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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    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling.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. tomlangford001's Avatar
      tomlangford001 -
      At the end of it your paying for an expencive device that is yours and you should be able to do what you want with it jus like making mods to your car
    1. thevmax's Avatar
      thevmax -
      Quote Originally Posted by sammy007451 View Post
      Good luck apple!
      Don't you mean BAD LUCK APPLE?!?
    1. magusxxx's Avatar
      magusxxx -
      This is like buying a textbook and being told, "No underlining, don't write in the margins, and only open it during class."
    1. ZipZapp's Avatar
      ZipZapp -
      Does anyone have any figures that show the percent of phones actually jailbroken?

      I think its low, so this action by Apple is a preservation of their perceived intellectual property.

      I think there will be a small impact to usage should you eventually not be able to jailbreak.

      Someone with figure, tell me I'm wrong...
    1. vedavis's Avatar
      vedavis -
      If AAPL will give Saurik, etal. hooks into the system, JB would cease. These legit developers are not planting malware into the phones; on the contrary, the tweaks and apps appear to be well tested. So it comes down greed.
    1. billmilo's Avatar
      billmilo -
      And the next big apple news is about Jobs taking a medical leave. God must be a jailbreaker
    1. iPod's Avatar
      iPod -
      Apple just needs to give it a rest. We pay $200+ for our iPhones and iPod touches, and they're acting like they still own them, and are trying to stop us from customization
    1. ZipZapp's Avatar
      ZipZapp -
      You own the phone, but I believe only a license to use the operating system.
    1. coolguy742's Avatar
      coolguy742 -
      Apple just needs to give up, they still have no ground to stand on...
    1. RICO_'s Avatar
      RICO_ -
      Hmmm. I wonder how much money Apple is spending on their corporate lawyers trying over and over to get this ruling overturned when they could just leave it alone and save even more money to put towards more credible causes.

      Funny how quickly Apple jumps on matters pertaining to things they disapprove of, but when it comes to fixing their own defects and problems they just kick it to the curb and blame it on consumer error. Welcome to Corporate America.
    1. MSFLFC's Avatar
      MSFLFC -
      I don't think Apple WANTS to stop the jailbreaking and it's community knowing the revenue streams that lie therein.

      I think they're now producing a cacophony of noise to scare off too much development of jailbroken apps - thus ruining (some) income from their app store etc.

      I'm sure that IF they wanted a change in ruling they would lobby enough to get it. This creates attention which is good for the company. Keeps the kettle going.

      Anyways, if they succeed I will sign any petition against it/Apple and walk the protests and agitate for my digital choice of life.

      No free will or choice - no life.
    1. trigun989's Avatar
      trigun989 -
      man apple never gives up. hope it was steve jobs idea to go after jailbreaking, since he wont be with us soon enough.
    1. bigboyz's Avatar
      bigboyz -
      LISTEN UP!! Without the JAILBREAK COMMUNITY, Apple would have 1/2 of the apps on their current roster. Apple looks at all of the jailbroken apps and either tweaks them or makes them better(except for multitasking) in some instances. Apple needs to stop crying about copyright infringement and all of that. What someone does with "their property" is there business...I paid my $199 and the phone is mine, the OS it is running is mine and i can make any changes that i like...Apple wants to treat us like dogs on a chain and tease us with tid bits that are generously placed just beyond our hungry reach....HOLLA :]
    1. Lokenall's Avatar
      Lokenall -
      I can see why Apple wants to stop jail-breaking for two reasons. 1) Pirated software. (If I enjoy the app, whether it's from the app store or Cydia, I'll buy it, no questions ask.) so, I do agree with this. 2) Apple wants total control over their products. This I don't agree with at all. So, I'm sure I'm not the only one who only bought the iPhone because it is jail-breakable. I had an android G1, but then I played around with the iPhone. I thought it was a cool device, but honestly could only certain authorized things on it. A friend of mine, who programs, showed me his jail-broken iPhone and that was it for me. Bought one. If, by some miracle, apple succeeds, I feel that a lot of users will jump ship. I know I will. Android is getting very good and some of the mods out there, are incredible. So, we'll see. Believe me though, if this regulation happens, hello android platform.
    1. Dr.Xanax's Avatar
      Dr.Xanax -
      Actually for most iPhone owners. The phone isn't ENTIRELY yours. Remember that you're getting a subsidized phone in exchange for a contract. So I think Apple can kind of say "Ok we gave these people the phone for much cheaper than retail but we expect them to respect that and listen to our wish"
    1. ssjbrolly's Avatar
      ssjbrolly -
      Good luck to apple if they are demanding that they won't give warranties on jailbroken devices, well you can shove that 1 year warranty up urs. My 2 cents
    1. MSFLFC's Avatar
      MSFLFC -
      The few bucks they spend to make this noise is a) pocket change, and b) will benefit the company in the other end so I just don't buy into that.

      What is logical is, that in America of today a major corporation like Apple would be able to lobby their way into such a decision if they really wanted it - I just don't believe they will. They just don't want to lose too much control of the app scene hence why I think they this bit of a noise.

      Don't forget, Apple used to be what they are "fighting" now.

      Control only equals money if in the form of total control (monopoly)
      which this isn't at all. They are seemingly making more money now than if there was no jailbreak community (and the limited features were still present). This would only have helped HTC/Google/Androids cause and strengthened their market position.

      The JB community in a way of looking at it helps Apple maintain dominance over their competitors whose phones are capable of a lot more than non-jailbroken iPhones at present.

      Just my opinion on this.
    1. Lokenall's Avatar
      Lokenall -
      Quote Originally Posted by Dr.Xanax View Post
      Actually for most iPhone owners. The phone isn't ENTIRELY yours. Remember that you're getting a subsidized phone in exchange for a contract. So I think Apple can kind of say "Ok we gave these people the phone for much cheaper than retail but we expect them to respect that and listen to our wish"

      Yes, you are correct. However, the jail-break community counts for a lot of the business with apple. That's all.
    1. NakedFaerie's Avatar
      NakedFaerie -
      Quote Originally Posted by lampardd View Post
      it is time for an android!
      Apple are too immature for the world to keep using iPhones.

      What happens when we all get Androids? Apple will complain "jailbreaking forced the downfall of the iPhone" LOL
    1. JacquesChirac's Avatar
      JacquesChirac -
      Apple is the only company out there who dares to even entertain the idea of controlling all developers and consumers over whom they have no justified authority.

      If anyone wants to make an app for the iphone, apple forces you to give them profit. Apple forces you to make sure it's an app that they approve of. Apple forces you to comply to whatever lets them make money. They have no right to filter the market that way to make sure they make the maximum possible profit, especially when that means hurting smaller developers.

      Do you see any developer asking Microsoft to approve their software before they're allowed to distribute it for a windows OS? Imagine how much great software would have never been developed if Microsoft self-proclaimed itself as the judicatory of what software could or could not be bought and purchased as designated by their profit margin. This is an abomination.