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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. MetallicaFan1991's Avatar
      MetallicaFan1991 -
      I knew jailbreaking was illegal last year when you read the terms and conditions of the iPhone software, jailbreaking violated the rules.
    1. billchase2's Avatar
      billchase2 -
      Ha... well, this still won't keep me from pwning my iPhone.

      In that case... I will see you all in jail!

    1. Meche's Avatar
      Meche -
      This is because of Yellowsn0w, they went too far and pissed Apple Off. They fingered the wrong hole. ever wondered why Apple made sudden and silent 2.2.1 update? YellowSn0w !
    1. deejay390's Avatar
      deejay390 -
      I'll tell you the one thing i don't get about this. People are seeing our jailbroken phones, seeing what cool stuff you can do with them and then buying their own. We're boosting apples sales and then their trying to stop us from jailbreaking even though we're helping them!!!
    1. noggin123450's Avatar
      noggin123450 -
      I notice it doesn't say anything about the iPod Touch. I wonder if Apple thinks jailbreaking that is illegal. I could somehow see what Apple is talking about with the iPhone (I still think it is bs though), but if they say jailbreakkng the iPod Touch is illegal, they are crazy. Your iPod Touch is no longer associated with Apple after you buy it (not like the iPhone with a contract), so there is no way Apple could justify jailbreaking the iPod Touch illegal.
    1. ctran's Avatar
      ctran -
      If people buy your iPod Touches and/or iPhone or iPhone 3G, they are officially the consumer's property. They can do anything with it. It's not like you can take it back from them. They paid full value for your phone so you have no control over it. Apple, stop make ******** statements just so you can annoy people and get them to but new ones if it breaks. let them do what they want. especially since everyone pays at least 2/3/4/5 hundred dollars for the piece of technology in the first place. it's like hackintoshes. Psystar is finding a way to get back at you for setting such limits on Mac OS X.
    1. Rescuer's Avatar
      Rescuer -
      maybe i'll care more about DMCA when they stop putting securom on video games when people who buy the games are unable to install them just because they have two cd rom drives, or damon tools installed.
    1. iMack007's Avatar
      iMack007 -
      oh my days.... What is it with corporations these days? Probably 95% of iPhone owners have no mobile technology related idea or don't even care about what jailbreaking enables. The 'hacking' community drives technology that much more forward and certainly won't adversly affect their sales, quite the contrary!
      If Apple us as creative as we like to think they are, why not keep on seeking to innovate based on hackers successful findings and in turn create better devices and make more money??!! The iPhone is literally made up of hundreds of meta-technologies that Apple did NOT invent, but have copied and enhanced. Hypocrites I say!

      I have at least 8 family members who have iPhones and only myself and one other have ours jailbroken. Most people will settle for the basic offerings and a few are willing to sacrifice their time to get more out of their gadgets ...so what?? Intellectual property rights has given way to too much monopolization in this world. I remember Microsoft doing the same thing.

      Blow these large corporations. I will do whatever the he'll I want with my own property, as long as I don't hurt anyone in the process. Jailbreaking an iPhone hurts no one and certainly not Apples sales so screw you Apple. Love your products but hate YOU!
    1. dr.stevil's Avatar
      dr.stevil -
      hahahahahaha

      hahahahahahaha

      hahahahahahahahaha

      and they think this is going to fly? If I modify the engine in my car to make it faster, it will void the warrenty but GM has NO right, legal or otherwise to tell me that I cant (including replacing fuel management software). If I modify my laptop to give it a touch screen, including soldering it into the motherboard PCB, it will void the warrenty, but they cannot tell you no.

      Apple was actually starting to turn me around (I'm a PC guy at heart) but if this is how they want to play, they can keep their crappy hardware/software. I'll go get a G1 and mod it to my hearts content
    1. g12007's Avatar
      g12007 -
      Quote Originally Posted by deejay390 View Post
      I'll tell you the one thing i don't get about this. People are seeing our jailbroken phones, seeing what cool stuff you can do with them and then buying their own. We're boosting apples sales and then their trying to stop us from jailbreaking even though we're helping them!!!
      Well said.. its all BS

      they are trying to put fear in all of us n at the same time they have a **** load of money because of who.....US... i am a Tmo customer and i know damn well i wouldnt have this phone that cost $400 n up if the jailbreak never happen..

      apple can really suck it because they are on top of the cell phone game becuase people see what WE have done and can now do with the phones and ipods
    1. LeechJr's Avatar
      LeechJr -
      Apple says right when they say that iPhone are the most sold cellphone in the world. What helped them to sell that much iPhones? JAILBREAK!! They should encourage and even make it more simple to jailbreak...
    1. reeko's Avatar
      reeko -
      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.
    1. MetallicaFan1991's Avatar
      MetallicaFan1991 -
      Quote Originally Posted by Meche View Post
      This is because of Yellowsn0w, they went too far and pissed Apple Off. They fingered the wrong hole. ever wondered why Apple made sudden and silent 2.2.1 update? YellowSn0w !
      Yeh ALMOST EVERYONE knew the 2.2.1 update was to block the exploit that was used by Yellowsn0w.

      Apple just said "bug fixes" to hide the fact that it was to take down Yellowsn0w!

      It could also be the fact that cracking apps is getting TOTALLY out of hand, I mean everyone I know is using cracked apps. The only way to use cracked apps is by jailbreaking. I read somewhere that more people are using the cracked version of an app than people who actually bought the app, upto 70-30 ratio. That must be a p*ss*ng Apple and the 3rd party devs off.

      I would have NEVER bought the original iPhone(still got it ) if it couldn't have been jailbroken. It was too expensive for what it had back when it came out here in UK.
    1. grmiller's Avatar
      grmiller -
      Dear Apple,

      I have had ipod's, ipod touch and now even two iphone's the 1st gen and now the iphone 3G. I bought the last one here in ****** where I now live for $550 dollars. Dollars, so what I have to say is: HELL YA TRY TO COME AND FIND ME YOU STUPID Edit: language..

      Its my property now and I would love to sue you guys.

      Sincerely,

      A happy apple iphone 3g user!!!
    1. iphonehacker66's Avatar
      iphonehacker66 -
      yeah this is definatly ****** up i mean i dont know if anybody else aggrees but i think we should be able to do what ever we want to any product as long as we take responsability for it if there are problems
    1. Blue's Avatar
      Blue -
      No matter what they say, in Countrys on the european continent Apples user agreement is illegal or better said null and void, because its here against consumers laws.
      So it is legal to jailbreak your iphone.
      Just to let you know.
    1. JStraitiff's Avatar
      JStraitiff -
      the thing is that apple is probobly planning on adding all of the feature that we have eventually but they add them gradually over a bunch of devices so that they can get the money out of it so i can understand why apple is upset but if they still add these new features the truth is i would still buy them even if they are already available just because i love to support apple and they will probably tripple the quality of any of our apps
    1. vedavis's Avatar
      vedavis -
      Where in the hell does Apple think the AppStore came from? I've got a few JB apps that Apple will not allow, but are really productive, and Apple won't let them in the store because they violate blah, blah, blah? Apple must retract.
    1. dr.stevil's Avatar
      dr.stevil -
      Quote Originally Posted by vedavis View Post
      Where in the hell does Apple think the AppStore came from? I've got a few JB apps that Apple will not allow, but are really productive, and Apple won't let them in the store because they violate blah, blah, blah? Apple must retract.
      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
    1. lucas23's Avatar
      lucas23 -
      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