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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. cockyjeremy's Avatar
      cockyjeremy -
      So.. they're saying they're against jailbreaking. Well.. isn't that nice. Too bad. I'm doing it anyway. After jailbreaking my original iPhone i decided that if i couldn't have a jailbroken iPhone, i really had no reason to have an iPhone at all. Cydia is like the App store x10. Sorry, Apple.. if you want me to keep buying new iPhones as they come out, i'm jailbreaking. =)
    1. awesomeSlayer's Avatar
      awesomeSlayer -
      What's your problem, Apple? Because people are changing their carriers doesn't mean you have to make jailbreaking illegal. Consumers have the right to do stuff with their iPhones and iPod touches. You are just violating consumer laws, Apple. It's not like a matter of life or death. You don't have to worry about me because I own a iPod touch. Like other users said, people will buy your products. GET REAL APPLE!!!
    1. andygev35's Avatar
      andygev35 -
      Noodle Boy, I challenge your analogy as well... Using that analogy, shooting someone in the head is illegal... You have to have a gun to shoot someone in the head --> ergo, having a gun is illegal. Shoots that one full of holes... (pun intended)
    1. NaplesBill's Avatar
      NaplesBill -
      I personally think this could seriously backfire on Apple. This reminds me of when Apple tried to sue Microsoft over the trash can icon. In the end, Apple lost it's claim of copyrighting iconic interfaces.

      Raising public awareness will only cause dissent. They are definitely acting in a monopolistic manner with the App Store to begin with. A case of Apple harming the consumer could be made from this. How is forcing you to use iTunes and the App Store any different than when Microsoft tried to force Internet Explorer on you? Even with Microsoft you could still use other browsers.

      There was a time when Microsoft acted much like Apple. Everyone thought Microsoft was unstoppable also. The bigger they are the harder they fall.
    1. confucious's Avatar
      confucious -
      I trust the first person Apple will take to court over this will be Steve Wozniak? His phone is jailbroken and I'd love to see that court case.

      I've never heard such tosh - it certainly isn't illegal anywhere in the EU - I know you have some strange laws in the USA (mind you, we have our fair share over here) but I can't believe Apple aren't just having a laugh!
    1. toothy17's Avatar
      toothy17 -
      if u ask me i think this is like saying u buy a car and saying u cant fix what is broken/ make it better to your standards, either way its dumb
    1. xZinnX's Avatar
      xZinnX -
      Quote Originally Posted by Happy Noodle Boy View Post
      Cracking apps is illegal. You need to jailbreak to crack apps, ergo jailbreaking is illegal.
      What? Err no.

      Stealing is illegal. You need hands to steal things, ergo hands are illegal.
    1. cscho0415's Avatar
      cscho0415 -
      b flipping s illegal lol... sew me
    1. thetoothfairy's Avatar
      thetoothfairy -
      Ok guys and gals.... I am here to admit that I have never jail broke either one of my iPhones.... Yes I have been on this forum for awhile and have over 600 posts and have helped a lot of people out and let you all know when something new comes out and almost embarrassed to admit it but I have not... Apple are you happy?

      I have paid for each and every app that is on my phone and is not.... besides the free ones that I have.... by the way Apple I need more damn pages on my phone Apple! And I don't mind paying for my apps....

      BUT!!!!!!! I am also here to admit that I am damn tired of Apple not giving me what I want on this damn phone! I have been way to patient with you Apple!!!!!!! There are certain programs that I want and have been waiting for and with each and every firmware update there are not there and with both phones they are not there as of yet...

      So..... APPLE GET THIS... READ THIS SENTENCE.... YOU HAVE PUSHED ME INTO JAILBREAKING MY IPHONES because you refuse to give me what I want on my phone and what I FEEL IS IMPORTANT to use and need.... I have completely lost my patience! And I have waited longer than I should have...

      So..... within the next week or so I will be jailbreaking my phones!!!!!!!!! As for going to jail over jailbreaking... our court systems do not have the time to deal with such childish crap! The jails and prisons are way way over packed.......

      Ok guys you can tease me now for not jailbreaking my phones... LOL
    1. pacmac's Avatar
      pacmac -
      this shows you how money hungry apple are..they dont want people using crack apps so there scaring people with this BS so they can buy from the app store that way they can make more money..

      plus its my iphone i can do what i want with it..dont tell me what to do apple..
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by thetoothfairy View Post
      Ok guys you can tease me now for not jailbreaking my phones... LOL
      No teasing - but I do think you will wonder why you didn't do it ages ago.

      Welcome to the wonderful world of jailbroken iPhones!
    1. lilskaterpunk's Avatar
      lilskaterpunk -
      Who cares! My iPhone, I do what I want! hehe
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      You all missed the point of why I said it. Of course jailbreaking isn't illegal.

      The only reason they're going against it now after 2 years is because of cracked apps. Before then they could care less.

      What would be awesome is the jailbreaking community takes a stand against pirated apps. You kill those, you kill any thread Apple has against jailbreaking.
    1. thetoothfairy's Avatar
      thetoothfairy -
      Quote Originally Posted by confucious View Post
      No teasing - but I do think you will wonder why you didn't do it ages ago.

      Welcome to the wonderful world of jailbroken iPhones!
      Thank you...... I do not even know what the world is with a jailbroken iphone.... I do not mind paying for apps...... but like the turn by turn that is coming out.... I just can't live without that.... I really want it... LOL and I am sure I will want and like other stuff that I am not aware of yet....

      Quote Originally Posted by confucious View Post
      I trust the first person Apple will take to court over this will be Steve Wozniak? His phone is jailbroken and I'd love to see that court case.

      I've never heard such tosh - it certainly isn't illegal anywhere in the EU - I know you have some strange laws in the USA (mind you, we have our fair share over here) but I can't believe Apple aren't just having a laugh!
      Yeah I seen that Steve admitted his phone was jailbroken... I about died laughing and thought he was cool for doing it!
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by thetoothfairy View Post
      Thank you...... I do not even know what the world is with a jailbroken iphone.... I do not mind paying for apps...... but like the turn by turn that is coming out.... I just can't live without that.... I really want it... LOL and I am sure I will want and like other stuff that I am not aware
      of yet....
      I don't mind paying for apps either - and some aps on Cydia you have to pay for but others such as copy and paste or video recording are free and really should have been provided by Apple. You can, if you want, customise the look and feel with Winterboard as well

      Enjoy!
    1. jibaro3's Avatar
      jibaro3 -
      lol
    1. thetoothfairy's Avatar
      thetoothfairy -
      Well I am fed up and want copy, paste and video and turn by turn... and the things I have been patiently waiting for.... as I stated Apple is pushing me into this.... Apple if you wanted more of my money all you had to do is allow the stuff I feel I need and want....

      We must remember the statement from Steve..... it is a cat and mouse game..... and it will always be like that... in all of the years I have been into computers which is a long long time.. the hacking has never stopped....
    1. Z33Driver's Avatar
      Z33Driver -
      The Hacker Manifesto


      This is our world now... the world of the electron and the switch, the beauty of the baud. We make use of a service already existing without paying for what could be dirt-cheap if it wasn't run by profiteering gluttons, and you call us criminals. We explore... and you call us criminals. We seek after knowledge... and you call us criminals. We exist without skin color, without nationality, without religious bias... and you call us criminals. You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it's for our own good, yet we're the criminals.

      Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like. My crime is that of outsmarting you, something that you will never forgive me for.

      I am a hacker, and this is my manifesto. You may stop this individual, but you can't stop us all... after all, we're all alike.
    1. dreadlk's Avatar
      dreadlk -
      Why doesnt apple just stop "F"ing around and just sell a bloody iPhone that is unlocked and Jailbroken? They can make a crap load selling these phones at $600-$700 a pop so why not do that rather than having people stealing iPhones with stolen credit cards like I saw the guy doing on the news the other night ($70,000 worth by just one guy). IMO Apple is actually creating a huge black market and there really is no need to.
    1. tomheben's Avatar
      tomheben -
      I have no need to jailbreak my phone, because Apple has provided me with all the tools I dreamed I could have on their iPhone!!

      YEAH FREAKIN RIGHT!!! GPS Navigation, Copy and Past, Video, MMS Messaging, Themes, the list goes on and on.

      I will jailbreak my phone and load that thing down until it cant run anymore with jailbroken apps from Cydia. Why? Because they are features that should have been promised, guaranteed and delivered by Apple maybe the first time around, DEFINITELY THE SECOND TIME AROUND, and GOD HELP US HOPEFULLY THE THIRD TIME AROUND (Is the third try a charm? Maybe, Im not holding my breath.).

      Listen, I love my iPhone, but the reason why is because the community has allowed me to use it for what it should be used for. So until everything is provided for us, jailbreak away community. "Illegal"? Just another fancy word for Apples lack of community perspective and inability to listen to what they want/need.

      Jailbreak on!!!