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Consumers still shouldn't jailbreak their iPhones says Apple

Written by Rich Fiscus (Google+) @ 27 Jul 2010 17:19 User comments (28)

Consumers still shouldn't jailbreak their iPhones says Apple Following yesterday's announcement of a new DMCA exemption for jailbreaking mobile phones, an Apple representative sidestepped questions about whether the company plans to take action against individuals publishing jailbreaking tools.
Based on the company's filing with the Library Of Congress during the DMCA rulemaking process, they consider jailbreaking copyright infringement.

In that filing Apple said modification of the iPhone's bootloader and OS and the installation of that modified code on an iPhone infringes on their reproduction and modification rights under copyright law.

They also claim ownership of even the copy of the iOS on every iPhone.

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."

However, in her report recommending adoption of the jailbreaking exemption Register Of Copyrights Marybeth Peters noted differences between iPhone software & the caselaw Apple cited in defense of their ownership claim. She pointed out, "law relating to who is the owner of a copy of a computer program under Section 117 is in flux."

She was referring to the section of US copyright law which deals with copying software. She also cited a 2009 case in which similar license terms for AutoCAD were found to be invalid.

Failing to find a concrete standard for ownership, she determined that modifying the iPhone's OS for purposes of interoperability meets the requirements for fair use. While this isn't a definitive legal ruling, which would require a federal judge's decision, it is likely to carry significant weight should Apple's infringement claim be tested in court.

Peters went on to criticize the entire basis for Apple's objections, stating, "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 ."

Instead of addressing the copyright question, an Apple PR representative told Cult Of Mac Publisher Leander Kahney, "we know that jailbreaking can severely degrade the [iPhone] experience."

She added, "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."

When asked whether the company would pursue legal cases against companies marketing or selling jailbreaking software, she simply stated that they haven't gone after anyone in the past.

And Apple has already had more than three years to go after jailbreakers for violating the DMCA. But what happens if jailbreaking goes mainstream as a result of the new exemption?

What if a company like Adobe or Google were to publicly embrace jailbreaking in order to distribute apps Apple doesn't want on the iPhone?

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28 user comments

127.7.2010 17:40
fonetricks
Unverified new user

If Apple doesn't want me to jailbreak their phone, they should contact AT&T on my behalf. I live in a neighborhood where houses average $950k.

My neighbor runs the HOA and can approve design spec & co-location for a cell tower. Once AT&T has a tower, and I'm in their service area, I can be a paying customer and reliably get their service.

Trying to get approvals for a tower isn't the problem, it's getting AT&T to put forward the capital investment, similar to what I did when I bought this expensive unlocked phone.

227.7.2010 17:46
Phone2363
Unverified new user

fonetricks, what does living in an area where the average price of a home is 950k got to do with having cell towers? Nothing

327.7.2010 17:48

"we know that jailbreaking can severely degrade the [iPhone] experience."
actually it upgrade the experience for me when i had 3g. I had to figure out how to jailbreak, how to download games for free, download apps for free, and without paying a dime i can use other apps that is NOT approve by apple. I personally RECOMMEND to jailbreak your Apple products. It is that much easier to use, you can have live wallpaper on 3g and 3gs like the Android phone do (i'm not sure if iphone 4 runs background live wallpaper or not) and you can always switch to T-mobile (if you also unlocked your phone)if you want to jump ship even tho they are worse than AT*T.

I believe that if you own something then you should have the power to do whatever you like with it, that is i can reprogram the device if i want, you can put shit in the phone that Steve Job dont want you to put (such as Flash,porn, adobe, some other games).

You own the the device, you should feel free to do whatever you like. Is like when you break something ACCIDENTALLY, none of the company wants you to return or repay you for it because "YOU" broke it. So another words, I break the device is still my device, and now if i jailbreak my device they are not happy about it because it is under their copy right shit, but wait a second, isn't it my device to begin with?, why would you care what i do with it? They can say that "it is consumer's problem that they accidentally dropped it, but it is the companies problem that they jailbreak it" WTF?

so umm, Apple, go shove yourself with a shovel.

This message has been edited since its posting. Latest edit was made on 27 Jul 2010 @ 18:19

427.7.2010 18:00

Does this new exemption to the DMCA mean that were going to be able to legally "jailbreak" our Macs too? Or lets go even further... Our Xboxes and Playstations?

I'd really like the reverse though. I want to be able to install Apple software on 3rd party equipment. IE buy a $1500 Dell that is exactly the same as a $3000 Mac, and install the Apple OS. This is wishful thinking Im sure...

527.7.2010 18:06

Originally posted by Phone2363:
fonetricks, what does living in an area where the average price of a home is 950k got to do with having cell towers? Nothing
Most utility companies, including water and power, will work with city planners to both manage urban sprawl and add capacity when a market grows.

The point is that if Apple continues to bundle with AT&T and make the full bundle a prerequisite to obtain warranty work, then they also need to live up to the full bargain and provide both service hardware that meets my needs consistently. I am willing to own the software issues.

I think it's just sad that over wireline, I can get 20Meg DSL. But there's no cellular coverage from a company that has "American" in it's name; even on the upper level on my house. YMMV, but I jailbroke the iPhone because T-Mobile works.

I remain an under-served Apple customer.
This message has been edited since its posting. Latest edit was made on 27 Jul 2010 @ 18:48

627.7.2010 18:07
Nodude
Unverified new user

You actually can install apple OS onto a Dell and save alot of $$...
http://wiki.osx86project.org/wiki/index.php/Installation_Guides

Originally posted by sc0rch3d:
Does this new exemption to the DMCA mean that were going to be able to legally "jailbreak" our Macs too? Or lets go even further... Our Xboxes and Playstations?

I'd really like the reverse though. I want to be able to install Apple software on 3rd party equipment. IE buy a $1500 Dell that is exactly the same as a $3000 Mac, and install the Apple OS. This is wishful thinking Im sure...

727.7.2010 18:08
skwid
Unverified new user

Originally posted by Phone2363:
fonetricks, what does living in an area where the average price of a home is 950k got to do with having cell towers? Nothing
haha touche!

I will not be unlocking my phone... I had two android phones(an eris, and the motorola droid)I could not stand their shaky interface I'm sure it had everything to do with downloading random apps. Of which I never downloaded anything too odd, you just can't be too sure. I've never ever had a problem with my iphone.

Also Hyasuma you don't make sense so shhhh

827.7.2010 18:16

Originally posted by skwid:
Originally posted by Phone2363:
fonetricks, what does living in an area where the average price of a home is 950k got to do with having cell towers? Nothing
haha touche!

I will not be unlocking my phone... I had two android phones(an eris, and the motorola droid)I could not stand their shaky interface I'm sure it had everything to do with downloading random apps. Of which I never downloaded anything too odd, you just can't be too sure. I've never ever had a problem with my iphone.

Also Hyasuma you don't make sense so shhhh

Sorry I dont make any sense, you just have re read it couple times. I like iphone, not doubt about that, i just hate at&t. So you dont think you should jailbreak it? why? u get free apps, u get have so much more freedom with your phone. why operate under shitty company as apple that wouldn't allow you to use such easy thing as Flash or Adobe?? Oh, you should try Evo 4g, is way better android phone than you think.
This message has been edited since its posting. Latest edit was made on 27 Jul 2010 @ 18:22

927.7.2010 18:52

Originally posted by fonetricks:
Originally posted by Phone2363:
fonetricks, what does living in an area where the average price of a home is 950k got to do with having cell towers? Nothing
Most utility companies, including water and power, will work with city planners to both manage urban sprawl and add capacity when a market grows.

YMMV, but I think it's freaking hilarious that I can get 20Meg DSL, but no coverage from a company that has "American" in it's name, even on the 3rd floor of my house.

I remain an under-served Apple customer.
If you want to drop att it can be done. Especially if u have a iPhone under contract and if can't use data network properly. If u have an iphone on edge bc att crappy network doesnot have 3g in your area, and u have trouble using iphone apps and browser unless u are connected to wifi they have to let u out of your contract free. Edge should be adequate for data and if its not working then att has breached the contract.

If anyone doesnot have 3g and has to use wifi your a damn fool. You pay 30 dollars a month for data network that doesnot work, you might as well get the grease out. verizon and the droid were the fix for me. I made 575 dollars selling iPhones on eBay. Cha-ching!

1027.7.2010 19:00

If you are jail breaking your iPhone to get cracked apps and cracked games that is just pathetic. $.99, $1.99, $2.99 even $4.99 for a game is too much for you? You can afford a $299 to $699 iPhone but cant be bothered to pay $4.99 for an app? Some of these apps even offer a LITE version to try first.
If your doing it for the $100 GPS then I understand. That's a little pricey.

1127.7.2010 19:14
Steve the iConArtist
Unverified new user

Wake up crApple. No one cares! People have moved on...to Android.

1227.7.2010 19:22

HA HA Apple! You SUCK!
Power to the People.

1327.7.2010 20:34

Hehe I had a feeling Apple try to say this but not this soon. Trying to say anything to try people to Jailbreak their phones sorry Apple it aint gonna work.

1427.7.2010 20:39

Originally posted by djeazyg:
If you are jail breaking your iPhone to get cracked apps and cracked games that is just pathetic. $.99, $1.99, $2.99 even $4.99 for a game is too much for you? You can afford a $299 to $699 iPhone but cant be bothered to pay $4.99 for an app? Some of these apps even offer a LITE version to try first.
If your doing it for the $100 GPS then I understand. That's a little pricey.
I don't wanna put words in anyone's mouth or anything, but I'm pretty sure money isn't the issue here. I'm pretty sure it has a lot more to do with how Apple tries to dictate to you what types of apps you're "allowed" to instal on your phone. The fact that up until now you weren't "able" to multitask with the phone, unless you hacked it and made it possible. No 3g tethering. Being "locked" to AT&T whether you're in a 3g coverage area or not and being left with no other alternative. Just to name a few things. If Apple would stop being so arrogant and open up their OS allowing more freedom to developers to in turn, help customers more fully utilize all the phone's capabilities, people wouldn't feel the need to go this far. But Apple insists on being stubborn so whether this new law stays in effect for long or not won't really matter. Sure the numbers of people jailbrakig these phones won't be as high or as cheap if it doesn't become mainstream but enough people have been doing this ever since the 1'st model came out and will continue to be done, so that's my 2 cent son the matter. I never have and never will own an Iphone but from what I've read and heard about this matter from this and other forums, that's what I've takne from it all.

1527.7.2010 21:05

Originally posted by lxhotboy:

If you want to drop att it can be done. Especially if u have a iPhone under contract and if can't use data network properly. If u have an iphone on edge bc att crappy network doesnot have 3g in your area, and u have trouble using iphone apps and browser unless u are connected to wifi they have to let u out of your contract free. Edge should be adequate for data and if its not working then att has breached the contract.
For one thing no wireless carrier will guarantee your service. Your contract does not have anything in it about the level of service you should be receiving. It is simply because you got a phone and were too much of a cheap ass to pay retail for it.

You go ahead and say your service sucks and you want to cancel and see what at&t says to you. I try not to laugh at people when I answer their call and they complain and threaten to cancel over crappy service and yet its the 32nd day after they upgraded. If it was so crappy why did you upgrade in the first place and why did you wait until you couldn't return the device before trying to jump ship? That's dumb on your part.

1627.7.2010 21:19

"we know that jailbreaking can severely degrade the [iPhone] experience."

I have to disagree with this. Jailbreaking is what made the iPhone great. From the very beginning, the iPhone couldn't many do things at the time, including landscape text input, file transfer via Bluetooth, an actual wallpaper, tethering, multi-tasking and many more. Until very recently is when we were officially given the ability to choose our wallpaper, have horizontal text input, multi-tasking and many more. If it weren't for the jailbreaking scene, I don't see how this could've survived for any reasons other than popularity.

"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."

Uhh... Just press restore via iTunes IF it does become unstable, and that's likely to the flood of winterboard themes I've seen people use at once or did something stupid via mobile terminal....

1727.7.2010 21:20
Adobe employee
Unverified new user

Haha apple you suck, now you get it, you don't let our flash on your device, now you will see we will jailbreak ur device hahahahaha we got our revenge finally hahahahaha. We got he media on our side and we got a full force employees online posting comments on your crappie company. You made an enemy out of us, you still have time, install our flash on your device or we will unleash more comments.

1827.7.2010 22:47

Okay this issue is absolutely ridiculous. Anytime you have a large majority of customers that can compares a companies product to a prison; something is really wrong.

I mean, who the heck (now days) wants to be locked into only one service provider without any choice in the matter. I can think of millions of people who would not. I can think of 100's of millions who would rather have a choice, and again millions who have taken it upon themselves to carve out a successful niche in making that choice a possibility for the masses.

Screw the warranty because there are so many other independants who will fix anything and everything better than the appple store could.

lol

Times have changed this is not the 90's anymore.

1927.7.2010 23:01

Originally posted by leikamkei:
"we know that jailbreaking can severely degrade the [iPhone] experience."

I have to disagree with this. Jailbreaking is what made the iPhone great. From the very beginning, the iPhone couldn't many do things at the time, including landscape text input, file transfer via Bluetooth, an actual wallpaper, tethering, multi-tasking and many more. Until very recently is when we were officially given the ability to choose our wallpaper, have horizontal text input, multi-tasking and many more. If it weren't for the jailbreaking scene, I don't see how this could've survived for any reasons other than popularity.

"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."

Uhh... Just press restore via iTunes IF it does become unstable, and that's likely to the flood of winterboard themes I've seen people use at once or did something stupid via mobile terminal....


I remember when I had an I-phone for the first time waaay back. Everybody all around was screaming about not being able to do this and not being able to do that, and I would listen to the older folks who were die hard loyal, upright, uptight, apple church going citizens, say that "Oh I brought my i-phone that was having problems to the apple store and they were like (ABRACADABRA) FIXED"

UUUUUU ahhhhhhhhh

But I was able to tether, skype, etc,etc,etc, and a thousand more etc's.

Come on Crapple YOU CAN'T KEEP PEOPLE IN THE FREAKING DARK ANYMORE FOR CRIPES SAKE. ITS TOO EASY FOR "US" NON BABY BOOMERS TO SEE PAST ALL THE HYPE AND HYPNO MANIA BECAUSE WE HAVE REALIZED A NEW MARKET THAT THE BIG GUYS ARE NOW AFRAID OF. Some of these big guys were started under the very same "FREE WHEELING" PRINCIPLES. LEARNIGN EARLY ON HOW TO FUNNEL THEIR TECHIE KNOWHOW AND CREATE NARROW LINES AND PATHS FOR RELATIVE TECH DUMMIES TO FOLLOW.


2027.7.2010 23:07

Apple's warranty is only valid for 1 year. So, if a phone is more than a year old, go ahead and jailbreak it: who cares about the warranty?

2128.7.2010 0:14

If the phone is jailbreak-able jailbreak it . Apple has no way of telling any way . If the phone needs to be sent in for warranty restore the phone to factory os . Apple fanboys are the only ones blind enough to say jailbreaking "degrades iphone experience" . I had mms like two years before apple implemented it into the os . They are a stubborn company fixed in their ways and dont give a shit what their customers think . So enjoy your lame unjailbroken os fanboys . FREE THE IPHONE !!!!!!

This message has been edited since its posting. Latest edit was made on 28 Jul 2010 @ 0:16

2228.7.2010 2:25

Stop being trendy sheep and just buy a different smartphone, the iphone is crap, jailbroken or not, and way over priced.

I have a Sega megadrive/genesis emulator running on my Nokia, out of the box. I also have a torrent client, live TV, TV out, DivX player etc.
I can move media and content between my phone and PC without having to install any crappy software to my my desktop.

Products that dictate to you how you must use them really grind my gears.

2328.7.2010 7:27
jhonnydemonseed
Unverified new user

Originally posted by sc0rch3d:
Does this new exemption to the DMCA mean that were going to be able to legally "jailbreak" our Macs too? Or lets go even further... Our Xboxes and Playstations?

I'd really like the reverse though. I want to be able to install Apple software on 3rd party equipment. IE buy a $1500 Dell that is exactly the same as a $3000 Mac, and install the Apple OS. This is wishful thinking Im sure...
um broski u can already do that its called a hacintosh

2428.7.2010 8:07
Former Apple Employe
Unverified new user

Originally posted by jhonnydemonseed:
Originally posted by sc0rch3d:
Does this new exemption to the DMCA mean that were going to be able to legally "jailbreak" our Macs too? Or lets go even further... Our Xboxes and Playstations?

I'd really like the reverse though. I want to be able to install Apple software on 3rd party equipment. IE buy a $1500 Dell that is exactly the same as a $3000 Mac, and install the Apple OS. This is wishful thinking Im sure...
um broski u can already do that its called a hacintosh
Tell that to Psystar.

2528.7.2010 8:42

Originally posted by Hyasuma:
"we know that jailbreaking can severely degrade the [iPhone] experience."
actually it upgrade the experience for me when i had 3g. I had to figure out how to jailbreak, how to download games for free, download apps for free, and without paying a dime i can use other apps that is NOT approve by apple. I personally RECOMMEND to jailbreak your Apple products. It is that much easier to use, you can have live wallpaper on 3g and 3gs like the Android phone do (i'm not sure if iphone 4 runs background live wallpaper or not) and you can always switch to T-mobile (if you also unlocked your phone)if you want to jump ship even tho they are worse than AT*T.

I believe that if you own something then you should have the power to do whatever you like with it, that is i can reprogram the device if i want, you can put shit in the phone that Steve Job dont want you to put (such as Flash,porn, adobe, some other games).

You own the the device, you should feel free to do whatever you like. Is like when you break something ACCIDENTALLY, none of the company wants you to return or repay you for it because "YOU" broke it. So another words, I break the device is still my device, and now if i jailbreak my device they are not happy about it because it is under their copy right shit, but wait a second, isn't it my device to begin with?, why would you care what i do with it? They can say that "it is consumer's problem that they accidentally dropped it, but it is the companies problem that they jailbreak it" WTF?

so umm, Apple, go shove yourself with a shovel.
I'm totally for jailbreaking so that non Apple-approved apps can be installed on your iDevice. But I'm completely against the downloading and installation of paid-for apps available through the App Store. Not only is this very clearly stealing (which jailbreaking, despite its evocative name, is not), you are damaging the software authors -- many of whom are not big-rig houses, but independents who've invested a lot of time, effort and money to bring their product out to the light.

Don't do that. It's going to degrade software in the long run, and it's going to hurt us all in the long run with junkier software and higher prices. For Pete's sake, spend the $.99 on the game.

2628.7.2010 12:31

Doh....Why do I have the urge to get an iPhone just to jailbreak it? I wouldn't be caught dead using it but ARGGHHH!

2729.7.2010 11:49

Originally posted by sc0rch3d:
Does this new exemption to the DMCA mean that were going to be able to legally "jailbreak" our Macs too? Or lets go even further... Our Xboxes and Playstations?

No. This only applies to phones. Ironically that means even other iOS and Android devices aren't covered.

2829.7.2010 23:38

I dont see what the big deal is.if you own a product and want to make it work better or do things it wasnt built to do then it should be your choice.whether its an xbox,ps,a ninetendo,a car,an iphone or any other things you brought it,you own it so it should be your chice what you do with it.As soon as we start letting people or companies tell us what we can do with our own products we lose freedom.


custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

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