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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    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling.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. warnera82's Avatar
      warnera82 -
      The day Apple blocks me from being able to use MY PHONE how I want too is the day that I will switch to a different phone. If they want to lose customers then they are definitely on the right path.
    1. Mbeck0265's Avatar
      Mbeck0265 -
      My opinion is that as many people that may be intimidated by this behavior we will have equally as many people jailbreak their devices simply to rebel against authority
    1. dsg's Avatar
      dsg -
      What ever Appl£ do Jailbreaking is good for their device as they(Appl£) get to steal the ideas from the Jailbreak app developers and then claim they came up with it

      So Appl£ won't truly want to destroy the Jailbreaking community but get it under some sort of "their" control
    1. unicorn worshiper's Avatar
      unicorn worshiper -
      haha thatz all true
      apple is dumb :-P
    1. whereswaldo's Avatar
      whereswaldo -
      Silly Apple, tricks are for kids
    1. delizaza23's Avatar
      delizaza23 -
      if I have paid for this phone and it is mine, if I want to break it I will and if I jailbreak it I will I don't need permission from anyone.
    1. JesseDegenerate's Avatar
      JesseDegenerate -
      Quote Originally Posted by Thatskanyon View Post
      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
      You'll just go from apple to verizon hunting you.

      they un rooted my htc incredible and patched the hole i used to root them.
    1. Carlos's Avatar
      Carlos -
      Im going to state my two cents which is prob obvious.

      1. Alot of people will prob start looking at other phones if they stop jailbreaking, not that they are going to lose all business but some, bc if i couldn't jailbreak my iphone 4 i def wouldn't like it as much, in a way they would be hurting themsleves.

      2. I think most will agree, I think its just plain dumb to try to controll something that belongs to me, I feel like i paid for this its mine.... if i wanna throw this mutha****er off the roof i can do what i want cuz i own it, and Apple needs to quit all the bullying its getting ridonkulous!!

      3. They have so much money now im sure jailbreaking is not going to bankrupt the Apple anytime soon, jeee
      z
    1. EskimoRuler's Avatar
      EskimoRuler -
      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.
      Your right, this is why apple is attacking so hard. If people didn't pirate apps I'm sure they would fine with just coming out with fire ware updates but the few ruin it for the rest
    1. mmaboi21's Avatar
      mmaboi21 -
      @babyblue pimp
      Your absolutely right, people confuse jailbreaking with pirating. They are completely separate.
    1. pdiddy21502's Avatar
      pdiddy21502 -
      Good luck somebody will find a way around whatever they might do. Just like napster..limewire, etc
    1. that_girl's Avatar
      that_girl -
      If the Mac OSX is open, why can't iOS be too? Apple needs to open their eyes. If they would make the iPhone into a "smarter" smartphone with the same tweaks and customizations that are in the Cydia store, jailbreaking would be practically extinct.
    1. nebo1ss's Avatar
      nebo1ss -
      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"
      What are you talking about. Apple gets full price for every phone, the carrier is subsidizing the phone and getting it back from you on a monthly basis.
    1. delusion950's Avatar
      delusion950 -
      This will go as far as it's legal. And Apple will cry again!
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by lampardd View Post
      it is time for an android!
      See ya!

      Apple can keep trying whatever they want, it won't stop us from personalizing our phones.
    1. GellBrake'rrrr's Avatar
      GellBrake'rrrr -
      I have a feeling that Apple isn't winning the cat & mouse game as much as it seems. Even though there isn't a public untethered release for 4.2.1 yet, it seems as though Apple knows they can't win. It's just odd timing for them to try this shiit again. It would be different if there were several jailbreaks & unlocks out for the latest firmware. JMO
    1. wolverinemarky's Avatar
      wolverinemarky -
      i know a lot of people with jb iphones that dont pirate apps or games, apple needs to realize that jb community has helped move more iphones then any marketing campaign they came out with so, quietly say your against it but realize its making you a shitload of money
    1. ReggieSmith's Avatar
      ReggieSmith -
      I don't really care one way or the other cause I can live with the iPhone as is, without a jailbreak.

      I suspect that many folks would see things differently if a product they creates and depended upon for their income was the target. Everything in the world isn't meant to be free.

      It is what it is.
    1. ReggieSmith's Avatar
      ReggieSmith -
      Quote Originally Posted by GellBrake'rrrr View Post
      I have a feeling that Apple isn't winning the cat & mouse game as much as it seems. Even though there isn't a public untethered release for 4.2.1 yet, it seems as though Apple knows they can't win. It's just odd timing for them to try this shiit again. It would be different if there were several jailbreaks & unlocks out for the latest firmware. JMO
      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.
    1. Xenthis's Avatar
      Xenthis -
      Quote Originally Posted by Thatskanyon View Post
      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
      This goes against Apples whole idea. Open source and what customers want isn't Apple, for them it is all about controlling everything.