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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    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling.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. HeavyD4's Avatar
      HeavyD4 -
      If apple stops jail breaking they need to come up with there own modification program or the iPhone is just like the rest,u go in cell stores and all there big deal phone looks just a lil like the iPhone,I only have a iPhone bcus of the fun u can have with it I also have another phone that I use for cellular service it's better in that aspect, No JB no IPhone,I'll use the money 4 medical coverage


      Sent from my iPhone using ModMyi
    1. Essenar's Avatar
      Essenar -
      There's nothing they can do, people will continue to jailbreak and unlock.

      The last thing they need right now is a negative feedback versus Android.

      I'd prefer a jailbroken iPhone over a rooted Android, but not a locked down iPhone.
    1. cncrim's Avatar
      cncrim -
      Quote Originally Posted by DRFP View Post
      Why can't CYdia sue Apple if they stop JB? It's prohibting commerce and I think thats against Fed law.
      Hmmm, I don't think Cydia can do that, because Iphone make by Apple, unless Apple run Cydia OS otherwise.

      As consummer, we can take bussiness else where. FYI, I heard OS4.3 apple can air check your phone and lock down if it's jeailbreak or unlock, I could be wrong, till then we can sue Apple as privacy act.
    1. texasfatboy's Avatar
      texasfatboy -
      Basically it is simply about control. This is crap. Apple sees that with a jailbroken & thus also unlocked iphone they cant receive kickbacks from at&t and the others. Also if your iphone is j.b. You can download better apps from the web and apple looses control over the funds. They only give the developers a fraction of the monies paid for these apps you buy through itunes. So some simply offer it other ways. Lets not forget to mention the $100 yearly investment for the sdk. So if there are jailbroken phones then apple looses money. It is that simple. That and steve jobs is a nazi and not all there mentally. So you have to recognize greed ,grandiousity, and powr hungry fools for what they really are and quit arguing amongst yourselves.