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Electronic Frontier Foundation : Apple has decided to deem 'jailbreaking' illegal in response to the ... Apple iPhone News forum

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    j llama's Avatar
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    Apple takes a stance on Jailbreaking, decides it's 'illegal'

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    Electronic Frontier Foundation: Apple has decided to deem 'jailbreaking' illegal in response to the Electronic Frontier foundation filing papers back in October asking Congress for an exemption to allow consumers to jailbreak their devices. Well Apple decided to fight back with this docket submitted to Congress in December.

    In short, EFF says:
    Jailbreaking a Smart Phone for the purpose of running lawfully
    obtained software does not infringe copyright
    Apple's response in short:
    Jailbreaking Results in Copyright Infringement
    The Unauthorized Modifications to the Bootloader and OS Made in the Course of Jailbreaking Are Not Protected by the copyright statute.

    The Unauthorized Modifications to the Bootloader and OS Made in the Course of Jailbreaking Are Not Protected by The Fair Use Doctrine
    Eff's request to Congress: http://www.eff.org/files/filenode/dm...Bproposals.pdf

    Apples motion to Congress http://www.copyright.gov/1201/2008/r...ple-inc-31.pdf


    Your thoughts?


    Last edited by j llama; 02-13-2009 at 02:35 PM.
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    rokinDa8703e's Avatar
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    While I agree that a company shouldn't force a person to use a certain carrier I do agree with apple because as with any software the end user isn't buying it they are paying for the ability to use it in a manner consistent with the terms set forth in the acceptable use agreement (TOS) which in most cases forbids any unlicensed modifications.

    Its the same with hacking OSX to work on non-apple hardware.


    ~via smartphone~

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    Oh WTH!!! There goes my dream of owning a jailbroken iphone. Well, if they don't want people to jailbreak why not include MMS as standard instead of hiding it? Shouldn't this be considered illegal on their behalf as well? Why must they limit its contents or cripple them? I just don't get it.
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    there should be a law against crippling a phone for the profit of the company. < the main reason i left VZW! i hate them.

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    hmmmm...let's see. I go purchase a phone for 300+ dollars. I pay the bill for using the phone. It is my phone. I get to do what ever the #%$$#% I want with it.

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    The interesting thing is that Apple has already launched code in some of their updates to Brick jailbroken phones. Hopefully Microsoft doesn't follow suit when people cook their software to modify things as well as unlock phones.

    Zo

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    There is substantial legal precedent for USC Title 17 Section 1201 Subsection F (one of the DMCA additions), which states that copying software for reverse engineering in order to enable interoperability with independently created software is legal.

    Law trumps EULA in this regard, so EFF will probably win this.
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    ~via 8320~ people will always find a way. Apple will just waste money trying to stop them.

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    Quote Originally Posted by rokinDa8703e View Post
    While I agree that a company shouldn't force a person to use a certain carrier I do agree with apple because as with any software the end user isn't buying it they are paying for the ability to use it in a manner consistent with the terms set forth in the acceptable use agreement (TOS) which in most cases forbids any unlicensed modifications.

    Its the same with hacking OSX to work on non-apple hardware.


    ~via smartphone~
    I am going to have to disagree with you on the part about apple. You pay for the phone, you pay for the service, you even pay for the apps, you should have the right to do what ever you want to it. Apple does not lease the phone to you, they shouldn't tell you what to do with it.

    That's like buying a car, then the company that makes the car tells you how you drive it, what you use for, and what to put in your it.
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    The better solution is just to get a Blackberry that does everything you want without needing any mods. ~via smartphone~

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    If the law says so...

    I think this is a complicated issue in both ways. The iPhone 2nd gen. is subsidized by AT&T and Apple, and that is the one concession that I think that Apple actually has some kind of case. When a phone is subsidized, you haven't payed the entire price of a phone and are locked into a 2 year contract with that carrier. Technically, the phone is on lease to you until the contract is up or you pay a fee to end the contract. If you think any further, Apple also owns all of the software that make up the issue and has the rights to the software code. Under that law in the Code, technically, you could break into any phone or computer system code to run it the way you want. One could spend days objecting to it but when the case goes through, don't cry over spilled milk.

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    ItsNowOrNever's Avatar
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    Quote Originally Posted by jzarowitz View Post
    The better solution is just to get a Blackberry that does everything you want without needing any mods. ~via smartphone~
    Hmmmm....if that were the case there wouldn't be apps made for the bb...even that doesn't do "everything"...

    I however DID pay 600 for my iphone when I had it---how dare apple try to tell me that the phone I paid full retail for shouldn't be jailbroken. Give me MMS, Video and the ability to change any and all wallpapers and I won't have to jail break my phone. That was my problem. The stock on the iphone is UGLY and LIMITED!!!! Give me the ability to create MY phone how I want it and I won't jailbreak it! Its that simple. I hope they loose after a long expensive legal battle. Congress has a lot more important things to deal with right now than a whiney company who is making a profit in the recession!

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    F*** apple this economy sucks its all about the profit margin. All companies amke their products in order to make the most profit. I say f*** apple and do whatever you want with the phone that you bought that is worth 600$. If they have the balls to complain, sell ur phone and buy a bb.

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    thbassman's Avatar
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    Quote Originally Posted by j llama View Post
    Electronic Frontier Foundation: Apple has decided to deem 'jailbreaking' illegal in response to the Electronic Frontier foundation filing papers back in October asking Congress for an exemption to allow consumers to jailbreak their devices. Well Apple decided to fight back with this docket submitted to Congress in December.

    In short, EFF says:
    Apple's response in short:

    Eff's request to Congress: http://www.eff.org/files/filenode/dm...Bproposals.pdf

    Apples motion to Congress http://www.copyright.gov/1201/2008/r...ple-inc-31.pdf


    Your thoughts?

    J you are just trying to stir up something aren't ya???

    I have mixed views, but I think once you pay for it you should be free to do what you want with it, as long as its legal. There was a good point made that while under a contract you have some obligations to the carrier but I am unsure whether I agree that they carry that far.

    Just my 2cts.
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    Yet 1 more reason to never buy Apple stuff. It should be no different than buying a PC. YOU have the choice of which OS to use on it. Soooo Apple, you can sell me the iPhone, iPod or mac and I will decide what to run on it. No licence or EULA needed, we can use your hardware withOUT you soft ware!

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