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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. Robcoffee's Avatar
      Robcoffee -
      I'm not sure what is more bemusing, Apple stating the obvious or everyone else's reaction to something that has been known since the iPhone was released.

      The main issue Apple have to defend against and therefore keep the iPhone locked down (however a poor job they are doing of it) is if an iPhone can run code that has not been certified by Apple then there is the opportunity for mobile networks to be swamped by traffic from spam e-mails or texts sent from malicious software that users have downloaded without their knowledge.

      I don't for one minute think that any third part developer in the Jb community would go to such lengths, but the potential remains there. Your entire address book could be used for spam text or e-mails, all your contacts used for nefarious gains and when the poop hits the fan everyone would be looking for a fall guy to sue for their private data going awol and the entire mobile network getting crippled (shifty look left to right) - Ah ha Apple, your iPhone your Fault. So Apple will never even hint of condoning Jailbreaking, because as long as they don't anything that may come of it is not their fault. At the same time nobody is going to take you iPhone off you just because you have it Jailbroken, personally I always read up on any third party apps before I install them (just in case!)
    1. iMack007's Avatar
      iMack007 -
      iPhone 3G - No turn-by-turn voice satnav (my 2003 Windows Pocket PC is capable of this)

      What else cant my top of the line 16GB iPhone 3G do as well as my old pocket PC?

      * Proper copy and paste - clippy is better than nothing but not ready for prime time IMHO
      * allow the installation of 3rd party apps bought from a multitude of on-line vendors (without the need for 'illegal jailbreakin')
      * MMS (i don't even use this costly service but it comes free with the most basic and cheapest phones these days)

      Nothing else really that hasnt already been mentioned, but coming from Windows Mobile, I sure do miss TCPMP/Coreplayer (would be a killer app on the iphone but Mr Big Apple won't let it through the door!). The software enabled all sorts of video playback, not just one format!! And yet the iPhones have dedicated hardware accelleration for this purpose.....ahhh whatever!

      I have no loyalty to any of these giant bullies. I hope some other newby tech company surprises us all and blows Apple out of the water by creating something far better and unlocked in all aspects! yeah I know...hardly likely.

      Its unfortunate for us that Google and Apple look out for each others arses so well. I'd love to shove their restrictions right up there!
    1. gQstatus05's Avatar
      gQstatus05 -
      If I get sent to jail or sued for jailbreaking my iPhone I'm going to snitch on everyone in the MMi community. I wouldn't want to be alone in jail, screw that.

      Lol, jp I love you guys, all of you. Let's start a petition!!!
    1. ajl917's Avatar
      ajl917 -
      This is just ridiculous. The fact that Apple would even waste their time researching whether jailbreaking is legal or not is absurd. Jailbreaking/Cracking takes part in any form of technology all the time and no matter what the "law" is, that will never change. BTW, what charges would I face? lol
    1. gsr101's Avatar
      gsr101 -
      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

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

      So does apple make laws in this country ?????
      well said , f#ck we paid for , we should do what ever we like
    1. JacquesChirac's Avatar
      JacquesChirac -
      Yea we should start a petition, but a big petition. Anyhow, if you want to say f#%$ you apple, that'd be the only way. if you don't then whatever.

      but we paid for and bought the phone. we can do whatever we want with it
    1. realtimedeath's Avatar
      realtimedeath -
      i wonder how many apple employees have cool customized themes and lockscreens on their iphones and cant even take them out of there pockets when there around big steve or anyone else at apple that would fire them for have more artistic taste thatn a bland green battery and black background.
    1. straightryder's Avatar
      straightryder -
      Steve Jobs is a **** head.

      When he moves out im sure apple will change its mind
    1. trixmasta's Avatar
      trixmasta -
      That is sooo ********. It's my ipod touch, i bought it legally, i own it, and its my property! It's not apple's property, we're not in some sort of service agreement, that hardware is mine. I have absolutely every right to do anything with my property i want to. Now, if you're using this jailbroken "illegal" ipod on apple's property, ex. their store, their online store, highscore boards, etc... then they have a right for me to not use it there, because its their property. Therefore, they shouldn't be able to touch my ipod because its my property!

      And I completely agree with that Ford and Cars comparison
    1. r1994augusto's Avatar
      r1994augusto -
      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

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

      So does apple make laws in this country ?????
      thats true
      i payed the money it is mine the no one can tell me what to do with my fcku-ing phone

      Apples shoulda b high!

      now that apple is on the TOP because of us, they think that they can do whatever they want...
      F~*~C~K~~U!!!
    1. dunlapface's Avatar
      dunlapface -
      Haha I think this is hilarious, and reading this just makes want to laugh in Apple's face even more. I paid the rediculous amount of profit that they make on these phones, so I am going to do whatever the hell I want with it and on it.

      What is Apple the law inforcers now? Maybe if you stopped disabling features on new models on the iPhone just so that you can sell more on the new models that come out a couple years down the road with that feature enabled people wouldn't have to jailbreak their phones.

      We obviously know that the iPhone is capable of doing all these things because we are able to play around with the disabling software they utilize and get these functions that should already be enabled, enabled.

      I don't know, but I'm sure everyone else feels the same way, and this just proves what a greedy company Apple is.

      What a bunch of babies!
    1. liquid's Avatar
      liquid -
      Quote Originally Posted by hrag525 View Post
      I hate apple's rules but i love their products!
      I feel exactly the same way
    1. caliplaymate's Avatar
      caliplaymate -
      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

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

      So does apple make laws in this country ?????
      agreed
    1. dsg's Avatar
      dsg -
      Why has apple become Microsoft whinge, whinge, wine. wine. what happened to:

      'Here's to the crazy ones, the misfits, the rebels, the troublemakers, the round pegs in the square holes... the ones who see things differently -- they're not fond of rules... You can quote them, disagree with them, glorify or vilify them, but the only thing you can't do is ignore them because they change things... they push the human race forward, and while some may see them as the crazy ones, we see genius, because the ones who are crazy enough to think that they can change the world, are the ones who do.'

      come on Apple you started this, accept your legacy
    1. sane's Avatar
      sane -
      Quote Originally Posted by dr.stevil View Post
      yeah, no ****. I remember them taking the stance that they wouldn't allow 3rd party software to run on it... then as soon as the jailbreak came along, they changed their tune (albeit with Apples typical socialist requirements).

      oh well, I'd love to see them try to enforce this
      Obviously you don't know what socialism is. I think you mean fascist (ie corporate controlled governance).

      Jailbreaking can't be stopped. Running cracked apps is lame. Support your developers and buy the apps. Most aren't expensive (unlike SAP) and if you use the app, buy it - its only fair to the developer.

      And if you want to argue about Apple taking too big of a cut, buy from cydia. I bought the "Pool" game from Cydia instead of the app store to better support the developer, even though the same app was on the AppStore.

      Apple won't go after individual users, IF they were going after someone it would be places like this and the Dev-Team people.

      PS Apple has always aggressively defended it IP, nothing new here.
    1. sane's Avatar
      sane -
      Quote Originally Posted by dreadlk View Post
      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.
      Its called viral marketing.

      And they do sell them unlocked, just not in this country. If Congress changed the laws so phones had to be unlocked, then they'd sell them unlocked. Blame your phone company and Congress for locked handphones.
    1. aussiebob's Avatar
      aussiebob -
      Since jailbreaking I have dismissed the idea of using another phone so I have added data allowance on my plan (extra money for phone provider) bought non genuine and genuine accessories ( money for Apple also) downloaded apps paid for on itunes store and Cydia.
      Everone is benefiting from the jailbrake other wise at standard the Nokia communicator or Blueberry was looking good again.
      Its mine....Ill jailbreak it or slam it on the floor ...its my choice.
    1. 808mp5's Avatar
      808mp5 -
      I bet their sales actaully went up as soon as yellowsnow came out
    1. Kyle-F's Avatar
      Kyle-F -
      Could someone inform those morons over at Apple that having paid for my phone, it's my right to do as I please. If they don't like what I say or d with my phone, don't impose restrictions and then yell foul!! Blah
    1. sarunas4's Avatar
      sarunas4 -
      wow, whats next, Ford will release that drivers can't mod their mustangs... apple are a bunch of commies, I paid alot of money for this iphone and i'll do whatever the hell I want with it!