• Your favorite

    Apple

    ,

    iPhone

    ,

    iPad

    ,

    iOS

    ,
    Jailbreak
    , and
    Cydia
    site.
  • 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. Sonic1213's Avatar
      Sonic1213 -
      How is this going to work? Is AT&T or apple going to jb the devices? Or offer the software? Any details? Please let me know.
    1. billmilo's Avatar
      billmilo -
      Quote Originally Posted by Sonic1213 View Post
      How is this going to work? Is AT&T or apple going to jb the devices? Or offer the software? Any details? Please let me know.
      Nothing is going to change. This decision reinforces the common held view that jailbreaking is not illegal. ATT and Apple are not forced under this ruling, to provide you an unlocked device.

      This is a positive decision but not revolutionary.
    1. drstalint63's Avatar
      drstalint63 -
      More fun for app makers who got kicked out of app store.
    1. coolguy742's Avatar
      coolguy742 -
      YAY ! Apple is going to love this...
    1. barryson77's Avatar
      barryson77 -
      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
      cant u read?
    1. santacruzlocal's Avatar
      santacruzlocal -
      Good for us, but this should have never gotten this far in the first place !!!
    1. Doran's Avatar
      Doran -
      Quote Originally Posted by Krak4211 View Post
      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!
      I don't recall any fussin' by Apple over a jailbroken iPad or iPod, I always thought it was hypocritical of them to just target the iPhone.
    1. monkeyboyhero's Avatar
      monkeyboyhero -
      Does anyone know what - if any - ramifications this will have to people outside the US? I'm in the UK, so not sure if this impinges on us?
    1. santiagodraco's Avatar
      santiagodraco -
      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?

      I can see the documentary filmakers (Michael Moore) having a hay-day with using DVD clips for upcoming documentaries. This one will be an issue I believe for filmmakers in the long run. College professors already use material that's copyright already.
      Unlikely since they will be using the "documentaries" for commercial purposes which is not permitted by the change to the law. Somehow I don't see Michael Moore doing his stuff for schools only....
    1. The Maestro's Avatar
      The Maestro -
      Quote Originally Posted by monkeyboyhero View Post
      Does anyone know what - if any - ramifications this will have to people outside the US? I'm in the UK, so not sure if this impinges on us?
      I don't think this will effect you guys unless apple feels the need to update there own TOA as a result

      Are you guys able to unlock your phones?
    1. santiagodraco's Avatar
      santiagodraco -
      Quote Originally Posted by Krak4211 View Post
      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!
      Well the iPad 3g IS a cell phone for all intents and purposes. I'd imagine it probably is a fully functional phone as well... just turned off in firmware. But it uses the cellular network for data.... so I'd think it would qualify.
    1. whereswaldo's Avatar
      whereswaldo -
      Good
    1. area51crypto's Avatar
      area51crypto -
      Quote Originally Posted by The Maestro View Post
      Unlocking is legal? I wish we could force AT&T to give us unlock access
      Thats next!
    1. kuhndsn's Avatar
      kuhndsn -
      Quote Originally Posted by alexevo View Post
      I like that the consumers have finally gotten a victory but lets be honest. How many of us are really going to copy Call of Duty Black Ops to "investigate flaws and security concerns" rather than just give the copy to our buddies so we can all play on Xbox Live?

      This just adds fuel to the fire and will likely cause Apple to make it increasingly difficult to jailbreak and unlock iPhones.

      This says it allows users to break access controls. It doesn't say that Apple has to A. make it easy, B. give you access, or C. assist you in any way. Meaning Apple will give everyone the big F YOU and pour tons of resources into making unlocking so difficult that everyone just ends up staying on AT&T. Plus what good is EDGE on T-Mobile. Do you REALLY want slow data speeds on a smaller carrier that bad?
      The lock is not n APPLE thing its an ATT, Verizon Sprint...pretty much the entire US market. This is a win for all "locked devices" In Europe I was able to get my iPhone unlocked from T-Mobile (germany's iPhone carrier). This rule will hopefully spark carriers to auto unlock a device after a set time in the contract like everywhere else around the world. Basically a step forward to present times...

      The Jailbreak is a different story that has nothing to do with unlock.

      Quote Originally Posted by Sonic1213 View Post
      How is this going to work? Is AT&T or apple going to jb the devices? Or offer the software? Any details? Please let me know.
      Jailbreak is totally different from Unlock... Unlock is carrier (ATT) Jailbreak is Software Operating system...
    1. Clatchy's Avatar
      Clatchy -
      Epic!
    1. kuhndsn's Avatar
      kuhndsn -
      Quote Originally Posted by area51crypto View Post
      Thats next!

      I believe so... All my iPhones including my i4 is permanently unlocked regardless of upgrading or not... This was done by t-mobile carrier (Europe) soon the US could follow suit like in EU... That would be great...
    1. Joe270's Avatar
      Joe270 -
      This is great news however, I believe the FCC should force phone manufactures to release unlock codes. Especially when the customer has fulfilled the contract or if the customer purchased the phone unsubsidized. Apple is the only phone manufacture that I know that refuses to release the unlock code.
    1. ecd5000's Avatar
      ecd5000 -
      Quote Originally Posted by romeoz View Post
      Release the jailbreak. Lol.
      shut up. besides this moron this is great.
    1. treble26's Avatar
      treble26 -
      hahaha this is great!
    1. C-dub's Avatar
      C-dub -
      Quote Originally Posted by billmilo View Post
      This is a great win for all of us. Not only does this remove jailbreaking from the gray area of the law but it removes the suspicion by many regulars users about jailbreaking.

      Next time the blond chick in my class asks me about jailbreaking I will be able to tell her: it is fully legal and permitted by federal law.

      That may push her to JB her phone thus increasing demand for JB apps and JB software. With demand comes more availbility

      And moves you a little closer to her panties!