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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. OneRing2Rule's Avatar
      OneRing2Rule -
      Apple.
      Can.
      Kiss.
      My.
      *****.

      Twice, once for each cheek.
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by A.T View Post
      Why would someone have MySMS on an iPod Touch?
      If I had an ipod Touch I'd have MySMS BECAUSE I CAN!



    1. Luded83's Avatar
      Luded83 -
      This new stand by Apple is spreading fast. I just read a press release from Fruity Pebbles stating: It is now illegal to add milk to the cereal because it alters the crisp and taste of their property. Buyers beware...

      I have a feeling this stance by Apple is more because of future revenue. Apple knows what is wrong with their phones and i have a feeling they intended on adding such essentials as MMS, landscape texting, and the ability to completely customize the phone with future models. Give the consumer something they think they want, let them realize what they really do want and make more money by finally giving it to them.
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      This thread is absolutely hilarious for all the wrong reasons. Between the horrible analogies and the flat out stupid examples, the comedy is reaching a critical limit.
    1. jetlorider's Avatar
      jetlorider -
      police state!!!

      welcome to digital police world

      fudge these nerds at Apple.....jailbreaking an iphone is a close as I can get of being a hacker/cracker...no way they going to take that from us.
    1. movalwebmaster's Avatar
      movalwebmaster -
      say what you wanna say, and let apple try to swing their fists at you to scare you off, hacking, jailbreaking, modification of any modern technology will always happen, and will always continue to =]

      now go enjoy your iphones anyway u choose =]

      say what you wanna say, and let apple try to swing their fists at you to scare you off, hacking, jailbreaking, modification of any modern technology will always happen, and will always continue to =]

      now go enjoy your iphones anyway u choose =]
    1. bengo's Avatar
      bengo -
      Unfortunately, what they're probably going to do is not go after the people who jailbreak their phones, but after sites like modmyi.com, take them to court and hope they can't afford the lawyers thus shutting them down. Hopefully that doesn't happen >.<

      Anyway, they're making the Palm Pre more and more attractive with every day that passes.
    1. NakedFaerie's Avatar
      NakedFaerie -
      Quote Originally Posted by nictoo2 View Post
      My jailbroken ipod touch wont turn on!!!!!
      It happened after this was announced!!
      Dont jailbreak!!!!!!
      Un Jailbreak now!!
      Hello Steve Jobs. Your a tosser.



      Its like this.
      Iphone + Jailbreak = sales
      360 + modded firmware = sales
      PS3 + ....nothing = LESS SALES
      Wii + modchip = sales

      So, iPhone + NO JAILBREAK = less sales, crap phone, choose a better phone.

      If they do make jailbreaking illegal you will notice a drop in iphone sales.
      I also think Apple want to make jailbreaking illegal as you can block thier kill apps signal they have.
      They can send out that kill app message as many times to my phone but as long as the block is there they cant do a thing about it. If its not jailbraked then they can delete apps at thier will. That whould be illegal. They will end up removing apps you paid for because they can.

      This is another reason why I will never buy anything Apple in the future.
      I also think with this mentallity from Apple there will be a few MAC users getting PCs in the new future. Why have a company doing that to thier users? Where is the old saying gone "The customer is always right" as it looks like Apple is thinking all its customers are thieves and hackers.

      As 90% if the replies here say and I will too.... F*** You Apple.
    1. derrickb16's Avatar
      derrickb16 -
      Screw what apple is saying we all "paid" for iphone so it's now our property I'm not renting nor leasing my phone so screw them

      I mean its not like the police is going to bust down millions of peoples doors and arrest them for it what could really happen? this is one of the funnest things ever

      Police: Sir, is there anything illegal on you that I need to know about?
      Me: No, all I have is my iPhone
      Police: Sir is this iPhone jailbroken?!
      Me: uh....yes
      Police: Sir You have the rights to remain silent anything you say can and will be used against you in the court of law
      Me: wtf did I do?!
    1. ninthchamber99's Avatar
      ninthchamber99 -
      "This new stand by Apple is spreading fast. I just read a press release from Fruity Pebbles stating: It is now illegal to add milk to the cereal because it alters the crisp and taste of their property. Buyers beware..."



      This was by far the funniest thing I read all day!! I started spitting my drink out as I read this. I think everyone has pretty much said everything I feel.
    1. WISH59's Avatar
      WISH59 -
      i honestly cant see why apple is complaing its get a mess load of more money for the ppl that buy the iphone for the sole purpose of jailbreaking there 600 dollar toy and taking advantage of all it has to offer and besides they're are still making money!!!!
    1. Broomhead's Avatar
      Broomhead -
      Quote Originally Posted by Luded83 View Post
      This new stand by Apple is spreading fast. I just read a press release from Fruity Pebbles stating: It is now illegal to add milk to the cereal because it alters the crisp and taste of their property. Buyers beware...
      lmao..Thanks I needed that
    1. msb2008's Avatar
      msb2008 -
      lol selling the iphone for 400-500$ and then putting restriction on as well!!! it doesn't really make sense. the only thing that should come with iphone must be the user manual not the restriction manual.
    1. boe_dye's Avatar
      boe_dye -
      Quote Originally Posted by Happy Noodle Boy View Post
      This thread is absolutely hilarious for all the wrong reasons. Between the horrible analogies and the flat out stupid examples, the comedy is reaching a critical limit.
      Im not following...
    1. designgears's Avatar
      designgears -
      Quote Originally Posted by boe_dye View Post
      Im not following...
      I think you are what he is talking about.


      but really, simple fact, apple is making money on the hardware, jailbroken or not, they could careless about you jailbreaking, but you start stealing paid apps they care, and to me it seems like that's what this is aimed at. stop you from jailbreaking, stop you from stealing and installing paid apps.

      AT&T doesn't care, the latest firmware blocked unlocking again. Now if you waited and did what the dev team said then you are fine there. New iPhones are hit and miss now, most of them here at 2.2.1 out of the box. Even the tech ppl help us setup our iphone off of the iphone plans and getting mms working.
    1. iChopPryde's Avatar
      iChopPryde -
      Quote Originally Posted by spazdad24 View Post
      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
      Completely disagree with you, iPhone has actually opened the market into phones allowing a mass of awesome abilities most people who make a phone example palm then have to get it on a network like AT&T then usually AT&T will say cool phone but take out this this and this because and disable this this and this feature .... so then Palm or any other maker even if the phone was cool to begin with but ath networks never wanted a phone to have all abilities cause they you wont need another phone then the iPhone came out breaking all these rules and taking charge of there own phone instead of AT&T being the front head of the phone if you know what i mean and now other companies are following the same path the makers of the phone make the phone and the networks just support the phone!
    1. Jordo_6's Avatar
      Jordo_6 -
      My iPhone is 1 step away from being perfect, it does everything I want thanks to jailbreaking.

      one thing I would like is a nice all in one sms/mms etc sender, I don't like having more than one app just to do nearly the same thing.

      but even so without jailbreaking. the iPhone is nice, but not awesome.

      It just can't do everything without it.

      I think lots of people would still buy knowing they can make the iPhone better by jailbreaking which means more money for Apple.

      But if Apple want jailbreaking illegal, people might not buy a iPhone knowing that they can't legally make the phone do what they want.

      And what does that mean? no money for Apple.
    1. afgracer's Avatar
      afgracer -
      my point of view is...."jealous",-----apple is jealous....

      because...

      1. we could do more with r phones then they take out on there buggy updates lol

      2. dev teams.big boss..etc...doing a better job taking out utilities thats apple cant think of...lol

      3.and plus apple looks at all the stuff that iphone could do jailbroken...and copys it...example jailbroken then (insatller)
      then apple says wow we should do somthing like that too -->and lets call it(app store)

      4.i dont think apple is going to make jailbreaken illegal...they will loose big money....there not that DuMb?
    1. realzg's Avatar
      realzg -
      iI agree with royalnewjersey on this jailbreaking and unlocking to diff things but ..., u still gotta moddify the bb witch apple states is a no no, but listen and read to the last 3 paragraphs of the post .., this all will be a cat and mouse game till the day we die
    1. boe_dye's Avatar
      boe_dye -
      Looks like this little nobody is going to be the first carted off to jail...

      ...oh well, at least it wasn't anyone important...

      [ame=http://www.youtube.com/watch?v=F1PIzicju_I]YouTube - Steve Wozniak uses hacked Iphone[/ame]

      and another one...

      Viddler.com - Screen Grab: Woz hacks Kathy Griffin's iPhone... on TV - Uploaded by engadget

      (this guys a real freaking menace...)

      http://www.appstore.ca/wp-content/up...eve_steved.jpg