Uh oh, Ashton, it looks like Apple might have a thing or two to say about that
jailbroken iPhone of yours. Every three years the Copyright Office asks for proposed exemptions to the Digital Millenium Copyright Act's rules against breaking access protections, and this time around the lovable scamps at the Electronic Frontier Foundation have asked that jailbreaking phones -- like, yes, the iPhone -- be classified as one of those exceptions. As you might have guessed, Apple's response to the EFF isn't exactly supportive of the idea: it says the proposed rule will "destroy the technological protection of Apple's key copyrighted computer programs in the iPhone device itself and of copyrighted content owned by Apple that plays on the iPhone." Both sides have filed long briefs supporting their positions with extremely detailed legal arguments, but the main takeaways are that the EFF thinks that allowing jailbreaking will result in more apps and innovation, and Apple points out that the App Store is already hugely successful and that jailbroken phones are technically running unauthorized modifications of Apple's copyrighted iPhone code that allows them to run
pirated applications. Interestingly, Apple's
convoluted App Store approval process is the center of a lot of discussion, and Apple is totally disengeniuous about it, saying there's no "duplication of functionality" rule and as proof claims to have allowed "
multiple general web browsers... and multiple
mail programs." Note to the Copyright Office: if you believe this we have a very nice bridge to sell you.
Now, let's be clear: while we're definitely hoping the EFF pulls this one out, the worst thing that can result of all this is the status quo -- Apple isn't asking for jailbreaking to specifically be ruled illegal, it's just asking that it
not be specifically ruled
legal. If that sounds like a fuzzy distinction, well, it is, but that's the sort of gray area that keeps everyone else out of court for the time being. We'll find out more in the spring, when the Copyright Office holds hearings -- final rulings are due in October.
Read - EFF page on the jailbreaking debate
Read - EFF's brief (PDF)
Read - Apple's reply (PDF)
Read - EFF's second brief (PDF)
posted Feb 13th 2009 12:52PM
how about.. its my phone.. i paid for it... i'll do what i want with it.
Modding isn't illegal.. executing pirated software is. How you achieve that, either by modding or some other way, is irrelevant.
The whole copyright system is as full of loopholes and is it full of itself. Changes are futile... the current state is the status quo... there's no changing it. Ashton can jailbreak whatever he wants
um... modding your phone is NOT legal according to the Communications Act of 1996. Sorry to be the one to break it to you.
-Mc
Read it a bit closer... modding it to obtain unauthorized signals is illegal... and still only the actual "act of using it" is illegal on the communication level. Just like broadcasting your own TV signal.
But taking it apart, changing the insides in a way that only affects the way you use is has nothing to do with communications. It's no different than ben heck modifying his PS3 into a laptop... or converting your toaster into a waffle maker. its like Emulators are LEGAL. Roms are ILLEGAL. Jailbreaking the software on YOUR phone is LEGAL. Using the jailbroken phone to access unauthorized areas or software is ILLEGAL.
Like I said, the copyright system is a vague pile of loopholes.
What's with all the Jason stuff?....
friday the 13th maybe?
I took the time read part of the EFF briefs - they aren't lawyers (can't say that's a bad thing), but most of their position is simply based on BS and opinion with no precedent. I'm interested in how this thing plays out.
Snide crap aside, my opinion is if you're not happy with a device, build your own network and devices. It is ATT's network and they are allowed to set the terms of access to their network and how to pay for me. Yeah, it's a little more complicated than that, but I'm not going to pick nits...
This didn't come to a head until that cracker Crapulous broke the *.ipa scheme.
We all know that the jailbreaker community is part of Apple's App ecosystem; how else will young up and comers learn but from the toolchain?
This is one of the few times I'm with Apple on this one, it's their platform. Jailbreaking should stay where it's been, in the grey zone. Forcing the issue on this by either the EFF or Apple is a HUGE MISTAKE.
If jailbreaking does become 'legal' then expect developers to start dropping the iPhone for more 'secure' platforms.
Then all the little cracker kiddies can pirate stale apps to their blackened hearts' content.
This is the worst case scenario. If you don't believe me, jailbreaking folk, have those Cydia updates been coming fast and furious?? No? Now ask yourselves why.....