Apple Sez iPhone Jailbreaking is Illegal
It is a sad day for our Jailbreak Pirate, so sad that he is even sporting a frown today. Apple has finally, after a full year plus, publicly came out saying that Jailbreaking the iPhone that you paid for is illegal. Does this mean the FBI will be knocking on Rene's door to lock him up for Jailbreaking publicly over the internet??? ;)
[No, I'm Canadian, so all I have to fear is the red surge of the Mounties - Rene]
Read more after the break!
Apple states that Jailbreaking is a copyright infringement and is in clear violation of the Digital Millennium Copyright Act. The US Copyright Office has a rule-making session that occurs every three years for the Digital Millennium Copyright Act. This is also where exemption requests can be filed. Well it seems the Electronic Frontier Foundation filed an exemption request for Jailbreaking iPhones. Apple has now responded to this request. You can see the complete filing here in this PDF file. If you don't feel like reading all of that here is the important part:
Jailbreaking therefore involves infringing uses of the bootloader and OS, the copyrighted works that are protected by the TPMs being circumvented. Unauthorized derivative versions of the bootloader and OS have been created. Copies of those infringing works have been stored on web sites, and infringing reproductions of those works are created each time they are downloaded through Pwnage Tool and loaded onto the iPhone.33 In addition, as discussed in Section II.B.2 above, the jailbroken OS enables pirated copies of Apple copyrighted content and other third party content such as games and applications to play on the iPhone, resulting in further infringing uses of copyrighted works and diminished incentive to create those works in the first place. In sum, the jailbreaking of the iPhone that would be permitted by the proposed Class #1 exemption in 5A and 11A would result in infringing uses of copyrighted works. It would involve the creation, distribution, and copying of unauthorized modified versions of the bootloader and OS, and it would facilitate and encourage the making, distribution, and use of infringing copies of copyrighted material such as games and applications, owned by both Apple and third parties, that run only on jailbroken phones. The proposed exemption therefore does not satisfy the fundamental prerequisite of the statute that it aid “noninfringing uses” of copyrighted works and should be rejected.
It goes on and on but hopefully you get the idea. So what do you think? Will Apple now go after the Dev Team for their Jailbreaking software, QuickPWN and PWNage Tool? Lawyers will be the ones handling this one and it should be interesting to pay close attention to this.
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