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  • EFF Prevails Over Apple in Jailbreak Showdown



    On Monday, much to the delight of the jailbreak/modding community, the Federal government has reached a decision making it possible for iPhone owners to "legally "break electronic locks on their devices in order to download applications that have not been approved by Apple." Although the questionable "legality" of such actions never inhibited many from doing so, the Federal Government is now formally sanctioning the actions under new rules announced just today.

    This outcome, of course, (which may not necessarily apply to the iPad) is far from an arbitrary development. For well over a year, the EFF (Electronic Frontier Foundation) has lobbied the government to move in this direction. Since Apple formally declared jailbreaking illegal, Rock (who approached EFF first), was promptly joined in support by Saurik, Planetbeing, Cydia, Mozilla, Skype, and others who have openly spoken out in favor of the eventuality that finally set in today.

    Apple (a "jealous and arbitrary feudal lord," according to the EFF) has staunchly opposed Jailbreaking on claims of copyright protection. As a result, the Cupertino-based tech giant has long been at odds with the EFF and its position that consumers should be able to run any application including those that Apple doesn't approve of. Today, however, the Federal Government sided with the EFF and effectively authorized "jailbreaking," which comes as one of a few important new exemptions from a federal law "that prohibits the circumvention of technical measures that control access to copyrighted works."

    Every three years the Library of Congress "authorizes such exemptions to ensure that existing law does not prevent non-infringing use of copyrighted material." Additional exemptions will:

    — allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

    — allow people to break technical protections on video games to investigate or correct security flaws.

    — allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.

    — allow computer owners to bypass the need for external security devices called dongles if the dongle no longer works and cannot be replaced.


    It should be noted, however, as reported by Bloomberg, that iPhone users "still may risk voiding their warranties if they make changes to the device in order to get applications not approved by Apple." That assessment comes from Brian Marshall, a technology analyst with Gleacher & Co in San Francisco. “This happens quite frequently with people who want to change the format on the phone and have more flexibility, but when you do that you void the warranty,” Marshall told Bloomberg.

    Bloomberg
    This article was originally published in forum thread: EFF Prevails Over Apple in Jailbreak Showdown started by Michael Essany View original post
    Comments 122 Comments
    1. eg6motion's Avatar
      eg6motion -
      Quote Originally Posted by mastaryan View Post
      So those that modified their XBox 360 to expand their hard drive are allowed to have their XBox Live Accounts turned back on?
      MS didn't claim it was illegal, they are simply refusing a service that they offer to non modified devices, they are allowed to do this. Similar to apple refusing warranty when you jailbreak or requiring certain apps have newer firmware.
    1. maddawg05's Avatar
      maddawg05 -
      Yeah!!! Take that Crapple. (love your products
    1. romeoz's Avatar
      romeoz -
      Quote Originally Posted by sandstorm77 View Post
      IM not a troll. IM just sick of people asking "when is the jailbreak coming"! If you visit ModMyi often, you will know when its released!
      I've been a member for over 2years. I didn't ask when is it coming...I said release it. U are a troll. If ur tired of people asking than log off ur computer...
    1. Cory Gillmore's Avatar
      Cory Gillmore -
      I wish they would prevent Apple from trying to prevent jailbreak. Now that would be a big story!
    1. tudtran's Avatar
      tudtran -
      Apple is not gonna take this slightly. Good news for us.
    1. bsltiger's Avatar
      bsltiger -
      Are you expanding your hard drive to investigate security flaws? I don't think you'll get that one.
    1. ctrobins's Avatar
      ctrobins -
      Jailbreak.. ... legal??? Oh, I don't want it then.

      JK! I want to load DOS on mine!
    1. taz-tech's Avatar
      taz-tech -
      So, does this mean Apple can no longer brick the phones if folks try to update the OS or apps through iTunes with the jailbreak applied? Can Apple be held liable for 'breaking' a phone that is jailbroken? (puns intended) t
    1. docjr's Avatar
      docjr -
      Quote Originally Posted by cruid View Post
      Why wouldn't you just restore the jailbroken device before sending it back to apple for warranty. Have done this 3 times and my sister has once. It's no big deal they don't have time to check each phone they send you the new one and it's in your hands 3 days later simple. Screw voiding the warranty blah blah everyone is so scared?
      So my wife had some problems with the original 2G iPhone and sent it back in as is. If your devices freezes on you, be sure to reset the phone by holding in both the home and power buttons before you decide to give your hopes up, and if all else fails hold them down until the phone reboots and let go of only the power button, it will go into DFU mode and will allow you to restore your phone. I only say this because I want to make sure that all people relatively new to jailbreaking are aware and don't have to throw away a couple hundred bucks.
    1. Krak4211's Avatar
      Krak4211 -
      I would like to know more about how this applies to the JB iPad. I understand about the iPhone and other cell phones now being legal to BREAK. The iPad is not a cell phone! For that matter neither is the iPod touch. This ruling sounds like iPhones and cell phones are the only LEGAL exemption. iPad and iTouch are still in the gray area. Probably another 3 years of litigation before we find out that ruling. Great news regardless! Thanks Library of Congress for giving Apple the big Fa-Q!
    1. LGgeek's Avatar
      LGgeek -
      Quote Originally Posted by Simon76 View Post
      so if we jailbreak the phone and if there's something wrong with the phone,will its still cover with the warranty
      NO
    1. CMOSlabs's Avatar
      CMOSlabs -
      Hmm, Still voids the Warranty. For 3 years now I have been breaking the Law? Damm, this takes all the fun out of it if its legal now

      Like it really makes a difference if it was illegal. Don't ever remember hearing anyone getting arrested for jailbreaking a iphone.

      Wish I was, it would look great on my resume and background checks

      Oh well, still, its a feather in the hat for the Jailbreaking community !!!
    1. iLaw-One's Avatar
      iLaw-One -
      Hurray to the JB community!!!
      This should serve as a heads-up to Apple that their closed garden approach/ stance fools no one and harms rather than helps their business model...especially as a great number of "approved" apps are totally useless!!

      The jailbreak community lives on
    1. Joseph_Prophet's Avatar
      Joseph_Prophet -
      Yesssss!!! GO EFF!!!
    1. UTPharmer's Avatar
      UTPharmer -
      All I really hope is that this pushes Google to release their apps for the jailbroken community...

      I want Google Latitude and Google Voice!!!! Since they don't have to be Apple approved for legal use anymore, it seems like a fantastically awesome opportunity!!!
    1. CaptainChaos's Avatar
      CaptainChaos -
      So when does this law actually go into effect? I want to call AT&T and let them know that I am unlocking my phone unless they will do it for me. I wonder what they will say? Lol
    1. sh33436's Avatar
      sh33436 -
      that great
    1. iBanks's Avatar
      iBanks -
      Quote Originally Posted by sandstorm77 View Post
      I hope you get a warning for saying that you were first!
      Quote Originally Posted by sandstorm77 View Post
      I think warning should go out to stupid people who think its funny to say "Release the Jailbreak" How was that funny? I am willing to bet no one else will "LOL" your stupid comment!
      LOL. So I'm assuming your two posts were much better than the other two you claim to be stupid huh? And I'm sure your going to lead with the "me having one post mess" but I am formerly known as SiLeNtKiLLa with tripple your posts. But anyhow, this is the best news I've heard all year. Now if only we can get a CDMA version of the iPhone, I'll be good.
    1. VaderForce's Avatar
      VaderForce -
      I suppose this federal law applies to the U.S. only iPhone owners.
    1. highrider17's Avatar
      highrider17 -
      some good news to start off my Monday morning!