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Thread: Jailbreaking iPhones is Legal Under DMCA but Jailbreaking iPads is Not

  1. #61
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    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?

  2. #62
    so its not illegal either

  3. #63
    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

  4. #64
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    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.
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  5. #65
    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
    Last edited by Modding life; 10-28-2012 at 08:12 PM.

  6. #66
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    What does this mean for iPod touches?

  7. #67
    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!

  8. #68
    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

  9. #69
    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.

  10. The Following User Says Thank You to znbl For This Useful Post:

    NewdestinyX (11-05-2012)

  11. #70
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    @znbl, well, you might want to tell the DMCA because if the above is true then making iPad JB illegal isn't even possible.

  12. #71
    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.)

  13. #72
    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!

  14. #73
    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

  15. #74
    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.
    Last edited by NewdestinyX; 11-05-2012 at 07:19 AM.
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