EFF Prevails Over Apple in Jailbreak Showdown

[Michael Essany]

On Monday, much to the delight of the jailbreak/modding community, the Federal government has reached a decision making it possible for iPhone owners to "legally "break electronic locks on their devices in order to download applications that have not been approved by Apple." Although the questionable "legality" of such actions never inhibited many from doing so, the Federal Government is now formally sanctioning the actions under new rules announced just today.

This outcome, of course, (which may not necessarily apply to the iPad) is far from an arbitrary development. For well over a year, the EFF (Electronic Frontier Foundation) has lobbied the government to move in this direction. Since Apple formally declared jailbreaking illegal, Rock (who approached EFF first), was promptly joined in support by Saurik, Planetbeing, Cydia, Mozilla, Skype, and others who have openly spoken out in favor of the eventuality that finally set in today.

Apple (a "jealous and arbitrary feudal lord," according to the EFF) has staunchly opposed Jailbreaking on claims of copyright protection. As a result, the Cupertino-based tech giant has long been at odds with the EFF and its position that consumers should be able to run any application including those that Apple doesn't approve of. Today, however, the Federal Government sided with the EFF and effectively authorized "jailbreaking," which comes as one of a few important new exemptions from a federal law "that prohibits the circumvention of technical measures that control access to copyrighted works."

Every three years the Library of Congress "authorizes such exemptions to ensure that existing law does not prevent non-infringing use of copyrighted material." Additional exemptions will:

— allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

— allow people to break technical protections on video games to investigate or correct security flaws.

— allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.

— allow computer owners to bypass the need for external security devices called dongles if the dongle no longer works and cannot be replaced.

It should be noted, however, as reported by Bloomberg, that iPhone users "still may risk voiding their warranties if they make changes to the device in order to get applications not approved by Apple." That assessment comes from Brian Marshall, a technology analyst with Gleacher & Co in San Francisco. “This happens quite frequently with people who want to change the format on the phone and have more flexibility, but when you do that you void the warranty,” Marshall told Bloomberg.

Bloomberg

[MagicJustin]

This is great!

[MHmagic77]

Score for for the "good guys".

[romeoz]

Release the jailbreak. Lol.

[drufus]

Awesome.... Lets go Jay..... we're waiting... lol! Great interview by the way, you did well...

[sandstorm77]

first
This is great!

I hope you get a warning for saying that you were first!

[chrisrotolo]

Finally!
Steve jobs loves it Im sure

[sandstorm77]

Release the jailbreak. Lol.

I think warning should go out to stupid people who think its funny to say "Release the Jailbreak" How was that funny? I am willing to bet no one else will "LOL" your stupid comment!

[Simon76]

so if we jailbreak the phone and if there's something wrong with the phone,will its still cover with the warranty

[cruid]

Why wouldn't you just restore the jailbroken device before sending it back to apple for warranty. Have done this 3 times and my sister has once. It's no big deal they don't have time to check each phone they send you the new one and it's in your hands 3 days later simple. Screw voiding the warranty blah blah everyone is so scared?

[sandstorm77]

"allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.
"

My wife is an educator! I am glad to see this as well!

[dq13]

ok, this is posted twice... I just read the same thing posted right under this thread by Happy Noodle Boy

[Rescuer]

yay!

[awesomeSlayer]

Oh yeah!

[mastaryan]

- allow people to break technical protections on video games to investigate or correct security flaws.

— allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.

So those that modified their XBox 360 to expand their hard drive are allowed to have their XBox Live Accounts turned back on?

I can see the documentary filmakers (Michael Moore) having a hay-day with using DVD clips for upcoming documentaries. This one will be an issue I believe for filmmakers in the long run. College professors already use material that's copyright already.

[creasy425]

Game devs are gonna be pissed about that second one...

[turdsmoka]

i think warning should go out to stupid people who think its funny to say "release the jailbreak" how was that funny? I am willing to bet no one else will "lol" your stupid comment!

lol

[shiPhone25]

well since it's legal, i don't think we can call it "jailbreak" anymore...maybe just modding?

[TheOnlyest]

A fitting way to celebrate this victory over Apple, would be to release the jailbreak today! Please?
Along with many many others who got their iPhone 4 on AT&T's launch date of June 28th, TOMORROW is my last day to return my useless iPhone 4 and cancel my contract extension!

[sparaxin]

thats a relief