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  • Jailbreakers to Apple: “This is only the beginning...”


    There are 100 million iDevice users in the world. The U.S. Copyright Office Monday had a huge ruling for the jailbreak community, and in fact all iDevice users and developers - officially declaring jailbreak legal. Of course - there's still work to be done. Monday's ruling was a solid first step, but the road to an open mobile app market has some asphalt left to traverse.

    The mobile app market is dominated by the iPhone. The Android market is estimated to do only 10% of the App Store's 2010 income. There are a few smatterings of mobile app stores (huh? what's a Pre?), but nothing coming close to Apple's share and position. If you want innovative, easy to use, cool apps - you need an iPhone. It's where the talent has set up shop.

    Here's the thing - Monday says jailbreaking is legal. But with each firmware Apple breaks the jailbreak solution, erases jailbreakers' installed apps, and makes it more difficult to jailbreak the next firmware. New hardware checks in the iPhone 3G[S] and iPhone 4 are great examples of this continued anti-competitive behavior. Now - the jailbreak is obviously exploiting a security hole, so Apple is within their rights (and arguably within their RESPONSIBILITY) to patch these holes. The ultimate goal? No need for a jailbreak - being able to, say, install Cydia or Rock simply by dragging it into iTunes.

    Rock Your Phone, an independent iPhone App Store which markets apps to jailbreakers (you're familiar), has already begun the next step in our shared battle to stop Apple from restricting access to independent apps for all iPhone consumers. This week, Rock Your Phone’s President, Mario Ciabarra, and its Chief Legal Officer, Joshua Horenstein, took the cause of the independent iPhone community to the U.S. Congress with Public Knowledge, a national public interest organization dedicated to providing open and free access in the communication and technology industries. The Rock Your Phone and Public Knowledge team spent this week meeting with the offices of over a dozen Congressional leaders, including those from the Commerce committees in both the House and the Senate, to educate them about Apple’s harmful anti-jailbreak activities in the mobile application marketplace.

    Ciabarra and Horenstein spent a (very) full week meeting with these key Congressional staff members, explaining and describing Apple’s current monopoly in the mobile application market place and its harmful effects on consumers and small businesses. I chatted with Ciabarra while he was there, and he was impressed with the responses. “U.S. leaders have been open to learning more about this rapidly growing sector of the economy and the actions of Apple to control this sector,” he said. These guys also emphasized another point - because the mobile application market has grown to such as significant size in the last two years (over $1.3 billion in sales) and because Apple, a single monopolistic entity, clearly dominates and controls this market to the detriment of large and small businesses, this is now ripe for oversight and review by Congress and the U.S. government.

    The major issue is Apple is 100% in control of this market. Ciabarra makes a good point to Congress - "giving a single entity control of what succeeds in an entire industry just does not make sense. Apple is using their monopoly to control content and technology in the app market industry and is harming consumers, small businesses like ours, and big businesses such as Mozilla, Skype, Google, and Adobe.” Rock Your Phone and the Public Knowledge team petitioned Congressional leaders for Congressional hearings attended by all interested parties to review and analyze the mobile application marketplace and Apple’s restrictions on the iPhone platform. “We’ve seen this before in the 1990’s with Microsoft. Monopoly power is not a bad thing, but when it is used to lock out competition to detriment of consumers and small businesses, we need government action to create and preserve a free and competitive marketplace. Only under these circumstances can the market ensure prices which reflect true costs, and also ensure that consumers make efficient economic choices regarding which technology and content satisfies their needs.”

    In other words - it's my pocket computer. Let me install what I want, and stop deleting it with every update.

    You can check out the full presentation the Rock Your Phone crew made to the various Congressional offices here.
    This article was originally published in forum thread: Jailbreakers to Apple: “This is only the beginning...” started by Kyle Matthews View original post
    Comments 135 Comments
    1. rhekt's Avatar
      rhekt -
      Unfortunately I believe this kind of action will also bring an end to the use of apps like MYWI without incurring additional monthly fees. True*?
    1. jaystar's Avatar
      jaystar -
      if this would happen apple will charge us so much for cydia but making the ppl that put apps up on cydia very rich
    1. moon#pie's Avatar
      moon#pie -
      Quote Originally Posted by Dizi View Post
      Exactly my point. So far, nobody has. Which I'm sure gives Steve Jobs a big giant orgasm every nite.
      iphone 4 jailbreak is likely going to be out this week.

      Jeez, devs are damned if they release a jailbreak too soon and it causes problems, and they're damned if they make sure it works first.

      Remember: THEY DO THIS FOR FREE!!!!
    1. Alex.sebenski's Avatar
      Alex.sebenski -
      I'm glad some body is fighting for this. It's truly a monopoly and it's just wrong. Great comparison to microsoft. Open source work on the iPhone would result in incredible stuff. The hardware is amazing. The OS ground work is great. With a jailbreak there's no question which smartphone is the best in the world. More people should be able to experience it.
    1. BboyAirrick's Avatar
      BboyAirrick -
      Sweeet.....cydia on the app store? Awesome possum!
    1. awesomeSlayer's Avatar
      awesomeSlayer -
      If Apple give us unrestricted access, Apple wouldn't have to worry about jailbreak.

      This may change jailbreak history...
    1. tudtran's Avatar
      tudtran -
      This is old news. We all know jailbreak is now legal, but where is the jailbreak?
    1. Nickaroni22's Avatar
      Nickaroni22 -
      Great news, the government taking the hackers side, gotta love it!!!
      Our iPhone's let us do what I want with it!!!

      Quote Originally Posted by Dizi View Post
      Exactly my point. So far, nobody has. Which I'm sure gives Steve Jobs a big giant orgasm every nite.
      LMAO I'm sure Steve thinks he has a leg up on the Devs. What has been the average time between the release and the jailbreak time in the past?
    1. thevmax's Avatar
      thevmax -
      I buy "something".
      I think it is "mine"!
      But, wait..."NO" I am told, it belongs to the company that made it?
      How is this even possible?!?
    1. area51crypto's Avatar
      area51crypto -
      Quote Originally Posted by jaystar View Post
      if this would happen apple will charge us so much for cydia but making the ppl that put apps up on cydia very rich
      I must be looking at this all wrong as Apple could not charge for Cydia as I forsee Cydia, Rock, and others as stand alones just like the App Store and installable on non jailbroken iphones!

      Its just like installing non Apple software on a Mac!

      And I believe this will happen!
    1. SnowLeo's Avatar
      SnowLeo -
      Didnt comex or one of the dev team guys say they may have found a way to use an exploit that apple wouldnt be able to fix in a software update? If thats coming tomarrow or any time in the near future not only would it not be nessisary to put it in the app store but I might just sh*t myself lol.
      If it werent for jailbreaking i would have a life. lol kidding.
      If it werent for jailbreaking i would have a droid X.
      If it werent for hackintoshing i would have a mac. lol lovin my os x netbook.
      If it werent for jailbreaking I wouldnt have an ipad.
      Any other reasons why apple trying to stop jailbreaking is only hurting themselves?
      If apple allowed things like streaming full music from the beggining limewire wouldnt exist.
      If apple allowes jailbreaking from the begginning xsellize wouldnt exist.
      If apple allowed the sharing of apps with people ********** wouldnt exist.
      All in all apples sandbox anti piracy emperor bullsh*t is what brought about piracy in massive levels and turned away people and potential of their devices with the piracy costing billions more than it should between songs movies and apps.
      If apple allowed multiple carriers in the US from the begginning...... my dad might actually be able to SUPPORT MY DAMN FAMILY AND PAY FOR MY COLLEGE(he owns 2 verizon indirect agents)
    1. editwizard's Avatar
      editwizard -
      Quote Originally Posted by Dizi View Post
      I think the fact that a JB for i4 mass consumption hasn't been realized yet shows that Apple is onto something. Are the days of instant JB over? Another day goes by..
      They always find a way'
    1. mortopher's Avatar
      mortopher -
      Shame it wasn't Saurik, RockApp is crap.
    1. trevorrawson's Avatar
      trevorrawson -
      My only fear in this is getting the government involved. Why can't we settle things on our own anymore? Us crying out for this only leads to one more thing the government will have it's hands in. And since they do a poor job running pretty much everything else, if they get involved this too will soon go to hell in a hand-basket. What sad times...
    1. Darkflame's Avatar
      Darkflame -
      Poor Steve is gonna need more turtle necks to hide the scars of his failed attempts at hanging himself now that his beloved brain child can legally be deflowered at will.

      What I want to know is now that it's legal to to jailbreak your device if apple can turn you down for warranty because of it. It's just like auto makers and how they can not turn down warranty coverage just for using outside mechanics or third party parts (provided they are compatible).

      Lastly, if you submit your device for whatever reason and they decide to remove your jailbreak that you legally placed on there I wonder how long till someone tries to sue apple over it... Considering we do live in a sue all society! LOL
    1. smuggler's Avatar
      smuggler -
      Smart move on apple's part, but now they're gonna have to face the consequences of their actions
    1. plumoso's Avatar
      plumoso -
      Cydia in the app store will be a dream come true
    1. Cowboy's Avatar
      Cowboy -
      I will be in shock of this happens
    1. High_Voltage's Avatar
      High_Voltage -
      there has to be a catch or disadvantage to Having Cydia in the Appstore somewhere... I like to keep Cydia in the Jailbreaking Community in my opinion, I lUv having the feeling of Jailbreaking the Rules!
    1. Alphaman's Avatar
      Alphaman -
      I wish people would stop saying that "jailbreaking is now legal". It's not. All the Copyright Office has said is they're not going to prosecute jailbreakers.

      "Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) until the conclusion of the next rulemaking."

      U.S. Copyright Office - Anticircumvention Rulemaking

      And with "the next rulemaking", they may change their mind and start prosecuting people again.

      And nothing in this policy says that Apple can't prosecute jailbreakers for violating their license agreement.

      This isn't the big deal the EFF is trying to make it out to be. It's one small victory in a long, long battle, and kudos to the EFF et al for their efforts. But there's still a long way to go.