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  • Apple Going After Jailbreakers Again... NOT.


    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling. It then got picked up by WECT-TV, the Mac blogosphere, and - ouch - me. h/t @mrpauldurden via @MuscleNerd. Self-pwned, -PDA]

    Despite losing in court last year, Apple is still trying to crack down on jailbreakers and unlockers. This time, they're asking the US Copyright Office for help, using specious arguments about software piracy and copyright infringement. Though these arguments are not new, and had been rejected by federal regulators in last July's decision, it's clearly Apple's hope that if they complain loudly enough and frequently enough, eventually they'll either find a venue where they'll get a favorable ruling, or scare people away from making modifications to their own devices without Apple's sanction.

    The Librarian of Congress, who oversees the US Copyright Office, released new exemptions to the Digital Copyright Millennium Act last year which ruled that jailbreaking or unlocking an iPhone or any other device is not illegal. The ruling was clear and unambiguous, and even went so far as to state that there was "no basis for copyright law to assist Apple in protecting its restrictive business model." In a response almost childlike in its vindictiveness, Apple then released a statement vowing to void the warranty of jailbroken or unlocked devices, which is an action that is still permitted under the law, but seemingly aimed more at intimidating users than providing product support.

    Today - in an NBC news report that rather typically confuses jailbreaking, unlocking, and pirating - we're learning that Apple has directly approached the Copyright Office asking them to crack down on the practice of jailbreaking, saying in part that "current jailbreak technologies now in widespread use utilize unauthorized modifications to the copyrighted bootloader and operating system, resulting in the infringement of the copyrights in those programs." This gambit comes despite the fact that the Copyright Office explicitly stated in July that "while a copyright owner might try to restrict the programs that can be run on a particular operating system, copyright law is not the vehicle for imposition of such restrictions."

    Even if Apple fails once again to legally sanction users who want to modify the devices they have bought and paid for, the mere request itself may serve to dissuade developers for writing apps or tweaks for Cydia, fearing that they may be slapped with a copyright infringement lawsuit. It's difficult to see this as anything other than bullying behavior on Apple's part.

    Source: MacDailyNews
    This article was originally published in forum thread: Apple Going After Jailbreakers Again started by Paul Daniel Ash View original post
    Comments 104 Comments
    1. exNavy's Avatar
      exNavy -
      Waaaaaaaaaaaaaaa! Cry me a river Apple.

      Please demonstrate exactly what harm has been caused to whatever.

      At least they aren't bantering on about instability to the cell phone network (which they don't own anyway) this time. Because we all know the AT&T network has been compromised and hampered so many times because of jailbreakers and unlockers.

      You greedy people should be happy with your earnings and stock valuation and worry about how to make better products and stop hounding people who are helping to fill your coffers (by purchasing your damn product) and those of your cell phone partners.

      Don't like jailbreaking and unlocking? MAKE A MORE SECURE PHONE!
    1. GellBrake'rrrr's Avatar
      GellBrake'rrrr -
      Quote Originally Posted by ReggieSmith View Post
      I disagree. The fact that the dev team is waiting longer and longer to release jailbreaks seems to suggest the exact opposite. Look at the reasons they give on waiting and how long they are waiting.

      I think Apple has just about closed it's holes and they are doing this to combat the one left out there. I suspect that after this latest jb that the dev team is holding is released, and Apple patches it, it will be even longer before another one is released. In the meantime, Apple will add newer features that folks really want forcing them to decide if they really want to wait on a posted UNTETHERED jailbreak.

      I submit that Apple is currently winning this one.

      You may want to check your stats. When I got my iPhone 4, I had it jailbroken in around a month. Just because apple is releasing a bunch of useless fw upgrades, and patching holes doesn't mean that the devs should release a different jailbreak for each and every fw.

      If you think Apple is winning.... Why has every firmware been jailbroken?? Why would they continue to push the issue?? Tell ya what..... I'm jailbroken, and have all my shsh blobs saved. They sure in the hell aren't winning against me!!!! Nor are they winning against most people who've been in the game for a length of time. Those in the loop know how, and when to do the upgrades they want without losing their jailbreak.
    1. shoohorn0plenty's Avatar
      shoohorn0plenty -
      I don't understand why Apple keeps playing this game. A vast majority of iPhone users don't even know what jailbreaking is, and the ones who do don't seem to care enough to give it a shot.

      It seems like a complete waste of time on Apple's part to pursue this.

      In any event, if it ever becomes the case that I can't jailbreak my iPhone, then I probably won't be an iPhone user anymore. The tweaks make the device awesome.
    1. dsg's Avatar
      dsg -
      I agree with you DRFP, Appl£ should be hauled into a court of law to explain why they are breaking the law
    1. Jayc502's Avatar
      Jayc502 -
      Droid
    1. dsg's Avatar
      dsg -
      why do people say droid here I come? Appl£ haven't managed to stop jailbreaking!!!!!!!

      Droid phones compared to the iPhone suck I've tried about six and I hate them all

      The iPhone is more refined and did I mention we can still jailbreak all the iDevices, ok so some people are tethered it will change it did before, remember iPhone/iPod Touches MC models 3.1.2 to 4.0
    1. obtrunco's Avatar
      obtrunco -
      Quote Originally Posted by DRFP View Post
      OMG so not true! This is the kind of crap that drives me crazy

      You are not renting the phone
      Apple does not own the phone

      Are you renting your Mac Air?

      LOL

      People the phone is subsidized by the carrier not Apple, Apple gets a wholesale price for them, the carrier then charges you whatever and has you sign for a 24 month contract or what ever then after you finish the contract, the phone is owned by you 100%

      In fact the phone is owned by you once you get it from At&t, At&t will never ask for the phone back if you decide to quit early, they charge you a fee to leave......................

      You own your phone people OMG
      I agree as well, the iPhone is yours. After all, the goverment already said that jailbreaking is not illegal.
    1. kuhndsn's Avatar
      kuhndsn -
      Quote Originally Posted by lampardd View Post
      it is time for an android!
      And that is better? See ya!

      Heck the only real reason I JB my phone anymore is because of the limits of ATT. As far as the everything else I use to use its all ben incorporated. Now Unlock should be mandated!!! ATT should have to legally unlockevery iPhone after they have completed their two yr term or if they cancel their service and pay the fee. That should in the courts!!!!


      WE PAID FOR IT ITS OURS!

      Ok I am done venting... As far as JB is concerned... looks like Apple already won this one. With the cat and mouse game between Apple and the Devs... all apple has to do is keep a version in beta or slip a rumor that the next version is around the corner and then..... "we will wait to release the JB when the 4.? is done to save our exploit....

      Never ending.....
    1. jOnGarrett's Avatar
      jOnGarrett -
      Android, anyone?
    1. Lokenall's Avatar
      Lokenall -
      Quote Originally Posted by DRFP View Post


      What Software of Apple's is pirated?

      Apps sure but 99.9% of them are not Apples but someone elses.

      I get sick and tired of the "Pirate" label that some on MMI keep putting out there, Its not true and not about Pirating, Apple doesn't give a lick about it, its about the money they do not make if you buy an App not in the Apple store, they are middle men on them.

      Its so clear what Apple wants and needs.

      Out of the millions of Iphones and Ipads, a small percent JB and even smaller know how to even put on Pirated Apps......... its so small its funny, its not about that its about CONTROL.

      First and for most, not necessarily apple, but the devs that create those apps. If you are not paying, then they are not receiving. Second, ********** does a damn good job getting free apps out there. If I'm not mistaken, apple get 30% of an apps revenue. They are a middle man, I agree 100%. Now, I did mention the total control apple wants and it's no surprise either when dealing with apple.

      I only called it pirated software, because it's a much nicer term than saying it is stealing a product. And with apple making a lot of money from those apps, yes they are going to care, but mostly because they are not getting every last dime that they want. It's there app store and the devs know when they send an app in. I feel there are much more constructive ways to bring up an argument, than just lashing out at person posting on a message board. It would've been nice, instead of you typing a rambling about how wrong an opinion was, to actually construct a full fledge argument. However, I don't keep my hopes high on that one. Apple is just another company who has made consumers believe that their products are the best and what ever they say will go. I was only mentioning the 2 points as a reference to what will most likely be an argument for them. Next time DRFM, calm down and never lash out at anyone like this. It's fine to have a difference of opinion, but try to do it in a more constructive manner.
    1. fdw1's Avatar
      fdw1 -
      this is bull **** .. i buy a new car with all the bells and whistles and then i change he rims and the color and sound now i am wrong when i bought it. stoping jb's will never happen especially lets bring up the fact that a lot of tweaks and mods apple implements in ipsw updates. 1 example. wi-fi sync rejected by apple now in cydia next i phone to have wi-fi sync i think apple should be sued hell cydia is the first app supermarket and now apple makes one who is infringing upon who.. i bought it i do as i please apple will never win that
    1. vnmaddct's Avatar
      vnmaddct -
      No sony doesnt give a **** if u jailbreak ps3... They say, thankyou for buyimg our product do what u wish with it
    1. starfuryt550's Avatar
      starfuryt550 -
      This would be like Ford stating that once you purchase a car they made, you aren't allowed to Change the floor mats to all season because that's not how it came and how they intended the product to be.

      Excuse me, but go F yourself. I paid for it. It's mine. I can do as I please.

      God damn, and you thought Microsoft was bad years ago with the whole anti-trust problems and trying to monopolize everything to just how they want and oust everyone else out.
    1. littlelisa63's Avatar
      littlelisa63 -
      Well i think its up to the actual individual,if they want to jailbreak thier iphone then they should.
      If somebody wants to hack something,apple aint gonna stop them,where there's a will there's a way.
      My iphone may be made by apple...but once its left the manufactuer it's LISA'S iphone.
      And i am 100% for jailbreaking,its the best thing i ever did to my phone.
    1. starfuryt550's Avatar
      starfuryt550 -
      Couldn't agree more.
    1. iggybibi's Avatar
      iggybibi -
      why is apple such a ***** while microsoft is embracing homebrew in wp7
    1. bmxtreme's Avatar
      bmxtreme -
      That's like Microsoft going after everyone who sets their default browser to Firefox instead of using IE. Apple just a bunch of numb nuts trying so hard to be the "Evil Empire" just >>20yrs too late
    1. Co1d Night's Avatar
      Co1d Night -
      Quote Originally Posted by babyblue_pimp View Post
      Is apples eyes jailbreaking = app piracy. 90% of the people I know with jailbroken devices, is just to steal apps.
      While I don't agree, it's these people that are hurting us in the long run.
      Not exactly. I jb my iDevices just for the awesome look
    1. PorthosPirate's Avatar
      PorthosPirate -
      Quote Originally Posted by J_Marley View Post
      Okay, I can understand Apple telling it's consumers that if you modify your device that it will void your warranty. I mean I wouldn't make a modification to a car engine and expect the manufacturer to fix it if somthing goes wrong. I made the changes and as a result it isn't working properly, or even if it was directly related to the problem, there is no way for them to be held liable for trying to fix it and messing up what I tried to modify.
      Actually your analogy is completely wrong. What Apple is trying to do is closer to the analogy that since you used non-factor car seat covers and floor mats, then your warranty is void. By jailbreaking you are NOT modifying the hardware in any lasting way, shape, or form. All you are doing is modifying the software. You can always restore it to a factory state and if that fixes your errors, then don't jailbreak.

      "Bricking" an iPhone is a result of Apple putting software locks in place that try to prevent jailbreaking. If Apple didn't try to prevent it, then you would always be able to install the factory level software to fix ANY software issue.

      Apple wants to "License" their iPhones, not sell them. But they don't. They sell them. I own it. What they are doing would be akin to saying that I couldn't install on my Mac whatever I wanted. Or put whatever food I want in my refrigerator. Or buy whatever kind of gas I want for my car. They want control, and we live a free society. Maybe they'll have better luck in China.
    1. maaaslo's Avatar
      maaaslo -
      i would like to point on one fact. and that is: almost 1BILLION of apps downloaded from app store...
      that says it all... even if i JB the phone, i still BUY and PAY for the bloody official apps...