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Thread: [LEAKING] To those who find it acceptable...

  1. #441
    iPhone? More like MyPhone candymanmike's Avatar
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    it may shoot my argument all to hell, but i'm glad they finally came to this conclusion. i have been saying for years that cell phone manufacturers shouldn't have the right to tell us what we can and can't do with OUR PROPERTY (a.k.a. the phones we have paid for) especially if we paid full price as opposed to getting the "discounted" rate for signing a new contract. love it!
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  2. #442
    Quote Originally Posted by TCcentex View Post
    ....well there goes that argument you rascally pirates

    http://modmyi.com/forums/iphone-news...-legal-us.html
    Quote Originally Posted by candymanmike View Post
    it may shoot my argument all to hell, but i'm glad they finally came to this conclusion. i have been saying for years that cell phone manufacturers shouldn't have the right to tell us what we can and can't do with OUR PROPERTY (a.k.a. the phones we have paid for) especially if we paid full price as opposed to getting the "discounted" rate for signing a new contract. love it!

    I don't understand why people are getting so happy about this. Technically it changes nothing.

    When you purchase an IDevice you agree to apple E.U.L.A.

    Bolded parts that matter.


    2. Permitted License Uses and Restrictions
    (a) This License allows you to use the iPhone Software on a single Apple-labeled iPhone. This License does not allow the iPhone Software to exist on more than one Apple-labeled iPhone at a time, and you may not make the iPhone Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any
    rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party deuse with the iPhone. Some of those rights are available under a separate license from Apple. For more information, please email [email protected].

    (b) With respect to updates to the iPhone Software that Apple may make available for download (“iPhone Software Updates”), this License allows you to download the iPhone Software Updates to update the software on any iPhone that you own or control. This License does not allow you to update iPhones that you do not control or own, and you may not make the iPhone Software Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the iPhone Software Updates stored on your computer in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

    (c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the iPhone Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the iPhone Software, iPhone Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software and iPhone Software Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your iPhone you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightholder. The iPhone Software and iPhone Software Updates may be used to reproduce materials so long as such use is limited to reproduction of non-
    copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. THE iPHONE SOFTWARE AND iPHONE SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE
    SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE iPHONE SOFTWARE OR iPHONE SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

  3. #443
    iPhone? More like MyPhone candymanmike's Avatar
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    Quote Originally Posted by devadv View Post
    I don't understand why people are getting so happy about this. Technically it changes nothing.

    When you purchase an IDevice you agree to apple E.U.L.A.

    Bolded parts that matter.
    except for the fact that the government out-rules all mighty apple. their words don't mean squat if the government says they are out of line. plus, the reason it makes me happy is that it sets a precedence in the cell phone world. it's not all about apple to me.
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  4. #444
    Quote Originally Posted by candymanmike View Post
    except for the fact that the government out-rules all mighty apple. their words don't mean squat if the government says they are out of line. plus, the reason it makes me happy is that it sets a precedence in the cell phone world. it's not all about apple to me.
    wrong.

    its the same principle as when you install software on your computer.

    you agreed to their eula and terms. you violate their eula/terms and there's a whole slew of things they can legally do. including but not limited to bricking your idevice through an OTA update.

  5. #445
    iPhone? More like MyPhone candymanmike's Avatar
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    Quote Originally Posted by devadv View Post
    wrong.

    its the same principle as when you install software on your computer.

    you agreed to their eula and terms. you violate their eula/terms and there's a whole slew of things they can legally do. including but not limited to bricking your idevice through an OTA update.
    If you breach this restriction, you may be subject to prosecution and damages
    i'm pretty sure, if this is what they threaten, this is all they can do. and if the government ruled that it's not illegal, then they really can't prosecute you now can they?
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  6. #446
    Theme Kingpin TCcentex's Avatar
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    This is an exerpt from an article written in the MMi news section this morning by THE OWNER & CREATOR OF THIS SITE, KYLE MATTHEWS:

    "Many people seem to associate "jailbreaking" with "iPhone piracy." This is a flawed view. Piracy IS illegal, has been clearly defined as such legally for years, and is not at all synonymous with jailbreaking. Take ModMyi.com as a case study - we have over 675,000 members, the vast majority of whom have jailbroken one or more iDevices, and we strictly forbid any talk, linking, or mention of pirated apps. I personally have had a jailbroken iPhone longer than nearly anyone here (ModMyi actually created the first ever iPhone "theme"), and I have never pirated an iPhone app. It has always been our standpoint piracy is 100% illegal, and is rude on top of that. Devs spend days and weeks building $2 and $5 apps - if you want them enough to install them, you should pay for them."

    ...'nuff said.... thanks Kyle

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  8. #447
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    Question for theme'ers. I would like to know how the springboard is setup for the more advance theme style. For instance, the one that looked like a wallet. Is that all CSS/HTML or is there something i'm missing. I'm really REALLY deep into themeing right now, and gradually want to move on to programming. But i'm stuck on themeing because of my artist background (doing IT now) and would like to create some off the wall SH!T. Either way, some guidance/tutorial/a theme'ers secret book of how/why/where/function information I would greatly appreciate. Also, being that I myself cannot seem to theme all of the tab portions of the 'phone' aspect except for the dialer, and I have seen themes that mod the whole damn phone (jealous), HBO (help a brotha out) with his themeing endeavors.

    Thanks and greatly appreciate the work you all put in... which feeds passion and ideas to continue themeing!

    KJ

    Sorry, wrong forum...
    Last edited by kingjust; 2010-07-27 at 04:40 PM. Reason: Automerged Doublepost

  9. #448
    iPhone? More like MyPhone candymanmike's Avatar
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    Quote Originally Posted by TCcentex View Post
    This is an exerpt from an article written in the MMi news section this morning by THE OWNER & CREATOR OF THIS SITE, KYLE MATTHEWS:

    "Many people seem to associate "jailbreaking" with "iPhone piracy." This is a flawed view. Piracy IS illegal, has been clearly defined as such legally for years, and is not at all synonymous with jailbreaking. Take ModMyi.com as a case study - we have over 675,000 members, the vast majority of whom have jailbroken one or more iDevices, and we strictly forbid any talk, linking, or mention of pirated apps. I personally have had a jailbroken iPhone longer than nearly anyone here (ModMyi actually created the first ever iPhone "theme"), and I have never pirated an iPhone app. It has always been our standpoint piracy is 100% illegal, and is rude on top of that. Devs spend days and weeks building $2 and $5 apps - if you want them enough to install them, you should pay for them."

    ...'nuff said.... thanks Kyle
    i respect kyle more than just about anyone in the modding world. i consider him a friend and a mentor. hell, i work for him on another site. and we don't allow the posting or linking to copyrighted items that are supposed to be paid for either. that's just plain old ModMy policy. i've always known kyles stance on that issue.
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  10. #449
    thats all fine and dandy, but i never said jailbreaking was piracy.

    i said it broke apples EULA. you agreed to this eula as soon as you booted your idevice and accepted it.

    does this eula pertain to the apple hardware? no. it pertains to the IOS that runs on your idevice. they can, if they feel you broke the eula, stop your usage of their software.

    does this mean they'll roll out OTA*over the air* updates to brick jailbroken idevices? no.

    does it mean they legally can if they wanted to? yes.

  11. #450
    iPhone? More like MyPhone candymanmike's Avatar
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    i still disagree with you. i believe that at the time the EULA was written, this may have been true. but this ruling by the federal government, makes that portion of the EULA null and void. there is nothing you can tell me that will convince me that apple has the power to overrule a government ruling. contracts are only contracts until they are proven to be illegal. and this ruling, made that portion of that contract ILLEGAL. and apple themselves (at least according to an article i read today) said that jailbreaking no longer voids your warrantee, you just have restore you device to "official" iOS before bringing it in for service. not sure why you're so hell bent on the EULA being the almighty unbreakable power, but i feel pretty confident saying that you are wrong.
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  12. #451
    Quote Originally Posted by http://tinyurl.com/23xx79t
    1.)The iOS license agreement does, in fact, state, "You own the media on which the iPhone Software is recorded but Apple and/or Apple’s licensor(s) retain ownership of the iPhone software itself."

    2.)"law relating to who is the owner of a copy of a computer program under Section 117 is in flux."

    3.)"the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably."
    there, i pointed out in the article what an apple PR spokesmen said yesterday.

    a EULA is a binding contract between company and end user. no more, no less. they find you in breach of that contract, they can take appropriate actions.

    as for whether or not a EULA can supercede the DMCA in court. well. remember this?

    The DMCA specifically provides for reverse engineering of software for interoperability purposes, so there was some controversy as to whether software license agreement clauses which restrict this are enforceable. The 8th Circuit case of Blizzard v. BnetD (at eff.org) determined that such clauses are enforceable, following the Federal Circuit decision of Baystate v. Bowers. [2]

  13. #452
    you would probably hafta contest the eula in court to get away with it but i do think once u agree to apples terms u agree to them. period. but u could make a case that the terms are illegal

  14. #453
    Quote Originally Posted by PhanaticD View Post
    you would probably hafta contest the eula in court to get away with it but i do think once u agree to apples terms u agree to them. period. but u could make a case that the terms are illegal
    well, thats the thing. a EULA has never been challenged in the supreme court. not to my knowledge anyways.

    but honestly.

    whatever measly money a person has to throw at a case verses apples bankroll.

    who's gonna win that?

  15. #454
    Undisputed Theme Champ AnthonyGiola's Avatar
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    People win against states when they are dirt poor all the time. And states have a near unlimited amount of money when it comes to a court case.
    It's not hard to believe that it could happen.

    Hmm though since they just said it was legal and nothing more I have to agree with dev. They can do something to prohibit further use. However whatever they can't harm the phone permanently. That would be destruction of personal property.
    Last edited by AnthonyGiola; 2010-07-28 at 07:22 AM. Reason: Automerged Doublepost

  16. #455
    iPhone? More like MyPhone candymanmike's Avatar
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    "The Copyright Office recognizes that the primary purpose of the locks on cell phones is to bind customers to their existing networks, rather than to protect copyrights," said Granick. "The Copyright Office agrees with EFF that the DMCA shouldn't be used as a barrier to prevent people who purchase phones from keeping those phones when they change carriers. The DMCA also shouldn't be used to interfere with recyclers who want to extend the useful life of a handset."
    intentionally bricking the phone and rendering it inoperable would also be a "barrier" and an "interference". i'm with viiolent.hd// on this one. i'm pretty sure that would be destruction of private property.

    on a personal note, i've always maintained that carrier locks should be illegal anyway. i can see how they get away with it on discounted phones. part of the reason you have to pay a fee if you cancel your contract early is to pay for that phone they just gave you a great deal on. but, if you pay for a phone outright or you have fulfilled your contract, i maintain that that phone is now your personal and private property and cell phone companies should no rights whatsoever to say what you can and can't do with it. and i also am of the opinion that they should be required by law to provide the subsidy codes for the phone at that point in time.
    Last edited by candymanmike; 2010-07-28 at 07:55 AM.
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  17. #456
    Quote Originally Posted by candymanmike View Post
    intentionally bricking the phone and rendering it inoperable would also be a "barrier" and an "interference". i'm with viiolent.hd// on this one. i'm pretty sure that would be destruction of private property.

    technically, no. its not damaging anything. the hardware, which is what you actually purchased, is fully operational and intact.

    what an OTA brick would do is stop you from using THEIR software. which is what you agreed to when you accepted their EULA.

    read apples EULA in its entirety. it does specifically state that you do NOT own any apple software nor did you purchase said rights to that software. you agreed to use their software within their limitations pointed out in the EULA and if you are found within violation of said EULA they can take punitive measures. which includes stopping you from using THEIR software.

    here.

    Apple Store (U.S.)

    IMPORTANT: BY USING YOUR iPHONE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING APPLE AND THIRD PARTY TERMS:-
    Quote Originally Posted by iphone EULA
    1. General The software (including Boot ROM code and other embedded software), documentation and any fonts that came with your iPhone, whether in read only memory, on any other media or in any other form (collectively the "iPhone Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's intellectual property rights in the iPhone Software and do not include any other patents or intellectual property rights. You own the media on which the iPhone Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the iPhone Software itself.
    5. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iPhone Software and iPhone Software Updates.
    Last edited by devadv; 2010-07-28 at 10:08 AM.

  18. #457
    Undisputed Theme Champ AnthonyGiola's Avatar
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    I said... IF what apple does from the brick permanently harms the phone then it is illegal. However if they simply disable the Software it is the rights of the EULA but someone could bring to court and it would be a very iffy line. Especially considering that there is no alternative OS for the iPhone. Unlike a computer where you can load something like Linux...

  19. #458
    This thread is somewhat getting off topic. How did it go from ways to kern leaks to legalese? lol
    Last edited by Tamkis; 2010-08-08 at 10:44 AM. Reason: Original post was stupid

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  21. #459
    iPhone? More like MyPhone candymanmike's Avatar
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    that's because it was hijacked by someone who is obviously a lawyer or a law student. definitely obsessed with the law and feels compelled to school the rest of us who could give a damn. lol.
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  22. #460
    My iPhone is a Part of Me Pronup's Avatar
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    I have a question for the themers and moderators. If I happen to come across a known pirated theme on another website, who do I contact to let them know? The theme owner, moderator, or another?

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