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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    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling.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. awesomeSlayer's Avatar
      awesomeSlayer -
      That's like going after someone who just changed the home button on their iPhone.

      This will determine the fate of jailbreaking...
    1. psp257's Avatar
      psp257 -
      i also think that apple should back down from stopping jailbreaking and unlocking because jailbreakers will always win against apple. then again, apple might soon prevail. i guess we shall see in the future what apple does
    1. lampardd's Avatar
      lampardd -
      it is time for an android!
    1. Thatskanyon's Avatar
      Thatskanyon -
      This is so stupid. Apple will never rest until they can completely eliminate jailbreaking. If Apple were to create an os that is a little more open source and had things that it's customers want, then jailbreaking wouldn't be that big of a deal, kinda like how rooting android phones isn't a huge deal. Don't get me wrong, people would still jailbreak their idevices but there wouldn't be so much bs about copyright stuff.
      I may end up going Droid eventually. Samsung and htc have awesome phones coming to the market. Meh, just my 2 cents
    1. piston597's Avatar
      piston597 -
      Isn't Sony doing something like this for the PS3? After Geohotz jailbreak on it...? Well seems like Apple is going nuts over us jailbreakers... They wont get far...
    1. Xcellerator's Avatar
      Xcellerator -
      Lol. This will never happen. Good luck to Apple.
    1. MagicJustin's Avatar
      MagicJustin -
      I owned a MyTouch on T-Mobile. The first thing I did was rooted (jailbroke) it. Android phones are cool for the amount of customization that you can do to them. At the time I switched from an old 1st Gen iphone to a MyTouch (the 2nd Android phone on the market)

      I like how far the Android has come and some features that aren't working on the iPhone yet (like flash). Personally I like the iPhone better because it does (most of) what I want to do and how I want to do it. Plus is just syncs flawlessly with my Mac. (I'm not an Apple fanboy... Macs just work better for what I want to do and how I want to do it.)

      As far as jailbreaking is concerned, I understand what Apple is trying to do and why, but I think it's a pointless cat and mouse chase. I love the modifications made to my iPhone 4, becasue Apple hasn't added those features as well as the ability to put non-Apple approved apps on the iPhone (I'm not talking piracy, I'm a magician and have a friend who developed a very sweet magic trick app that's not on the app store. I paid him $50 for his app.)

      I'm hoping this new deal with Verizon will open doors to more developers and jailbreakers.
    1. babyblue_pimp's Avatar
      babyblue_pimp -
      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.
    1. LSZ33's Avatar
      LSZ33 -
      This is ridiculous. Apple is going to push everyone away. I've owned every iPhone & b/c of it, I purchased an iMac, mbp 17 & an ATV 2. We should unite & protest against apple's antics! Maybe then, they'll get the picture.
    1. J_Marley's Avatar
      J_Marley -
      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.

      That being said, It's one thing to go after piracy, but another completely to lock out features (or not create them) that the consumer wants. One thing I have really liked about my other device (HTC Desire running Android 2.1) is that I can, in any text field, speak what I want it to type as to keep my hands free and my focus on other things. (Wisconsin has a no texting while driving law). Yet Apple has kept functionailty like this out, so our amazing dev teams have sought to correct this. I applaud them, and hope that this new counter by Apple does not slow them, but gives them a chance to really show why they are doign what they are doing.
    1. sammy007451's Avatar
      sammy007451 -
      Good luck apple!
    1. ripped53's Avatar
      ripped53 -
      Does Apple not realize that Jailbreaking has helped them to sale more iphones, ipads, and IPTs! I'm sorry but with all that motorola, HTC, and others have to offer with the android platform I would have left my anchient 3GS a long time ago if I weren't able to jailbreak it. I love thier products (never had one apple product prior to the first iphone) and the added benefit of jailbreaking (thanks to all the Devs), but Apple is aiming to become the totalitarian company they advertised against back in the 80's. They need to wake up and smell what google and HTC are cooking bc people like having a choice. I understand they give us ground breaking products but the competitors are catching up and gaining ground on them day by day. (I retract that statement regarding tablets bc no one else has given us a table worth a damn and its been over a year since the ipad was first announced...lol)

      Apple is always on the cutting edge with its product releases and I suppose its that leader of the pack mentality that allows them to continue spoon feeding us with what they want as oppose to just enjoying the large amounts of cash they continue to rake in year after year and allow their customers to do whatever the hell it is that we want to do with the items we paid our hard earned money for.....

      Ok that is all.
    1. Nickaroni22's Avatar
      Nickaroni22 -
      Apple tries everything to shoot themselves in the foot! Jailbreaking is one of the reasons the iPhone is so popular. It's the reason I have one anyways!
    1. Mrteacup's Avatar
      Mrteacup -
      This was probably influenced because Sony was successful with there restraining order on geohot
    1. wolk72's Avatar
      wolk72 -
      Omg dev team hurry up while it's still legal, otherwise it will be another excuse for not making unlock!!
    1. smooth22's Avatar
      smooth22 -
      It would be great if the Dev Team came out with there own device and we wouldn't have to sit here and hear about apple crying over jailbreaking but they would be crying if the Dev team came out with a device because apple would be out of business when it comes down to the iphone..
    1. iLaw-One's Avatar
      iLaw-One -
      Apple is really pushing this now...if not for the ability to jailbreak, I wouldn't own an iPhone in the first instance!

      Also, I think the reason Apple is doing this is that they want to be able to keep tabs on every iPhone user, and jailbreaking gives us the ability to "opt out" and bar this unauthorised intrusion with cydia tweaks like 'PrivaCy'.

      For what it's worth, Apple, thanks for making the iPhone. Now I've bought it and the decision of when and how to use it, plus what I use it for is mine and mine alone...period!!!
    1. stfudvs's Avatar
      stfudvs -
      as long as apple makes products, there will be people hacking them
    1. phoenix81's Avatar
      phoenix81 -
      Maybe they should just go after the pirates like instalous. And leave us alone. We pay for apps and tweaks from our own marketplace. And from AppStore!
    1. feidhlim1986's Avatar
      feidhlim1986 -
      Get over it Apple!!!
      Such a tiny percentage of iPhone/iPad/iPod Touch owners jailbreak that it does not affect you in the slightest, and only make's your products more desirable if they can be jailbroken.