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.
That's as absurd as the recording industry saying copying your legally bought CDs makes you a theif.
no. that's as obsurd as saying that it's illegal to make music for a CD player after hearing a song that blew your mind.
Unlocking affects the networks Apple holds contracts with, jailbreaking affects Apple itself as it doesn't get any revenue from App Store downloads.
Now, if people are stealing App Store applications or something (presumably the ones you pay for, since who cares about the free ones), that would be another matter entirely, but I'm not seeing that issue (if it is one at all) being brought up here.
"Apple doesn't have a monopoly on... mp3 players". I just want to give that a minute to resonate.
"a monopoly exists when a specific individual or enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it"
sounds like what's going on to me..... actually, everything i perceive apple to do is in violation of the definition of monopoly:
"A monopoly is said to be coercive when the monopoly firm actively prohibits competitors from entering the field."
sounds like what they're doing with the app store, barring developers from coming in where they already have or are planning a product (e.g. turn-by-turn GPS)
this is literally a monopoly. you can't install another browser, gps is crippled... this would be the equivalent of trying to install firefox on windows and windows blocking it. people would be screaming bloody murder. i don't understand how this has become acceptable because it's the iphone.
Didn't you know? Apple can do no wrong. If it had been any other company people would be ready to tar and feather them.
Yet apple doesnt own the hardware, you do, they only license the software to you, you should legally be allowed to remove their software and replace it with what ever you want
As long as you don't play pirated games on your Xbox 360 you can do what you want with it.
Modding it will void your warranty and also block you from playing over XBox Live thought since XBox Live is owned by MS and not you
I really don't see how jailbreaking your OWN mp3 player could be illegal. It is really going to far these days. Something is wrong when you don't own the things you buy anymore.
I mean you don't buy the right to use the iPod you actually buy it. It's a piece of hardware and like a PC you should be able to install the OS you want on it.
Here's the problem.
The jailbreaking community already exists and is fairly healthy.
Baiting the wolf by going public is just asking for trouble.
Presumably the EFF think they can win. Jailbreaking is already very public.
Last edited by excalpius on 13 Feb 2009 - 23:58
That's already the case, Apple do not allow OSX to be installed onto a PC hardware based machine, it must be Apple hardware according to them.
And yet Apple complain Microsoft are anti-competitive?
Edit: I'm going shopping tomorrow and will go to the Apple store and give them a piece of my mind.
Last edited by thealexweb on 13 Feb 2009 - 19:59
This wont go anywhere
1.Getting iPhone OS to work on another Cell phone not made by apple
( since you didn't pay directly for the OS, you should't be allowed to do that)
2.Installing Linux or another OS on iPhone/touch hardware
(correct if secure radio chips power are used )
3. Tweak system to boost multiple radio chip power.
( dangerous for humans close to the device, can take fire and create interferences with others device and with cellulars operators. )
What lock down? Most people don't jailbreak their iPhones and are perfectly happy with Apple's ecosystem and the way it works.
(Secondary quote buttons seem to be missing for some reason...)
And if they don't . . . then what are we to conclude? That they're wrong? That they're right?
Second, you need to pay for a license, which costs 100 dollars.
Right. I'll have to remember that.
First of, if you're going to argue, try to stay in line. You claim of him saying that Apple's products being "beautiful" and/or "awesome" made Apple a scam is as fallacious as it gets, for he never stated such.
Second, it is funny that earlier, you claimed your entitlement to your opinions when challenged about your statements being propaganda, while you do challenge rakeshishere in the same manner, although more subtlely.
Third, if you wish to keep a shred of credibility, stop acting like only your point of view matters. And don't bother defending yourself on this, because you're wrong. (If you didn't know how annoying that attitude of yours was to others, now you know.)
I don't care. If I find someone's point of view agreeable, I'll agree with it.
I'm not here to please you. If you find what I say annoying, well, them's the breaks. I find a lot of posters on this site thoroughly annoying, but you don't see me crying about it.
Oh the irony.
Then you have just confirmed what most of us have suspected all along - you are speaking just to hear yourself speak.
1) more support calls
2) frustrated users with borked iPhones
3) the erosion of the iPhones user-friendly image, that is, bad PR.
The iPhone isn't necessarily for the kind of technophile that frequents Neowin. Putting anything you want on your iPhone might be alright for you and me, but not for the majority of users. It's just easier for Apple and for everyone else if they kept this kind of ****ing around with their product to a minimum. Apple likes to keep a firm grip on the kind of user experience that is associated with their products. For the average user, this is a blessing. For the tech-oriented, perhaps not so much. Like it or not, this is how they can lay claim to so many positives about their products as opposed to the competition.
From the EFF article:
"Apple justifies this by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability, and swing the doors wide for those who want to run pirated software."
That's a perfectly reasonable position.
Interestingly enough, EFF is asking for an exemption from the DMCA, which means they agree that they need one. The only reason they would need an exemption is because otherwise the DMCA would prohibit their activity. In other words, EFF is asking for an exemption from the purpose of the DMCA. Pretty stupid.
Last edited by LTD on 13 Feb 2009 - 22:37
They don't however, focus on end-users doing unpredictable and often risky things to their products.
Apple is really the only company out there that develops hardware, software, and the UI (all-important) with the end-user as first priority.
Sorry, but you, as a tech enthusiast who like to customize, fiddle with things, and run all kinds of crap on your device, you're in the minority in terms of the iPhone market. That's really the business perspective on the issue. And it makes sense.
That's a perfectly reasonable position.
My take on it isn't because Apple is concerned with pirates, security or user experience. It's main concern is keeping customers locked into their proprietary software and hardware. That I think is Apples number one concern. they just use the other excuses to hide the real truth.
I suspect your sentiments reflect the minority. It's not a major concern for the average consumer. And in fact, there are plenty of advantages with the the way Apple does things. You need to look at the big picture.
It must be some kind of problem or being able to jailbreak your phone would be happening. Apparently there are those that aren't liking the lock-in.
Apple, if you wanted fair, you were born to the wrong species.
Apple currently rules this business, and seems to be the only company that knows how to do it right.
The tech minority, however, will continue to cry to no avail. Let them.
Be happy that jailbreaking currently exists. It's an underground movement and best in the long run that it stays that way. Apple's current model is far and away, beyond successful. There is no reason to change it, and the average user is happy with how things are currently. And I'm in agreement with the view that jailbreaking in the long run can cause more headaches than it's worth for the average user.
"Let the tech minority cry to no avail"
"The average user is happy with..."
LTD, you really don't know that you are part of a niche of niche with < 4% market share. Your regurgitated Apple corporate spin does NOT represent the tech MAJORITY, the AVERAGE user, or the RULE of anything in the real world.
The ONLY thing Apple currently "rules" in is MP3 players...that's it. Nothing more, nothing less.
Eh??
It's not. If you don't call it a phone it's a portable media player.
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.
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 (www.rockbox.org , 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
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.
10 huge posts just on this one article. I hope you get paid to do this man, cus otherwise go get a life
This is why I bought a WM phone (HTC Touch Pro). I can endlessly modify it and have done so.
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 have my iPhone on contract and its got the app store and I can just get as much as I want for free
I never get charged for downloading an application :s 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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