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Thread: Apple Going After Jailbreakers Again

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  1. #1
    MMi Staff Writer Paul Daniel Ash's Avatar
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    Default 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    [FACEPALM: The original story on thegrio.com appears to be based on outdated info from before the DMCA ruling.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
    Last edited by Paul Daniel Ash; 01-18-2011 at 02:21 PM.

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  3. #2
    MMi's "X" Member awesomeSlayer's Avatar
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    That's like going after someone who just changed the home button on their iPhone.

    This will determine the fate of jailbreaking...
    Asking for help is different from being stupid. Fanboys can rot in @#$%!

  4. #3
    Green Apple J_Marley's Avatar
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    Okay, I can understand Apple telling it's consumers that if you modify your device that it will void your warranty. I mean I wouldn't make a modification to a car engine and expect the manufacturer to fix it if somthing goes wrong. I made the changes and as a result it isn't working properly, or even if it was directly related to the problem, there is no way for them to be held liable for trying to fix it and messing up what I tried to modify.

    That being said, It's one thing to go after piracy, but another completely to lock out features (or not create them) that the consumer wants. One thing I have really liked about my other device (HTC Desire running Android 2.1) is that I can, in any text field, speak what I want it to type as to keep my hands free and my focus on other things. (Wisconsin has a no texting while driving law). Yet Apple has kept functionailty like this out, so our amazing dev teams have sought to correct this. I applaud them, and hope that this new counter by Apple does not slow them, but gives them a chance to really show why they are doign what they are doing.



    Proud to be an Apple user since 1990... at the age of 4.

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  6. #4
    Quote Originally Posted by J_Marley View Post
    Okay, I can understand Apple telling it's consumers that if you modify your device that it will void your warranty. I mean I wouldn't make a modification to a car engine and expect the manufacturer to fix it if somthing goes wrong. I made the changes and as a result it isn't working properly, or even if it was directly related to the problem, there is no way for them to be held liable for trying to fix it and messing up what I tried to modify.
    Actually your analogy is completely wrong. What Apple is trying to do is closer to the analogy that since you used non-factor car seat covers and floor mats, then your warranty is void. By jailbreaking you are NOT modifying the hardware in any lasting way, shape, or form. All you are doing is modifying the software. You can always restore it to a factory state and if that fixes your errors, then don't jailbreak.

    "Bricking" an iPhone is a result of Apple putting software locks in place that try to prevent jailbreaking. If Apple didn't try to prevent it, then you would always be able to install the factory level software to fix ANY software issue.

    Apple wants to "License" their iPhones, not sell them. But they don't. They sell them. I own it. What they are doing would be akin to saying that I couldn't install on my Mac whatever I wanted. Or put whatever food I want in my refrigerator. Or buy whatever kind of gas I want for my car. They want control, and we live a free society. Maybe they'll have better luck in China.
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    Green Apple
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    i also think that apple should back down from stopping jailbreaking and unlocking because jailbreakers will always win against apple. then again, apple might soon prevail. i guess we shall see in the future what apple does
    Last edited by thetoothfairy; 01-17-2011 at 10:01 AM. Reason: second... like first posts

  8. #6
    it is time for an android!

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  10. #7
    Isn't Sony doing something like this for the PS3? After Geohotz jailbreak on it...? Well seems like Apple is going nuts over us jailbreakers... They wont get far...

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    Quote Originally Posted by lampardd View Post
    it is time for an android!
    Exactly.
    Apple are too immature for the world to keep using iPhones.

    What happens when we all get Androids? Apple will complain "jailbreaking forced the downfall of the iPhone" LOL

  12. #9
    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.

  13. #10
    Livin the iPhone Life steve-z17's Avatar
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    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.

  14. #11
    My iPhone is a Part of Me kuhndsn's Avatar
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    Quote Originally Posted by lampardd View Post
    it is time for an android!
    And that is better? See ya!

    Heck the only real reason I JB my phone anymore is because of the limits of ATT. As far as the everything else I use to use its all ben incorporated. Now Unlock should be mandated!!! ATT should have to legally unlockevery iPhone after they have completed their two yr term or if they cancel their service and pay the fee. That should in the courts!!!!


    WE PAID FOR IT ITS OURS!

    Ok I am done venting... As far as JB is concerned... looks like Apple already won this one. With the cat and mouse game between Apple and the Devs... all apple has to do is keep a version in beta or slip a rumor that the next version is around the corner and then..... "we will wait to release the JB when the 4.? is done to save our exploit....

    Never ending.....

  15. #12
    iPhone? More like MyPhone Thatskanyon's Avatar
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    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

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  17. #13
    Green Apple Xcellerator's Avatar
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    Lol. This will never happen. Good luck to Apple.

  18. #14
    haha thatz all true
    apple is dumb :-P

  19. #15
    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.

  20. #16
    iPhone? More like MyPhone Xenthis's Avatar
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    Default Anti Apple
    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.

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  21. #17
    Waaaaaaaaaaaaaaa! Cry me a river Apple.

    Please demonstrate exactly what harm has been caused to whatever.

    At least they aren't bantering on about instability to the cell phone network (which they don't own anyway) this time. Because we all know the AT&T network has been compromised and hampered so many times because of jailbreakers and unlockers.

    You greedy people should be happy with your earnings and stock valuation and worry about how to make better products and stop hounding people who are helping to fill your coffers (by purchasing your damn product) and those of your cell phone partners.

    Don't like jailbreaking and unlocking? MAKE A MORE SECURE PHONE!
    Hmm...

  22. #18
    I owned a MyTouch on T-Mobile. The first thing I did was rooted (jailbroke) it. Android phones are cool for the amount of customization that you can do to them. At the time I switched from an old 1st Gen iphone to a MyTouch (the 2nd Android phone on the market)

    I like how far the Android has come and some features that aren't working on the iPhone yet (like flash). Personally I like the iPhone better because it does (most of) what I want to do and how I want to do it. Plus is just syncs flawlessly with my Mac. (I'm not an Apple fanboy... Macs just work better for what I want to do and how I want to do it.)

    As far as jailbreaking is concerned, I understand what Apple is trying to do and why, but I think it's a pointless cat and mouse chase. I love the modifications made to my iPhone 4, becasue Apple hasn't added those features as well as the ability to put non-Apple approved apps on the iPhone (I'm not talking piracy, I'm a magician and have a friend who developed a very sweet magic trick app that's not on the app store. I paid him $50 for his app.)

    I'm hoping this new deal with Verizon will open doors to more developers and jailbreakers.

  23. #19
    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.

  24. #20
    My iPhone is a Part of Me EskimoRuler's Avatar
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    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
    You don't like the iPad because you don't have one!

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