Apple Says Jailbreaking iPhones Is Illegal, Files Complaint With US Copyright Office

[Edward Kirk]

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The Electronic Frontier Foundation just posted news on their official website that Apple has filed claims with the U.S. Copyright Office claiming that jailbreaking your iPhone is illegal. They argue that jailbreaking requires a modified version of Apple's software, which infringes on their copyrights and is a <a href="http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act" target="_blank">DMCA</a> violation. <!--break-->

The EFF responded to the complaints by saying that even though jailbreaking does require modified code,"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."

With the exception of refusing to swap modified units and doing their best to break exploits used for jailbreaking and unlocking with software updates, Apple has been mostly quiet when it comes to jailbreaking. But, if these claims are true, then they may not have been letting on how strongly they oppose it.

The EFF has taken an active role in defending the jailbreaking and unlocking of iPhones in the past. Back in December <a href="http://www.iphonealley.com/news/eff-petitions-for-jailbreaking-exception-from-dmca" target="_blank">they started</a> a petition to the Library of Congress to exempt jailbreaking and unlocking from DCMA, and launched an <a href="http://www.iphonealley.com/news/eff-starts-petition-to-make-unlocking-jailbreaking-exempt-from-dcma" target="_blank">online petition</a> to the Copyright Office earlier this year.

[via <a href="http://www.eff.org/deeplinks/2009/02/apple-says-jailbreaking-illegal" target="_blank">EFF</a>]</div>

[BZATWORK]

I used to jailbreak my iPhone. It made me feel somewhat edgy and computer literate. Now, with the advent of the app store, it's more of a beta tester/banned app dumping ground. I have no need to teather my phone and computer nor do I need turn by turn gps on my phone. As such, I no longer jailbreak. I can see the appeal of unlocking though to users who want to b set free. In sum, I say let 'em crash.

[Carolinamic]

I gotta agree with u to a certain extent, but then again. ... To me jailbreaking my iphone was like customizing a car. Yeah I could been like everyother iPhone owner who hasn't jb their phone, but I like to be a lil different that's y I bought it in the first. Thanks dev team and keep up the great work.

[kenj801]

Quite simply, Apple's iPhone OS restrictions are arbitrary and stupid. Copy/Paste, MMS, background enabling, e-mailing of files... they are possible with a jailbroken phone. If Apple "allowed" these things (plus a few more things people want - the wish lists are everywhere) jailbreaking wouldn't be necessary.

[caliban10]

Android, Palm Pre...we'll go elsewhere if they lock us out.

[crewman76]

Quite simply, Apple's iPhone OS restrictions are arbitrary and stupid. Copy/Paste, MMS, background enabling, e-mailing of files... they are possible with a jailbroken phone. If Apple "allowed" these things (plus a few more things people want - the wish lists are everywhere) jailbreaking wouldn't be necessary.


Well, if your warranty is voided anyway you should be able to do whatever you want!
for example:
My iphone had a little water get in it 4 months ago but worked perfectly a few days after i let it dry out. last week i noticed my gps maps was "not" getting the blue dot, just the small blue circle. apple would not do a thing about it because of the water sensor being tripped......4 months ago! so now they'll dismiss "anything" because of that sensor. so i've jailbroken the phone.

[Dominique]

What if Apple was behaving as a smart company ? By selling unlocked phone for example or letting third party applications to work on the Iphone.
But the answer is no. Apple wants to make more and more money and the way to do it is to lock everything : that's a lost fight.
The Iphone is a nice phone but I hate to feel being in jail. So long life to jailbreakers...

[byronchurch]

I used to jailbreak my iPhone. It made me feel somewhat edgy and computer literate. Now, with the advent of the app store, it's more of a beta tester/banned app dumping ground. I have no need to teather my phone and computer nor do I need turn by turn gps on my phone. As such, I no longer jailbreak. I can see the appeal of unlocking though to users who want to b set free. In sum, I say let 'em crash.

Yea I used to have friends . They made me feel loved and supported . But now I Get all I need from the Spaghetti Monster . All my old friends and fellows seem like losers and Lessors . I say Good reddens . I Know Ye not !

[BZATWORK]

Yea I used to have friends . They made me feel loved and supported . But now I Get all I need from the Spaghetti Monster . All my old friends and fellows seem like losers and Lessors . I say Good reddens . I Know Ye not !

Give my love to your right hand - I mean, "wife." And for god's sake, manicure!!!!

[frannyc28]

Hey! So I paid full price for an item (either by actually paying or by engaging on a contract with a effedUp company as AT&[shi]T) and I am not able to do whatever I want with it?
Will Nike sue me if I go and change the insert of their running shoes for my Gelly ones? I mean Nike designed the shoes with certain inserts that were supposed to be used with those shoes. and the Gelly Inserts are the same size and shape but different material... This is bullshit. They (both companies) should cut the crap and allow people to do whatever they effing want with whatever they acquired and paid for.

I have been asking a question to AT&[shi]T & to Apple that they have not been able to answer and I would love to know if anybody has the answer...

I signed a contract for 2 years with them and with that contract I am paying for the ENTIRE price of the phone. Therefore (and as it happens with all other phones) after 2 years and when the contract is expired I should be capable (it is stated in the contract) to UNLOCK MY PHONE AND USE IT WITH OTHER COMPANY if I want... Are they going to release (either Apple or AT&[shi]T) the LEGAL software to UNLOCK the iPhone 3G on July 12 2010?...

I have always got an: eeeeeehhhhh eeeehhhhh, as a reply both from AT&[shi]T and Apple...

[imagine engine]

Apple hasn't the legal right to restrict what software their customers install on their purchased iPhones. They can void the warranty but shouldn't since installing third party apps on the iphone is no different then installing third party software on my Mac. Why isn't Apple telling me what I can install on that? A suggestion for Apple is to stop censoring apps which consumers want and actually listen to their customers needs instead of trying to please wireless carriers. That way we wouldn't need to jailbreak to have tethering, copy/paste, themes, turn by turn voice navigation, video recording, etc.

[deise boy]

simple if you want custom themes and tones and other handy apps jailbreak..
if you dont .. dont .. i always jailbreak... no matter what i woulndt use the iphone without it as it looks like shit without cool stuff on it..
but hey

its up to each and every owner...
but apple shut the fuck up crying over this as the more you make a fuss the more we will try harder to disobey..