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Iphone jailbreaking to become illegal
APPLE IS TRYING TO MAKE the act of modifying the Iphone operating system to allow the installation of third party software illegal.
There are two major reasons why 'jailbreaking' as the process has become popularly known, makes the Cupertino Cabal unhappy. The first, and the most likely to be quoted by Apple, is that allowing any old coder to fiddle about with the innards of the OS is a great way to encourage the kind of low-quality (and in some cases malicious) applications which have plagued other mobile platforms.
As with everything it does, Apple likes to keep a tight reign on every element of its hardware and software. And making sure that every piece of code installed on the Iphone has been vetted and approved buy the App Store and its army of little testers is the only way the company can see of closing the doors to huxters and hackers.
The second reason, and one you won't see Jobs' Mob crowing too loudly about, is that Apple skims 30 per cent off of every single transaction made on the App Store. And with popular apps selling in their tens of thousands, you can see why the company doesn't want to let that one get away.
Using the Digital Millenium Copyright Act, the company is trying to have jailbreaking classified as a copyright infringement, which would also have serious consequences for anyone supplying software which allowed the modification or inviduals offering advice on how to carry the hack out.
No... i said can you JAIL break my Iphone
The Electronic Frontier Foundation, an organisation which champions consumer rights in such matters, is also weighing into the argument, saying, "Apple's copyright infringement claim starts with the observation that jailbroken iPhones depend on modified versions of Apple's bootloader and operating system software. True enough. But the courts have long recognised 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."
But Apple is claiming that opening the Iphone is also opening the doors to those who will seek to compromise the safety, security and reliability of the device as well as those who want to keep cash out of Cupertino's coffers by using pirated software.
The EFF offers interesting analogy: "Ford might tell us that, for our own safety, all servicing should be done by an authorized Ford dealer using only genuine Ford parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their MX5s frequently exceed the legal speed limit.
"But we'd never accept this corporate paternalism as a justification for welding every car bonnet shut and imposing legal liability on car buffs tinkering in their garages. µ
Tags: Apple
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The company is just too greedy to let it go. I guess it is same as selling printers. If it is only printer, there is not much profit, but with ink/catridge supplyment, they can make great profit out of it continuaaaaaaaally. Greedy, en?
Did anybody really not see this coming? Apple has been fighting the hacks long befor the first iPhone hit the market. Personally I think that Apple has the right to detect that a jailbreak has occured on a device and void your warrenty. That would be in its legal right. I personally think that Apple needs to get spanked by every country out there over other matters. I think that all cell phones should use a standard universal plug for charging and data transfer, a standard headphone jack, and a set of standard battery sizes and shapes and they must be user replaceable. I am sick of propriatory devices.
The thing is already a rip-off, we should be able to do whatever the hell we want to with it !!
I could understand Apple if the iphone was an $100 item, but since itsa a $750 item, I say its like a computer.
Imagine if you had a pc with microsoft windows, and you were only allowed to run microsoft applications or applications that microsoft has control of and made money from? That in a way is in violation of peoples freedome. ex: freedome of speech & choice. And also it would be a Monopoly.
And Microsoft does get in trouble for such things when they have tight control.
Anyone can make software for microsoft windows, and the tools they use don't have to be ones microsoft makes. Even programs may be in another language such as Java. Wow even some programs are Free. THis makes people happy they can choose what they want, and one reason why Microsoft windows is top.
I just can't wait for someone to Take apply to court for controlling everything.
Basically I have a PC (Iphone) that I can't make it do what I want, as I can only program for it using Apples tools using Apples rules.(effecting my freedome of speech and expression) Java doesn't work, adobe flash doesn't work (ovious reasons), I can't download files bigger then 10MB on 3G, I cant save files off the internet, I can't use my phone as a modem (all other phones do this evewn though I have a 6GB limit). Did I foret to mention there is no copy and paste feature, that will probably cost extra $$$. Apple is greedy and they will do it if they can.
What is the point of this crap. A $750 PC that doesn't work as it should. And whats woarse of all things is that im stuck in a 3 year contract with 6GB per month when I only use 220MB at most. And if I want to use that 6GB I got to either jailbreak my phone or buy a 3G usb modem, but then no one can call me.
I am sure if Apple addressed these problems better, people would jailbreak there phones less.
I understand the quality of software agument, but at the same time they shouldn't try to use this as an excuse to limit functionality. WHat can I say, the Iphone is a boken phone. And for god sakes don't buy one.
Sure the iphone is innovative, and it has some cool features and some cool apps, but that is not enough, I want to be able to use the $750 iphone the way I want, not the way some rich greey SOB wants.
I wish things were different and Palm was still stong. Palm had things right, as anyone could make software for palm os.
The DMCA does prohibit some things but its purpose was not to prohibit all things just because a company chose to try to lock everyone out.
The Library of Congress is permitted to issue exemptions to the limitations placed on certain products. The Library of Congress has "issued an exemption" to allow consumers to unlock their cellular phones. So, even if Apple did try to use all sorts of tactics via the DMCA the Library of Congress has already over-ruled them.
Apple doesn't get to use hashing or other mechanisms to remove the rights that the Library of Congress has granted. Apple just doesn't have the power nor the backing to over-rule the Library Of Congress.
The DMCA provides these exemptions specifically for this precise reason: to keep a company from forcing consumers into a specific product or service once they own a product.
is it just me or did this article get published a week a ago some where else?
yes thats right, pointless. say they are sucsessful how many iphones have been jailbroken? they gnna sue every group who sells the service of uses it? i dont think so
Check the research: what Apple is objecting to is that the EFF is proposing an *exception* to the DMCA that would make jailbreaking okay. The law says that breaking the encryption on the iPhone firmware is *already* illegal. It's not a matter of them campaigning to make things illegal.
So because Apple has to have complete control, they want "jailbreaking iPhones to become illegal"? Here is a thought not yet mentioned- alot of the jailbroken iPhones are outside of the USA. Territories where it isn't sold. People want it. The idiots can't see that allowing the "jail breaking" will just hype demand worldwide? As soon as they make one that accepts and uses micro-sd cards and has a replaceable battery, I'm in.
The point of the article was that jailbreaking could be illegal under the DMCA, which is a US law. As a UK resident it wouldn't affect me, there are many things illegal in the US that aren't in the UK (and vice versa). The title says 'iPhone jailbreaking to become illegal', whereas it means '...in the US'. I accept that if companies are trading internationally they may have to consider various legal jurisdictions, but the implication of the article (to me, given it's a UK site) was that it would become illegal for me to Jailbreak one in the UK.
I'm also aware that there may be similar laws in the UK, my point was more about the gradual Americanisation of the site really. :)
The EFF's analogy is right on the money. Apple just wants everyone to go through their store so they can monopolise the market. I hope Apple doesn't win this one.
The comment that it would just mean illegal in the USA misses a point. Distributors and agents may sign contracts which are in the jurisdiction of the USA even if one party is in the UK. US companies almost always draft contracts to be ruled on in the jurisdiction that most suites them. For example one US company I have dealt with has a US jurisdiction contract for some things, an Irish jurisdiction contract for another and a UK (in fact England) for a third thing. One of the reasons for locating, say, European HQ's is not just tax and economics but legal jurisdiction advantages.
I assume you mean 'illegal in the US'? Small point I know but this is ostensibly a British rag, and it's getting hard and harder to tell these days.
Why do people waste their money on a company like Apple? Plain stupidity?
I don't have an Iphone nor would I ever buy one but these control freaks just don't get it.
Note to control freaks:
I bought it (along with the frimware/software) it's mine and how I use it for legitimate business is my concern! EULA's, give me a break it could be a Jimp that clicks the mouse button.