, it's trying to protect it's assets. And they have every right to.
      I feel jailbreaking the phone should result in an immediate void of warranty so like you said, people cant blame apple.But to make it illegal i think is a bit over the top.
    1. c1ockwerk's Avatar
      c1ockwerk -
      the only reason i can see them changing their opinion is because now you can download apps that cost money in the appstore for free. Thats probably where the problem is. They didnt care when it was jailbroken and people wrote apps because no one was losing money.
    1. Real_Iphonecrazy's Avatar
      Real_Iphonecrazy -
      I feel jailbreaking the phone should result in an immediate void of warranty so like you said, people cant blame apple
      So if the plastic back case cracked as reported by many, or some other defect or failure should not be covered by the warranty if it had at sometime been jailbroke. B*l*x
    1. JerseyScottie's Avatar
      JerseyScottie -
      Quote Originally Posted by Real_Iphonecrazy View Post
      So if the plastic back case cracked as reported by many, or some other defect or failure should not be covered by the warranty if it had at sometime been jailbroke. B*l*x
      like anything you buy...a car, a video game system, laptop. Like a car for example lets say you add an exhaust system, intake, body kit, wheels etc etc etc but then your transmission blows out the dealership is going to look at you and say "well you modified the car" it may not be the cause of the transmission but its knowing what you're getting into by doing such a thing aka voiding your warranty.
    1. Real_Iphonecrazy's Avatar
      Real_Iphonecrazy -
      I can half see your point but on the other hand if I buy a PC and change the operating system or install some software not made by the manufactures of the PC/PC components and the graphics card, memory, motherboard failed I'd still expect the warranty to be valid, I should be able to run whatever software I want on my PC or iPhone I paid for it. And the components of both should be covered by there warrantys.
    1. cmwade77's Avatar
      cmwade77 -
      Quote Originally Posted by JerseyScottie View Post
      like anything you buy...a car, a video game system, laptop. Like a car for example lets say you add an exhaust system, intake, body kit, wheels etc etc etc but then your transmission blows out the dealership is going to look at you and say "well you modified the car" it may not be the cause of the transmission but its knowing what you're getting into by doing such a thing aka voiding your warranty.
      Actually in this example the Car Manufacturer would still have to honor the warranty (at least in California). Now, if it was directly related, that is where they MIGHT be able to get out of honoring the warranty.
    1. domenicp's Avatar
      domenicp -
      Quote Originally Posted by c1ockwerk View Post
      the only reason i can see them changing their opinion is because now you can download apps that cost money in the appstore for free. Thats probably where the problem is. They didnt care when it was jailbroken and people wrote apps because no one was losing money.
      I agree that must be a motivation for this. If I as an independent developer produce an app and sell it through the appstore, I'd be mighty pissed to see it cracked and redistributed for free in the jailbreaking community.
    1. WalkingBird's Avatar
      WalkingBird -
      This is senseless... The iPhone is like any other computer in the sense that their is third party software written for it and just like in the desktop computer world their will always be piracy in software its one of the trade offs of having the internet... So its unfair to blame free software hackers and other people for piracy. Its like trying to blame Linux or other free software communities for all the software piracy going on in the world...
      If you pay $xxx for your device or what ever you buy you should be able to do what ever the --- pleases you to do with it, just like if you buy a hamburger you should be able to eat it when ever you want or toss it shob it up wherever it pleases you best.
    1. Chase817's Avatar
      Chase817 -
      Aww man...