Apple says jailbreaking is "illegal" - Hardware & Software

[url]http://www.eff.org/deeplinks/2009/02/apple-says-jailbreaking-illegal[/url] [QUOTE]Jailbreaking an iPhone constitutes copyright infringement and a DMCA violation, says Apple in comments filed with the Copyright Office as part of the 2009 DMCA triennial rulemaking. This marks the first formal public statement by Apple about its legal stance on iPhone jailbreaking. Apple's iPhone, now the best-selling cellular phone in the U.S., has been designed with restrictions that prevent owners from running applications obtained from sources other than Apple's own iTunes App Store. "Jailbreaking" is the term used for removing these restrictions, thereby liberating your phone from Apple's software "jail." Estimates put the number of iPhone owners who have jailbroken their phones in the hundreds of thousands. As part of the 2009 DMCA rulemaking, EFF has asked the Copyright Office to recognize an exemption to the DMCA to permit jailbreaking in order to allow iPhone owners to use their phones with applications that are not available from Apple's store (e.g., turn-by-turn directions, using the iPhone camera for video, laptop tethering). Apple's copyright infringement claim starts with the observation that jailbroken iPhones depend on modified versions of Apple's bootloader and operating system software. True enough -- we said as much in our technical white paper describing the jailbreak process. But the courts have long recognized that copying software while reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software, a body of law that Apple conveniently fails to mention. [/QUOTE] of course, this hasn't gone to court yet, so there is no law in place on it yet. this is a little old but i didn't see any thread about it (yes i used search) EDIT: Yes, yes, RATE ME LATE [img]http://d2k5.com/sa_emots/emot-regd08.gif[/img]

inb4 system restore

good [i]lord[/i] kill apple (itt: thread created to stir up Apple hate)

Bullshit. That's all this is.

God damn how many bricks does Steve Jobs have up his ass?

*awaits port of windows mobile*

This has been common knowledge from the get-go. Will they take action? Yes. Will it work? Probably not.

It's illegal according to their EULA and TOS and whatever, but not in the eyes of the law

Uhh, EULA is law in a court. You signed an agreement, and within that agreement, it says that you cannot jailbreak. Only problem is, apple has no way to prove you jailbroke it, so unless you leave it like that after apple does something, you're fine.

You pay for the software and the device. You should be able to do what you wish with it. Apple will bitch and moan about it, but in the end nothing will be done.

well, i think apple would lose in court. just like MS vs the EU did.

Yes, but don't expect a "let's give people other choices" ruling - mainly because this is about the lack of choice in the first place, not inhibiting choice.

The fact that Apple can get away with locking down their devices pisses me off

[QUOTE=SubWoof;16452593]The fact that Apple can get away with locking down their devices pisses me off[/QUOTE] Apple's barely getting away with it, the fact that we're all jailbreaking is testament to that. (The fact that Microsoft can get away with locking down their devices pisses me off, etc.)

I don't see anything wrong with it, Most everyone who I've personally seen jailbreak their iphone goes around showing everyone how they have half the apps in the app store stolen. I have an iphone, my mother and father both have them and I couldn't ever see the need to jailbreak, there isn't a thing that I want that it can't do; also buying a 99 cent app isn't that hard.

[QUOTE=Ajacks;16455476] I have an iphone, my mother and father both have them and I couldn't ever see the need to jailbreak, there isn't a thing that I want that it can't do; also buying a 99 cent app isn't that hard.[/QUOTE] Well some people want to be able to run apps that aren't for sale on the apps store.

[QUOTE=zombieslaya;16455866]Well some people want to be able to run apps that aren't for sale on the apps store.[/QUOTE] For me there hasn't been an app I've needed/wanted that wasn't available in the App Store. The fact that %90 of Apps downloaded/purchased are not used after the first day kind of also makes quite a few apps trivial and pointless. There are only a handful I ever use myself.

Just more shit about Apple telling people what they want and need. Just say "Hey, if you break your phone, tough shit. You didn't listen to us saying to not jailbreak it, so go play with your bricked iPhone."

Fuck 'em, just disable the killswitch so they can't go terminating your shit. and get on with the jailbreaking. Apple are always bitching about it, but nobody ever really pays attention. Weren't they denied help by some company when they tried to make it truly illegal before?

[QUOTE=its shortie;16451994]You pay for the software and the device. You should be able to do what you wish with it. Apple will bitch and moan about it, but in the end nothing will be done.[/QUOTE] You also sign\agree to a contract when you paid for it. Bottom line is, unless you're a dumbshit and make it possible for apple to prove you jailbroke it, you deserve the punishment.

its your frickin ipod

lol DMCA. Making it illegal to modify something you physically own. Most excellent.

[QUOTE=VassikinX3;16451986]Uhh, EULA is law in a court. You signed an agreement, and within that agreement, it says that you cannot jailbreak. Only problem is, apple has no way to prove you jailbroke it, so unless you leave it like that after apple does something, you're fine.[/QUOTE] So? I'll just hack my phone again so they won't know about it. Then wipe the OS or restore before sending it in to them. They'll never know. I'm gonna keep my jailbroken itouch. And there's nothing apple or anyone can do to stop me.

[QUOTE=firestorm0;16463150]So? I'll just hack my phone again so they won't know about it. Then wipe the OS or restore before sending it in to them. They'll never know. I'm gonna keep my jailbroken itouch. And there's nothing apple or anyone can do to stop me.[/QUOTE] Why did you basically explain what I said, but said it like I'm defending apple? All I'm saying is that it IS a breech of contract, but as long as you don't do something stupid like let them know and then not restore, they can't do anything.

[QUOTE=Samuelgames;16456892]Hey OP, you're like 6 months late[/QUOTE] HEY, i have an idea, TRY READING THE OP. [img]http://d2k5.com/sa_emots/emot-smug.gif[/img]

Wow. Apple can go get bent.

This changes nothing.

apple can say anything they want and their loyal consumers will believe them :downs:

They aren't going to sue users, they're going after the people making the Jailbreak hacks. Just like how they sued Psystar and not the people who bought Psystar Hackintoshes.

[QUOTE=VassikinX3;16451986]Uhh, EULA is law in a court. You signed an agreement, and within that agreement, it says that you cannot jailbreak. Only problem is, apple has no way to prove you jailbroke it, so unless you leave it like that after apple does something, you're fine.[/QUOTE] the legal status of an EULA is shaky at best in the court of law.