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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. xZinnX's Avatar
      xZinnX -
      ...Who cares?

      Boo Hoo
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by reeko View Post
      Simple explanation:

      Applications available from Cydia that download and install paid for AppStore apps for free.

      We all know what this app is.

      Apple don't care if we unlock our iPhones or install Apps like cycorder/swirlymms, all these apps do is boost iPhone sales. That's all jailbreaking was until fairly recently.



      The most comforting thing is, the fact that Apple has openly said something means that they can't stop it. If they have been letting it go on all this time and turning a blind eye, they would have said nothing and patched it with 2.2.2.
      youre a bit behind, im afraid. you have basically been able to put cracked app store apps on the 3g ever since about july 12th, 2008. it came out on the 11th

      by the way- do any of you double space as much as i do on my pc sometimes? lol

      Quote Originally Posted by lucas23 View Post
      looking at what apple will and wont do there most likely not going to alow winterboard because it changes the icons the appliction owner set and the changing of anyother defualt thinks that can be changed with winterboard.
      if u like spoofapp say goodbye to that to because apple said no already. stupid on there part
      and a ton more i could list the thousends of thinks but it would take days lol
      deff not going to alow clippy
      installious lol
      crackulouus lol again
      what exactly are you talking about?
    1. Mes's Avatar
      Mes -
      Apple can say what-ever they want .... but that doesn't make it true.

      Be mindful Apple shareholders, it's your $$$ that Apple is wasting. Innovation is a better use of their billions, not litigation !!
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by lucas23 View Post
      looking at what apple will and wont do there most likely not going to alow winterboard because it changes the icons the appliction owner set and the changing of anyother defualt thinks that can be changed with winterboard.
      if u like spoofapp say goodbye to that to because apple said no already. stupid on there part
      and a ton more i could list the thousends of thinks but it would take days lol
      deff not going to alow clippy
      installious lol
      crackulouus lol again
      what exactly are you talking about?
    1. nkgneto's Avatar
      nkgneto -
      Well maybe the creators of installer should of patented it so they could have sued Apple for copying what they made and calling it the App Store.
    1. lucas23's Avatar
      lucas23 -
      Quote Originally Posted by skj8100 View Post
      youre a bit behind, im afraid. you have basically been able to put cracked app store apps on the 3g ever since about july 12th, 2008. it came out on the 11th

      by the way- do any of you double space as much as i do on my pc sometimes? lol


      what exactly are you talking about?
      alright im not shore what your talkin about but im not a bit behind im saying do you want apple to some how stop cracked apps, jailbreaking and the hole 9 yards
      no 1 double spaces lol
    1. robotkirby's Avatar
      robotkirby -
      I think this is just plain stupid, Next thing you know they will be saying it's illigal to repair your own Mac.. I am an AT&T rep, and an AT&T user and I pay my monthly fees just like everyone on the network with the iPhone does. Explain to me how if I want to jailbreak my phone just so I can change the themes, record videos, and get those GOOD apps that Apple won't allow. How is that illigal? If I want to throw your phone out a supercharged Ford at 140 MPH is that illigal? Only the whole speeding thing.. Jeez, get over it Apple.
    1. xaoa's Avatar
      xaoa -
      alright i paid 200 dollars for your phone apple
      i have rights as a person to do whatever the f i want to do with it
    1. lucas23's Avatar
      lucas23 -
      finally some one who gets what im saying no one ever told you what to do with anyother phone what gives apple the right to start now its there first phone they ever made so they needa learn to SUCK IT UP !!!
    1. ripped53's Avatar
      ripped53 -
      I wonder if this will make jailbreaking even more difficult in the future.
    1. sikdaz's Avatar
      sikdaz -
      long live the JB!!!


      Apple is GREEDY!
    1. billchase2's Avatar
      billchase2 -
      Quote Originally Posted by xaoa View Post
      alright i paid 200 dollars for your phone apple
      i have rights as a person to do whatever the f i want to do with it
      i paid $600-$100=$500 for my iphone, plus, canceled my amazing contract with sprint (virtually unlimited everything for $42 a month!).

      i'm certainly doing what i want with mine!
    1. Poseidon79's Avatar
      Poseidon79 -
      I agree with the post that I saw about how cracking apps and distribution of these apps in costing Apple billions. If they stop jailbreaking... they stop cracked apps.

      Apple releasing a statement saying they THINK jailbreaking is illegal does in no way actually make it illegal so we have nothing to worry about at the moment or probably ever because it's no enforceable.
    1. reddawg's Avatar
      reddawg -
      WOW, Apple keeps finding ways to stifle their momentum in the market. Does Apple realize how many people are using their iPhones that are jailbroken and unlocked with other carriers. I think it is Apple that needs to start thinking differently.

      Supreme Court OKs Cellphone Unlocking Suit | Threat Level from Wired.com
      Supreme Court OKs Cellphone Unlocking Suit
      By David Kravets May 27, 2008 | 4:00:05 PMCategories: Mobile Phone Unlocking
      The U.S. Supreme Court on Tuesday dashed a bid by T-Mobile and AT&T to stave off a class-action lawsuit challenging the carriers' policies against unlocking mobile phones.

      The justices declined to review an October decision by the California Supreme Court that cleared the way for a lawsuit that attorneys claimed could represent "millions" of California customers.

      In response to similar lawsuits, Verizon and Sprint, both CDMA carriers, have agreed to provide the software code to unlock cell phones after customers nationwide have completed their original contract, attorneys said. "That was the compromise we ended up with to get the cases settled," said California attorney Robert Bramson, one of the lawyers suing carriers T-Mobile and AT&T.

      T-Mobile and AT&T fought the lawsuit all the way to the nation's high court. The two carriers, on the GSM network, are accused of unfair business practices by locking down their phones to their service plans. Last year, Librarian of Congress James H. Billington listed cell phone unlocking as one of six new exemptions to the Digital Millennium Copyright Act, or DMCA.
      This pretty much says that cell phone unlocking does not violate DMCA.

      The cell phone unlocking exemption covers cases where cell phone software locks are circumvented "for the sole purpose of lawfully connecting to a wireless telephone communication network."
      At least Yellowsn0w should be legal and possible jailbreaking. Jailbreaking is part of the process necessary to unlock an iPhone and should also be the consumers right to run the applications of their choice. My statement does not include the use of illegally pirated software.

      I think Apple has the right to ban jailbreaking and void an iPhone's warranty, but not to make it illegal to jailbreak or unlock. In the end, Apple will lose this argument and further alienate its loyal followers.
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      Cracking apps is illegal. You need to jailbreak to crack apps, ergo jailbreaking is illegal.

      I knew this would happen once the AppStore got broken into. Before everything was all fun and games and they just kinda turned their back in jailbreaking. Now that it's costing them some serious money, they're taking a stronger stance on it.

      It's how businesses work. They NEED to show a strong face against stuff like this so their stock holders think they're doing something about it when in reality there's little to nothing they can do sadly.

      I would love to see them increase their security/DRM on applications and the store in general. If they can kill cracking without messing up a jailbreak, everything would be much better.
    1. Masterz1337's Avatar
      Masterz1337 -
      I can totally understand how Apple is mad at people cracking apps. Most of them are what? 1-3 dollars? Are people really that cheap they can't shell out 5$ from scrabble? or 99c for a tip calculator? Not only does it cost Apple a slight amount of money (they make 30% of what the price it's sold at is right?) But it scares away developers who are putting time and money into developing apps (for instance, that RX drug app).

      I love my Jailbreak iPhone, but I can see why they want to stop Jailbreaking if it's going to start hurting the Appstore and the developers who will turn their back on the iPhone.

      Seems to me like a few people decided to poke the sleeping dragon in the wrong spot. Good Job.
    1. lucas23's Avatar
      lucas23 -
      well point is in my signature and im done posting because too many people like to change up my words
      <<<<<<<<<<<<<=================================================
      page 2 i beleve lol
      but it is a very debatable topic
      have fun but i cant keep coming back to prove the point thats siting in front of you
      we bout it, its are phone, apple got are money from $200 and ive even herd up to 6 - and 700 people have payed ( i no thats high, but true)
      APPLE NEEDS TO SHUT THE HECK UP ABOUT THE HOLE THING
    1. laz305's Avatar
      laz305 -
      Quote Originally Posted by RWADE View Post
      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?
      "Exactly" I don't think the iPhone would be the #1 cell phone if it wasn't for the "hackers" so Apple just shut up and thank them already.
    1. dogdaysunrise's Avatar
      dogdaysunrise -
      I read that there are more jailbroken users than regular users.
      HAHAA!!!
      ...and what made apps possible in the first place anyway....wasn't it installer and cydia.....???

      I don't like it and Apple refused to repair my jailbroken iphone!
      How stupid is that, I can restore it via itunes and then bring it in for repair.....LAME!!!!

      I do understand though that cracked apps are illegal and I am not parcipating in that.
      My times from the 90s where I had multiple cracked games on my c-64 or amiga are over.
      I also don't download free mp3s, I'll be more than happy to pay for music if the album is worth it......same with apps and/or themes I donated for on cydia.....
    1. reddawg's Avatar
      reddawg -
      Sorry Happy Noodle boy, I think your are wrong on your analogy. Jailbreaking is necessary for unlocking as well as allowing a person to run applications that are not in Apple's App Store. (Clippy, Cycorder, etc)

      If a person has an jailbroken/unlocked iPhone and decides to install a cracked application, that action is illegal not the process of jailbreaking an iPhone. There is a difference.