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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. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by ownerofspam View Post
      Psht. If only Saurik would have been there with them.

      "Hi, we're here to represent Rock Your Phone. To my right, is Saurik. And even though you'll spend more time at a "Reloading Data" screen than you will installing apps using his marketplace then you will using ours, I would like to point out that he has an epic beard, and Steve Jobs, doesn't. Who would you want managing your iPhone Applications, Beardless Jobs, or Epic Beard Saurik?"
      Say what you want about Cydia load times but in my opinion, and most others, Rock is pure junk. Amen to the choice but I choose not to install any trash from Rock.
    1. ecd5000's Avatar
      ecd5000 -
      having cydia and rock available like that would be, to say the least amazing. just imagining the day your brand new stock iphone comes with cydia and rock installed next to the app store. one can dream right?
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by BboyAirrick View Post
      Sweeet.....cydia on the app store? Awesome possum!
      That will not happen any time soon.....Never say never but.....NEVER.
    1. skater38053's Avatar
      skater38053 -
      Quote Originally Posted by Darkflame View Post

      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

      I would be the first
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by thevmax View Post
      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?!?
      They never claim to own your device they just own the software you use to run the device. Software you are using as part of a license you agreed to.
    1. LxNos7's Avatar
      LxNos7 -
      i think jailbreaking has become mainstream. it can be a good and or bad thing. :/
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by SnowLeo View Post
      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?
      I'm pretty sure that was just something geohot said he was coming up with.
    1. gtag's Avatar
      gtag -
      Those guy's have stones!!! Good for them!!

      I'm 100% for Jailbreaking and Unlocking, my question is will these guy's take responsibility for apps being distributed through their store? Although Apple has monopoly on the app distribution they take some responsibility on the content. My fear is only regarding viruses and information protection. Although illegal copy of copyrighted programs also deserves protection.
    1. bcclegg's Avatar
      bcclegg -
      woow. Apple could be metaphorically "pwned" if the congressional higher-ups back rock's case for a freer app market. The precedent was set with Microsoft so they do have a good leg to stand on in their case. I just hope rock has enough political power to make it a significant enough issue for congress to take action.
    1. rhekt's Avatar
      rhekt -
      Quote Originally Posted by SnowLeo View Post
      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.........
      It was George Hotz doosh bag...by the way, all he did was say " hey. I've got this really cool thing. I know it and you don't. I won't proove it but it's really true. And by the way you can't have it because I won't release it." then he goes on to cry and complain how everyone is sooooo mean to him and he doesn't know why and then he says " SCREW YOU GUYS.... I'm going home"...[f4gg0t]
    1. pjbtk's Avatar
      pjbtk -
      lol thank god the govt smacked some sense into apple
    1. mikerlx's Avatar
      mikerlx -
      This changes everything. Pro-the general public will not have to wait for jailbreaks like we had to wait for 0.93...that won't happen. Con-apple will simply unlock the phone for u and cydia will be optional since they unlock it in other countries.
    1. Trooper Sam's Avatar
      Trooper Sam -
      I had been speculating about the jailbreak declaration, and about how it might lead to some bigger players in the market. I had, however, failed to add two and two and come up with the result of four. Apple's behavior is hugely anti-competitive...it's quite nearly a slam dunk!
    1. smooth22's Avatar
      smooth22 -
      We all know apple wants it there way or the highway, but anyway if apple was a lil bit smarter they would include all jailbreak apps and themes into there app store and if there so afraid it will slow down there iDevices they should put a warning that says this app or theme may slow down there device install at your own risk not responsible for malfunctions once installed and apple makes more money and calls it a day. that's if apple was a lil bit smarter.
    1. Freerunnering's Avatar
      Freerunnering -
      Quote Originally Posted by javiert30 View Post
      Cydia and Rock your phone on app store, that will be great...
      I doubt apple would include them in the appstore.
      But if this did happen they'd probably just make it possible to drag and drap apps into iTunes and install them to your system partition (where cydia apps go now in /Applications) but would hide the feature from any feature lists so that most people wouldn't now they could.

      Then we'd just need to go download the newest version of Cydia and sync it over with iTunes instead of downloading the newest jailbreaking tools.

      The interesting thing with this over all the other "no need for a jailbreak anymore" stories is that because they've gone to the US government and are using the argument that there are other AppStores but unless jailbroken Apple has 100% control over a $1.3 billion/year market this could happen, (governments like ordering monopolies around).
    1. Antman217's Avatar
      Antman217 -
      Can someone please tell me what's so bad about rock cuz I've been using it for about a year and I have had no problems. (except for that one diskdev-cmd problem which was quickly fixed)
    1. stfudvs's Avatar
      stfudvs -
      apple would never publish cydia in the appstore. If forced, they may allow a way to install it through itunes, but it would definitely required user knowledge rather than "oh, cool! free app!".

      but then again if is about freedom then whos to say something better than itunes wont come arround
    1. floppy_joe's Avatar
      floppy_joe -
      If The great book Atlas Shrugged were rewritten today, it could be called Apple Shrugged.
    1. Shishir G's Avatar
      Shishir G -
      If Cydia is available wtf is the point of the App Store?

      Quote Originally Posted by smooth22 View Post
      We all know apple wants it there way or the highway, but anyway if apple was a lil bit smarter they would include all jailbreak apps and themes into there app store and if there so afraid it will slow down there iDevices they should put a warning that says this app or theme may slow down there device install at your own risk not responsible for malfunctions once installed and apple makes more money and calls it a day. that's if apple was a lil bit smarter.
      If Apple was gonna allow Cydia by themselves, they would fix their hardware to run along side with it without slowing down.
      The only reason cydia slows down your iDevice is because its not made for the device, if it was it wouldn't be.
    1. floppy_joe's Avatar
      floppy_joe -

      The alleged purpose of the Antitrust laws was to protect competition; that purpose was based on the socialistic fallacy that a free, unregulated market will inevitably lead to the establishment of coercive monopolies. But, in fact, no coercive monopoly has ever been or ever can be established by means of free trade on a free market. Every coercive monopoly was created by government intervention into the economy: by special privileges, such as franchises or subsidies, which closed the entry of competitors into a given field, by legislative action. (For a full demonstration of this fact, I refer you to the works of the best economists.)

      The Objectivist Newsletter “Antitrust: The Rule of Unreason,”
      The Objectivist Newsletter, Feb. 1962, 5.

      A “coercive monopoly” is a business concern that can set its prices and production policies independent of the market, with immunity from competition, from the law of supply and demand. An economy dominated by such monopolies would be rigid and stagnant.

      The necessary precondition of a coercive monopoly is closed entry—the barring of all competing producers from a given field. This can be accomplished only by an act of government intervention, in the form of special regulations, subsidies, or franchises. Without government assistance, it is impossible for a would-be monopolist to set and maintain his prices and production policies independent of the rest of the economy. For if he attempted to set his prices and production at a level that would yield profits to new entrants significantly above those available in other fields, competitors would be sure to invade his industry.

      Capitalism: The Unknown Ideal “Antitrust,” Capitalism: The Unknown Ideal, 68.

      If you ask me to name the proudest distinction of Americans, I would choose- because it contains all the others- the fact that they were the people who created the phrase "to make money". No other language or nation had ever used these words before; men had always thought of wealth as a static quantity- to be seized, begged, inherited, shared, looted or obtained as a favor. Americans were the first to understand that wealth has to be created. -Atlas Shrugged

      In short, dont like it, then do better. Compete. Or don't pay. Just don't cry that it is unfair.