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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. Banks4004's Avatar
      Banks4004 -
      so its not illegal either
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by Banks4004 View Post
      so its not illegal either
      Yes it is jailbreaking iPads is illegal get the **** over it iPhone is legal and iPod touch but not iPads
    1. GenesisDH's Avatar
      GenesisDH -
      Quote Originally Posted by Modding life View Post
      Yes it is jailbreaking iPads is illegal get the **** over it iPhone is legal and iPod touch but not iPads
      Actually, if I read it right, only jailbreakable/rootable phones are exempt from the DMCA. iPods are not a phone so they would also be illegal to jailbreak per the DMCA.
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by GenesisDH View Post
      Actually, if I read it right, only jailbreakable/rootable phones are exempt from the DMCA. iPods are not a phone so they would also be illegal to jailbreak per the DMCA.
      but it was not mention that it was not exempt
    1. iH85CH001's Avatar
      iH85CH001 -
      What does this mean for iPod touches?
    1. scroogelives's Avatar
      scroogelives -
      End of the day we basically need to show people want to jailbreak their iPads! Specially when you consider most iPads are bought out right and not paid for by a net work!
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by scroogelives View Post
      End of the day we basically need to show people want to jailbreak their iPads! Specially when you consider most iPads are bought out right and not paid for by a net work!
      That's not way this ruling was done
      You should read the full 69 pages
      It done because the iPad is a tablet
      And there are other tablets that than just iPad so ruling was to make sure jailbreak developers do not make jailbreaks for other tablets because some may jailbreaking all tablets



      Is legal but is not legal just idvices
      But not iPads
    1. znbl's Avatar
      znbl -
      Quote Originally Posted by HeliPilot View Post
      You or I do NOT own the software, we are using it under license (renting) from Apple, thus making it theirs to control NOT ours. It's been this way for decades.
      Actually this is wrong. Software and media companies have been out right misleading people about this for the longest time now. At the consumer level, there is no real contract. When you buy a copy of a given software, song, video, etc, it's no different then buying a book. That copy IS yours. You don't own the work itself, but you do know that specific copy, which you're granted to use as your please under the standard implicit license granted for all normal copyrighted works when there are no form terms you sign into [b]at the point of purchase[/b) (that is, terms of the transaction itself.) Therefore, one is well within their rights to explore the device and whatever may be on it's storage devices to their hearts content, in private, for their own benefit. Sharing knowledge is also not illegal.

      This is why EULA, TOS, etc on consumer level products like software, games, and such are legally bogus, since they are presented AFTER the point of purchase. And no, this is NOT the same as the so called "shrink-wrap" license agreements, when in and of themselves have always been legally questionable. The only time such "you-don't-own-it" type licensing really becomes meaningful is when you have a REAL contract, such as for business level software et al, when an actual contract is signed as part of the purchase itself, not just an EULA shown afterwords when you load it up.
    1. HeliPilot's Avatar
      HeliPilot -
      @znbl, well, you might want to tell the DMCA because if the above is true then making iPad JB illegal isn't even possible.
    1. znbl's Avatar
      znbl -
      Quote Originally Posted by HeliPilot View Post
      @znbl, well, you might want to tell the DMCA because if the above is true then making iPad JB illegal isn't even possible.
      That is exactly the point. There are many parts of the DMCA that shouldn't be legal to enforce (and sometimes, with the proper judge, this is actually sometimes the case, so all hope is not lost for this plight.)
    1. decoy88's Avatar
      decoy88 -
      So now, together with the increasingly difficult to exploit platform now this legal hoo-hah, its even less incentive for the devs to release a jailbreak.

      There is a solution worst case scenario: Tablet jailbreak/rooting goes underground. shared on peer-to-peer platforms etc

      It doesn't matter if you don't care. If the devs don't do it. we're out of luck. Unless you're a developer yourself. Many devs (who are situated in the US) will not release the hacks illegally.

      hmmmmmm....after heavily investing in apps and tweaks, (App Store & Cydia) I'm now stuck on the inferior iOS platform (it can't do flash people!). I'm really hoping this all blows over. because if I can't jailbreak I'd have to jump to Android. I like my freedom!
    1. Modding life's Avatar
      Modding life -
      Quote Originally Posted by decoy88 View Post
      So now, together with the increasingly difficult to exploit platform now this legal hoo-hah, its even less incentive for the devs to release a jailbreak.

      There is a solution worst case scenario: Tablet jailbreak/rooting goes underground. shared on peer-to-peer platforms etc

      It doesn't matter if you don't care. If the devs don't do it. we're out of luck. Unless you're a developer yourself. Many devs (who are situated in the US) will not release the hacks illegally.

      hmmmmmm....after heavily investing in apps and tweaks, (App Store & Cydia) I'm now stuck on the inferior iOS platform (it can't do flash people!). I'm really hoping this all blows over. because if I can't jailbreak I'd have to jump to Android. I like my freedom!
      Android can't do flash anymore they removed it from google play and newer android software updates don't have it by default as well adobe does not support mobile devices anymore
    1. NewdestinyX's Avatar
      NewdestinyX -
      Quote Originally Posted by znbl View Post
      Therefore, one is well within their rights to explore the device and whatever may be on it's storage devices to their hearts content, in private, for their own benefit. Sharing knowledge is also not illegal.

      This is why EULA, TOS, etc on consumer level products like software, games, and such are legally bogus, since they are presented AFTER the point of purchase. And no, this is NOT the same as the so called "shrink-wrap" license agreements, when in and of themselves have always been legally questionable. The only time such "you-don't-own-it" type licensing really becomes meaningful is when you have a REAL contract, such as for business level software et al, when an actual contract is signed as part of the purchase itself, not just an EULA shown afterwords when you load it up.
      Finally a voice of reason and someone who knows what they're talking about! Thank you! I'm in the music biz and it's the same with music, you OWN the COPY you bought. There is no contract license for usage with an iOS. You 'own' your 'copy'. All this worry is utter nonsense.

      Quote Originally Posted by HeliPilot View Post
      @znbl, well, you might want to tell the DMCA because if the above is true then making iPad JB illegal isn't even possible.
      Of course making it illegal is impossible. All this new electronic delivery system stuff is baffling for the old men still working for the Library of Cong. The DMCA is blindly walking around here trying to make precedent they just don't understand. Trying to make a distinction between an iPhone and an iPad proves their blindness. Be at peace everyone - you own your iPad's copy of the iOS. You can do whatever you want with it, I just hope this 'distraction' doesn't impede the devs from releasing the iPad JB's.