Apple says jailbreaking is illegal

Apple has for the first time gone on record to say that jailbreaking your iPhone or iPod Touch is copyright infringement.

Every three years the US copyright office holds a rulemaking session with regards to the Digital Millennium Copyright Act where corporations can file complaints or exemptions.

For the 2009 session the EFF (Electronic Frontier Foundation) filed an exemption request for jailbreaking iPhones for the use of interoperability with independent software (read: anything not in the App Store) to help keep the jailbreaking community alive.

Apple filed a formal complaint that sates jailbreaking is copyright infringement which is not legal. The entire complaint can be found here ( warning, PDF) which states jailbreaking "involves infringing uses of the bootloader and OS, the copyrighted works that are protected by the TPMs being circumvented."

The EFF claims that "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."

It could be quite the fight for the two organizations and hopefully it doesn't come down to who has a bigger bank account because it could be argued that the jailbreaking community gave Apple the idea of creating an App store.

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Do not forget to mention those nastards at Nokia/Symbian. They are deciding what you can install on your own phones. The next thing will be when they tell you you don't own your phone you just bought the right to use it. Money-hungry corporate *******!

solvent said,
Do not forget to mention those nastards at Nokia/Symbian. They are deciding what you can install on your own phones.


i have symbian and i have capsswitcher + installserver, so i can install every single piece of software i want. and it's legal per article 25 of the law on copyright and neighbouring rights.

It should be interesting to see Apple try and argue that the iPhone is NOT a mini-PC, which by anyone's reasonable definition, it is.

excalpius said,
It should be interesting to see Apple try and argue that the iPhone is NOT a mini-PC, which by anyone's reasonable definition, it is. :)

It's not. If you don't call it a phone it's a portable media player.

It runs OS X...

And has a hard drive, CPU, runs applications (native and third party), has a screen to interface, shows pictures, plays music, browsers the web, etc. etc. The iPhone IS a mini-computer (and a damned elegant one) whether you want to admit it or not.

Personally, I believe it should be allowed for people to do this, but then just have the warranty voided once they do. Problem with this though, is that jailbreaking is undetectable if you've restored your iPod/iPhone to original firmware.

It will be interesting to see how this all plays out. I don't have a side, because guess what: I don't own an iPhone. My advice to everyone is if you don't like Apple's practices, then don't buy Apple products.

LOL copyright infringement you have to be kidding me more like opening up their own platform. Too bad in the meantime doing the jailbreak it doesn't actually violate any copyright lol

Apple is just upset cause people dont want there official overpriced crap is all.... people make free stuff that's probably just as good if not better and for FREE.

either way though Apple brand stuff in general, although good, is not worth the money since im sure there's similar level stuff on the market at a much cheaper price.

p.s. it's sorta like Rockbox ( , free Open-Source firmware) does for Digital Audio Players as it makes them much better than stock firmware as it has ZERO limitations on what it can do, the only limits are the limits of the hardware and not software

How is jailbraking "copyright infingement"? What exactly is "copyrighted" here? It's not like you end up cloning iPhones at no cost.

I wouldn't really even care about jailbreaking if it wasn't for a handful of very useful apps, like the one that lets you swipe the top bar and after that turn on/off 3G, WiFi, Bluetooth etc to save battery. I would have no need for jailbreaking if Apple simply either provided ease of use functions like these on their phone or let developers also do apps that change system settings. Since apps need to be approved to get into Apple Store in the first place I don't see this as a huge security problem.

Likewise if someone comes up with a better SMS app or browser then you should be able to get it into the store but Apple is blocking that because it's similar to what's already available from them.

Jailbreaking is illegal? The solution is pretty simpel to that, make sure we don't have to jailbreak. I'm pretty sure the phone will still be sold!

Yah. Every cell phone you legally own, does have restrictions from the maker. When u buy something you should be able to do everything you want with it. By the end you own it because you bought it. Why can't a cell phone (or intelligent phone) can play mp3 or ringtones when you transfered it in? Having to pay more to have ringtones, and softwares is just robbery. Have we bought the phone or not ? That's just lame.

lol does LTD spend all day searching for apple news items with comments and defending Apple's decisions?

10 huge posts just on this one article. I hope you get paid to do this man, cus otherwise go get a life :P

Another reason I didn't get an iPhone. When I spend money on something IT BELONGS TO ME. If I want to take it apart, paint it, or anything else, I BOUGHT IT, IT BELONGS TO ME.
This is why I bought a WM phone (HTC Touch Pro). I can endlessly modify it and have done so.

Yup, exactly. They have every right to NOT support your phone if you jailbreak it (much like voiding a warranty by opening any electronics device) but to say it's illegal? Ok, Apple, how would you like to enforce that? Audit iPhone users? Randomly select them to come in to an Aple store and have their iPhone inspected?

Spend more time figuring out how the bleep you are going to make a "Mac vs PC" ad based on Windows 7 and less time trying to sue your own customers.

I've read about jailbreaking and see no point in it :l
I have my iPhone on contract and its got the app store and I can just get as much as I want for free :S
I never get charged for downloading an application I am confused :l

you bought iphone, you can dump it, break it, run over it, burn it, open it and disassemble all parts because you bought it and it is yours ...but you cannot jailbreak it ? wtf!

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