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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. reeko's Avatar
      reeko -
      Quote Originally Posted by Eurisko View Post
      Not anytime soon. The Grid requires an fibre-optic connection straight into the home. It will not allow a copper connection or trunk line to connect to it. That would simply slow everything else down. That's why its currently only available to businesses, science labs, universities, etc...
      They started rolling it out, as you say, to business, science labs, schools/universitiess etc. last September here in the UK
    1. Eurisko's Avatar
      Eurisko -
      Yup. They actually built it so they could crunch the data from the new particle accelerator, there was nothing current that could download it fast enough. One day we'll all have it. Just takes money.
    1. boe_dye's Avatar
      boe_dye -
      Quote Originally Posted by Eurisko View Post
      Not anytime soon. The Grid requires an fibre-optic connection straight into the home. It will not allow a copper connection or trunk line to connect to it. That would simply slow everything else down. That's why its currently only available to businesses, science labs, universities, etc...
      In my area, we've had Fibre Optic cable installed for the past 15 years now, it just wasn't used for the internet.

      When I was having some work done on my phone lines I was talking to the guy about it.

      Also, the entire town down the road was just wired with fibre optic about 4 years ago, and I believe that Pittsburgh was wired with it about 5 or 6 years ago.

      Besides, we don't even need "the grid", this fellow did it with an existing infrastructure.

      FOXNews.com - Swedish Woman, 75, Has World's Fastest Broadband Connection - Science News | Science & Technology | Technology News
    1. The Digital Alchemist's Avatar
      The Digital Alchemist -
      I haven't been arrested yet...
    1. srob91's Avatar
      srob91 -
      Quote Originally Posted by Broomhead View Post
      Apple needs to quit trying to be a bully. It doesn't suit them
      yes, thats microsofts job!!
    1. bejito's Avatar
      bejito -
      We are the costumers, we are the kings, we are the rules
    1. radiomean's Avatar
      radiomean -
      They are a bunch of tinpot hitlers..

      (Apple that is..)

      Pity they make nice gadgets..
    1. reeko's Avatar
      reeko -
      Quote Originally Posted by bejito View Post
      We are the costumers, we are the kings, we are the rules
      POWER to the 'costumers'.
    1. devteamtools's Avatar
      devteamtools -
      Obviously they don't know their on legal terms (under settings on your iphone). it clearly states that you have the right to modify the software as you please as long as you dont take advantage of the author's name or use the modified software for money. READ WHAT YOU WRITE APPLE! You are basically going against yourself.
    1. Bar1no's Avatar
      Bar1no -
      Its not illegal anymore, yee-haw
    1. cymolia's Avatar
      cymolia -
      yea suck it apple :thefinger:
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by Bar1no View Post
      Its not illegal anymore, yee-haw
      It never was!
    1. Raddpuppy's Avatar
      Raddpuppy -
      If jailbreaking was declared to be legal, then how is it legal for apple to release an update making it where I can't, and then removing the choice to downgrade to 4.0.1. If jailbreak is legal I think it seems illegal to take away my option of doing it. Opinions?
    1. confucious's Avatar
      confucious -
      What strange logic.
      Apple closed a security hole. That is all.
      Just because it is not illegal to JB does not mean Apple have to leave security flaws.
    1. Os7.1.0's Avatar
      Os7.1.0 -
      If they r try to stop jailbreak means
      1.stoping the line infront of the apple store when they lauch.
      2.stop selling iphone on ebay for $600.
      3.trying to force jailbreak community to another open source.
      Heck u apple.
    1. Raddpuppy's Avatar
      Raddpuppy -
      I was just asking, I'm not a lawyer. My question on the legality was making so I could not downgrade. However I'm guessing by screwing up and updating my phone I agreed to it.
    1. Starint's Avatar
      Starint -
      Yeah, freaking Apple /S Jobs - super mooch,can't even change his $1 dirty Levis and sneakers.Wants us all in slavery with his accomplice ATT..No wonder if ATT provides him huge cut every month under the table..These homo sapiens have nothing sacrid -only GREED
    1. reanimationxp's Avatar
      reanimationxp -
      Quote Originally Posted by os7.1.0 View Post
      if they r try to stop jailbreak means
      1.stoping the line infront of the apple store when they lauch.
      2.stop selling iphone on ebay for $600.
      3.trying to force jailbreak community to another open source.
      Heck u apple.
      lolwut