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Thread: Jailbreak legal...so... Please read this

  1. #1
    Default Jailbreak legal...so... Please read this
    If jailbreak it's legal isn't it illegal to try to stop jailbreak ? Apple is trying to stop competition from selling they're apps on iPhone this should mean a legal issue in the order of companies competition laws... That's the way I understand it ! so if by the way you're a laywer just reading this please take apple to court get your self milionaire and share a little bit with me!

  2. #2
    well, with the update of 4.0.2, they are not really "stopping" jailbreaking but just patch up a security hole in the iOS software. We will wait until 4.1 is released and see what is up from there. At least this is based on my own knowledge.

  3. #3
    What's Jailbreak? ShredNasty's Avatar
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    Apple will forever be able to get out of that as every exploit used to gain root access (jailbreak) is a security hole in the OS. So Apple will never be "blocking" a jailbreak, they'll be patching security. (They'll be blocking a jailbreak) But, prove it.

  4. #4
    Livin the iPhone Life jkmonkey's Avatar
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    Just because it's legal doesn't mean apple has to let you do it. Even though it's legal apple can still void your warranty if you do it. Jailbreaks use security holes in the os to work and gain root access. Apple is well within their rights and obligated to patch these holes.

  5. #5
    My iPhone is a Part of Me Trooper Sam's Avatar
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    I refer back to this story from July 31:

    http://modmyi.com/forums/iphone-news...beginning.html

    Quote Originally Posted by Kyle Matthews View Post
    Here's the thing - Monday says jailbreaking is legal. But with each firmware Apple breaks the jailbreak solution, erases jailbreakers' installed apps, and makes it more difficult to jailbreak the next firmware. New hardware checks in the iPhone 3G[S] and iPhone 4 are great examples of this continued anti-competitive behavior.
    Anti-competitive practices as illustrated here won't be allowed to last. They may be patching holes, but at some point, they'll be forced to provide root access to allow for competition.

  6. #6
    While I'm not sure fixing the security hole is anti-competitive behavior, updating the OS while preventing downgrades certainly is.

    Imagine if the next Windows update broke all applications not sold by Microsoft and a few "select" partners who pay kickbacks to Microsoft for the privilege of selling their software. Furthermore, users were not warned of this. And lastly, there was no way to downgrade unless you had an older version of the system previously installed on your specific machine. Then your hardware fails and you have to replace it. Now there is no way for you to access those programs for which you have spent a considerable amount of money and whose function is critical to you.

    That is exactly what Apple is doing here. Not only is it anti-competitive, but it is also harming users in a way that perhaps a lawyer could better define.

    This is also exactly what is happening to any previously jailbroken user who buys an iPhone 4 with iOS 4.02 because their old phone has suffered a hardware failure. They can no longer jailbreak, and they cannot downgrade the OS to jailbreak. Apple's actions have effectively blocked competitors from even selling their product to these users, and is therefore anti-competitive.

    To take the Windows analogy further, just imagine all the critical legacy apps that run portions of our power, transportation, and security infrastructure, not to mention other areas of commerce, and that only run on older versions of Windows or DOS. Suddenly Microsoft prevents all new hardware from running these older versions of their OS. Think they could get away with that?
    Last edited by elitmer; 2010-08-22 at 08:56 PM.

  7. #7
    George hotz says it is not challenging to jailbreak iPhones it is too easy so I give him a new idea... Can he do a geohotunes? This means a hole new program that just could install apples os but already jailbroken simulating that the iPhone had been actualized by apple... maybe this could be a new solution that could finish anti jailbreak measures. I would challenge Microsoft too to suit apple because if they do the the same(has it as been told before) millions of programers will lose they're jobs

    Yeah exactly what I mean... So is there anyone that can suit apple? Maybe we should all pay for a lawyer and become rich persons!
    Last edited by Saybiza; 2010-08-22 at 10:21 PM. Reason: Automerged Doublepost

  8. #8
    The law saying that you can't legally jailbreak/root mobile phones is stating that it is under fair use to be able to run root on your own device. As far as I know it is not even legal to distribute the jailbreak tools and only to use for private use. Apple is still allowed to have their own rules and void your warranty whenever they want.

  9. #9
    Retired Moderator j3st3r's Avatar
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    I'm pretty sure it's only illegal to distribute jailbreak tools that use copyrighted materials to accomplish the jailbreak (using some of apple's source code and whatnot), I may be wrong on that and if I am someone can point it out

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  11. #10
    Livin the iPhone Life jkmonkey's Avatar
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    ^^ I believe you are correct. And what korin said is also true, just because jailbreaking is legal does NOT mean Apple has to let you do it.

  12. #11
    My iPhone is a Part of Me
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    Quote Originally Posted by j3st3r3 View Post
    I'm pretty sure it's only illegal to distribute jailbreak tools that use copyrighted materials to accomplish the jailbreak (using some of apple's source code and whatnot), I may be wrong on that and if I am someone can point it out
    I'm pretty sure this is true. I remember there was some old motto about patching the custom firmware instead of distributing it. I miss the pwnage tool days
    If I somehow helped you, press thanks

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