Apple says jailbreaking is illegal
The Electronic Frontier Foundation has posted the news that Apple has filed comments with the US Copyright Office stating that the act of jailbreaking your iPhone is a copyright infringement and a DMCA violation, and therefore illegal. The EFF says that Apple is claiming that jailbreak apps still require modified versions of Apple's software, and Apple apparently believes that those versions are infringing on their copyrights. The EFF responds, in turn, that "reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software," saying that yes, even though jailbreakers are using Apple's copyrighted code, they are doing so in a way that allows them functionality that Apple doesn't provide access to on their own.
At this point, of course, this is just a complaint in the copyright office, and Apple hasn't made any legal moves yet against anyone responsible for jailbreaking. As the EFF states, it would be extremely hard for them to go after individual jailbreakers -- if you buy an iPhone, it should be your right to "get under the hood," as they say, and do what you want.
But (and keep in mind that this is TUAW, not The Unofficial Legal Weblog, and we are not lawyers) it seems Apple may be able to try and make a case against anyone offering software that does modify or otherwise "misuse" their copyrighted code. We'll have to see if they explore that position more in the future. You can read Apple's full response here (27 pages). You can see the EFF's initial filings here.
Stay tuned for more news and analysis on the issue.
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Analysis / Opinion Hardware Software Hacks Odds and ends Open Source Apple Jailbreak/pwnage
The Electronic Frontier Foundation has posted the news that Apple has filed comments with the US Copyright Office stating that the act of...
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I have an iphone, I am still an AT&T user, I write iphone apps. the app store offers THE BEST apps for the iphone. You can jail break you iphone without unlocking it but as most people have said the point of jail breaking was to get the iphone on another carrier. Unfortunately, the iPhone's base band only works on certain networks ie. AT&T and T-Mobile so it does take a lot of work to get it to work on other networks. It won't work on Verizon as it stands right now. Regardless, if you want an iPhone deal with it, it's the same thing when the music industry shut down Napster, they make the music why would they want it given away for free? Put your hard work into something and have someone take it from you without paying for it and see how you like it.
Oh, my iPhone it Jailbroken as well!
I think it's important to remember that it is any company's job to do "due diligance" to protect their copyright... or else they'll lose it. Kleenex doesn't want to be the generic name for tissues, so they have to protect their name when the name is violated.
You HAVE to protect your claim to copyright when someone uses your photos without permission.
Apple HAS to file complaints even if they have no intention to follow up, or risk accusations of fostering a free environment and enabling hackers. I don't see any problem with this.
There have been many methods of Jailbreaking and Unlocking for the iPhone since it's release. Not all require Jailbreaking. And if Jailbreaking is what it takes to unlock the phone then it shouldn't be illegal since prohibiting the unlocking of the iPhone would be illegal.
March 13 2009 at 3:23 AM Report abuse Permalink rate up rate down ReplyThe new administration may break the iphone Guntanamo Bay of ATT.
http://www.businessweek.com/print/technology/content/mar2009/tc2009033_855911.htm
This is great news. Since the DMCA does not apply to Denmark, where I live, jailbreaking is absolutely legal.
We don't have an equivalent rule in danish law to my knowledge
@falcon;
Here's the difference between jailbreaking and unlocking.
Jailbreaking: modifying the bootloader of the iPhone OS so that it gives the user access to the root folder to install any application they would like, not just those applications approved by Apple. It allows for customization of the Springboard, giving your phone a custom skin. It allows to install apps that would not otherwise be available for the iPhone, such as a video recorder app or a YouTube movie downloader. (and, @KA, just because you can jailbreak your phone doesn't mean The App Store will lose revenue. The reason people jailbreak is to install applications that AREN'T available on the app store. From personal experience, none of the free apps I've downloaded are anywhere near as good in quality and stability as their App Store counterparts.)
Unlocking: Changing the baseband files on an iPhone so that it can communicate on any GSM/HSDPA cellular network.
Jailbreaking a phone does not modify the baseband files, so if you just jailbreak the phone, your phone will still only be able to work on the AT&T network. Unlocking the phone, however, does modify the bootloader, so that it gives the unlocking application access to the root folders so that it can modify the baseband.
:D
You know this is going to go just like the whole deal on Apple's music sales. They're going to make a whole buttload of money at the App Store for the next few years, fight vigorously against jailbreaker, and then Steve (or his successor, depending on his health) will publish this "Thoughts on the iPhone" letter where he says, "Oh, we never wanted to sandbox the iPhone. It was always because of demands from AT&T that we had to defend against those who defeated our security devices. We would be happy to open it up at any time AT&T decides to do so." Ya'know... that whole apologetic crap that Steve gave us the last time about the iTunes Store DRM all over again.
(My position incidentally is this: jailbreaking is nothing more than getting Administrator/root access. When was the last time you bought a Mac and didn't get to set up an Administrator account? Of course, the administrator of a system can do whatever he wants to it: Reformat the drives, etc., but most people are smart enough not to shoot themselves in the foot.)
how might this be related to psystar OS copyright??
maybe a bigger issue than has been canvassed here...
Look, if they sold us there cruddy piece of technology and we are aloud to burn it, piss on it, and smash it against a wall, shouldn't we be able to jailbreak it?
February 19 2009 at 9:08 PM Report abuse Permalink rate up rate down ReplyIn other news, Apple state the obvious in row over jailbreaking.
The friggin' jailbreak has always been illegal, why are Apple only stating it officially now?
It's not like anyone is pressured into jailbreaking and there's a chance it can go wrong. So yeah, why all the fuss?
Seems to me like Apple are striving for media attention or are just being obvious with this one.
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