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  • Jailbreaking iPhones is Legal Under DMCA but Jailbreaking iPads is Not


    According to the folks over at ArsTechnica, the latest round of exemptions added to the Digital Millennium Copyright Act (DMCA) may prove to be problematic for iOS owners who unlock or jailbreak their device. For those of you, who don’t know, signed into law in 1998, the DMCA bans the production and dissemination of technology designed to circumvent digital rights management systems. The broad-based law gives the Librarian of Congress to power to add exemptions to the law every three years. The latest rounds of exemptions were announced this past week and will go into effect on October 28.

    Among the exemptions is one that lets users jailbreak their smartphones but not their tablets. This Librarian decided not to include tablets because they felt the “tablet” category of devices was not well-defined and could include devices ranging from e-readers, to iPads, and even tablet PCs. Unfortunately, news like this won’t bode well with the jailbreak community which releases tools that work with both the iPhone and iPad.

    This time around, the Librarian also decided to revoke the exemption allowing customers to unlock their device and use them on a new carrier. The new provision also lets you unlock any smartphone purchased before January 2013 but any phone purchased after this date can only be unlocked with the permission of the carrier. The Librarian also noted that carriers have policies that allow for unlocking and felt there was no compelling reason why customers should be allowed to unlock their phones themselves.

    For people who are active in the jailbreak community, you probably won’t be thrilled to hear the news. We’ll have to see how this affects the community and what will happen going forward when the exemptions go into effect.

    Source: ArsTechnica
    This article was originally published in forum thread: Jailbreaking iPhones is Legal Under DMCA but Jailbreaking iPads is Not started by Akshay Masand View original post
    Comments 73 Comments
    1. flash66's Avatar
      flash66 -
      They can all kiss my lilly white a**!
    1. KraXik's Avatar
      KraXik -
      Quote Originally Posted by The6uest View Post
      So? It's not like we'll stop jailbreaking our iPads just cause some people say its not Legal. As long as there are JBs available I'll keep JBing my iDevices.
      Have you noticed though that people like Musclenerd don't do it unless its legal. Like with Siri. So if its illegal there won't be a jailbreak.
    1. LTechTalk's Avatar
      LTechTalk -
      It doesn't make any sense !
    1. AKCHRIS's Avatar
      AKCHRIS -
      LOL!!! Not that it matters; but i'd rather Jailbreak my iPhone then my iPad, but don't get me wrong i LOVE honeyComb for the iPad..but if i'm forking up $400+ then it's mine. Another reason why Gov should STAY away from Certain things like Jailbreaking.
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by AKCHRIS View Post
      LOL!!! Not that it matters; but i'd rather Jailbreak my iPhone then my iPad, but don't get me wrong i LOVE honeyComb for the iPad..but if i'm forking up $400+ then it's mine. Another reason why Gov should STAY away from Certain things like Jailbreaking.
      Does that mean you own ios no because ios is licensed to us that you agree to with every update under apple's legal contract with their terms of use
    1. aidanharris's Avatar
      aidanharris -
      Quick question to throw into the mix does this only cover software jailbreaks then? If in the future a hardware exploit was available for the iPad similar to the 3GS's would that be seen as legal since as far as I know although we license the software off Apple the hardware is ours...
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by aidanharris View Post
      Quick question to throw into the mix does this only cover software jailbreaks then? If in the future a hardware exploit was available for the iPad similar to the 3GS's would that be seen as legal since as far as I know although we license the software off Apple the hardware is ours...
      I'm not sure about that but yeah you are right about it being our hardware however apple Microsoft and Sony is trying start tomorrow
      Getting a law made that says that
      We don't own the devices that we buy so we can't sell them but that may come into play with this if it happens
    1. Christ6197's Avatar
      Christ6197 -
      It's illegal in US, not around the world!!!!

      If someone like Pod2g release something for the world except US! If, out of nowhere someone can find it on the internet, it will be use in US?

      Everyone in US have access to isohunt and piratebay and it's illegal to share this content...
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by Christ6197 View Post
      It's illegal in US, not around the world!!!!

      If someone like Pod2g release something for the world except US! If, out of nowhere someone can find it on the internet, it will be use in US?

      Everyone in US have access to isohunt and piratebay and it's illegal to share this content...
      are you really sure it's not illegal in other
      Parts of the world too because of two things 1you still don't own ios and agree to their legal terms of use
      2 jail breaking is classed as hacking
      As well to gain access to file system
      Oh ps pod2g does not make jailbreaks just find holes to make them
    1. Christ6197's Avatar
      Christ6197 -
      First i'm sure it's just in US. And it's a exemple for Pod2g, i just not found another name outside US... Planetbeing or ....
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by Christ6197 View Post
      First i'm sure it's just in US. And it's a exemple for Pod2g, i just not found another name outside US... Planetbeing or ....
      Yeah but other members of iPhonedevteam live in us that makes redsn0w plus the some of the team behind greenp0ssin does
    1. MoDaLoT's Avatar
      MoDaLoT -
      Red snow still will be a round I think
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by MoDaLoT View Post
      Red snow still will be a round
      Well yes but what I meant was if they still may make redsn0w work with iPads apple could go after them now
    1. aidanharris's Avatar
      aidanharris -
      Quote Originally Posted by Modding life View Post
      Well yes but what I meant was if they still may make redsn0w work with iPads apple could go after them now
      You might just be right there but if pod2G or someone else finds a loop whole/exploit and the dev team don't make a jailbreak with it for the iPad I'm pretty sure someone else will...
    1. Gamemaster77's Avatar
      Gamemaster77 -
      Quote Originally Posted by Italia411 View Post
      They will go after the developers not the users more then likely. I doubt the developers will be releasing iPad jailbreak software because of this. I hope I'm wrong but I don't want to see any of these guys who have freed our devices for years risk their freedom.
      They could just release jailbreak software anonymously.
    1. aidanharris's Avatar
      aidanharris -
      Quote Originally Posted by Gamemaster77 View Post
      They could just release jailbreak software anonymously.
      Then who do you donate to :P
    1. Gamemaster77's Avatar
      Gamemaster77 -
      Quote Originally Posted by aidanharris View Post
      Then who do you donate to :P
      Well they could accept donations non-anonymously for iPhone jailbreaks, and then quietly release iPad jailbreaks on the side.
    1. TwistedSoul's Avatar
      TwistedSoul -
      Is this really going to stop people from JB their iDevices. I highly doubt it. Get real ppl. This changes nothing.
    1. jrhudson's Avatar
      jrhudson -
      Uhh okay? Yea its not like people with ipads here wont jailbreak
    1. Channan's Avatar
      Channan -
      I would think it'd be the exact opposite. Since your carrier pays for most of your phone, I'd think that jailbreaking it wouldn't be legal since you can do things with it to abuse the network and your carrier could have some say in how you use your device. You pay the full price for a tablet. Why shouldn't you be able to do what you want with it?