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.

[ViaGizmodo]

Jeremy

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Apple Sez iPhone Jailbreaking is Illegal

80 Comments

One of the problems here is that who knows if the Dev Team is even US-based? Maybe they all live right next door to the Pirate's Bay? DMCA is a US law in an international world.
I'm a big believer in Copyright and protection thereof, but it has to be balanced by fair use.

What about the software, does it make a difference where it is coming from? If this actually goes through Apple should be able to shut them down for putting out jailbreak software no?

If Apple really does decide to crack down on the Jailbreak developers and process, I will not be buying the next-gen iPhone. I buy Apps from the App Store and use Cydia as well - the flexibility and features this combination provides has made the iPhone the best piece of hardware I have ever owned!
They would be stupid to crack down on Jailbreaking unless they planned to implement the MISSING FEATURES that Jailbreaking delivers (actually making the iPhone a fully functional device in most cases).
Ridiculous.

Is this just involving jailbreaking or unlocking as well. Can you unlock without Jailbreaking? Because I think they'd have a hard time telling anyone in the uk that the £401.97 pay as you go iPhone they'd just bought wasnt theirs to do EXACTLY what they wanted with it, including running it on another network. I can somewhat see where Apple are coming from, they've put hard work into the OS, and jailbreaking is using that OS for purposes they havent intended, and as its using their OS they're not okay with that...
But really, i doubt its in their best interests to start serious legal proceedings against any jailbreakers. Killing the homebrew market didnt do the PSP any favours.
And @Rene, Don't they always get their man? :-/

My original (jailbroken) iPhone died on me, after I placed it in a speaker dock at Circuit City (hmm, maybe I'm bad luck?) and it started to get really hot and wouldn't turn off. Removing the SIM card was the only way to shut it off.
I took it to the Apple store, which AT&T told me to do, even though I bought it at that AT&T store. Apple could not get it to boot up, so they gave me a new one. But if they HAD been able to boot it up and saw that it was jailbroken, I doubt I'd have gotten a new one, etc.
Now that the app store is here, the main reason I jailbroke it in the first place is gone. It would be nice if Apple kept up with the feature enhancements, but for now, staying legal is fine by me.

ok then give me copy and past and recording so i don't have to use clippy and cycorder I just got a nokia e71 and it can do all that and more and damnit why can't my iphone stream music to my car's audio system!!!!!

This is stupid, I didn't jailbreak my phone to steal anything, I did it because the iPhone is severely lacking in some areas:

  • Recording video (the hardware is obviously capable)
  • SIM unlock (all of my previous phones have been unlocked)
  • MMS (doesn't every other phone on the planet have this?)
  • Running background applications
  • Copy and paste
  • Qik video streaming
  • xGPS

I understand that some things being left out were for security reasons or other purposes, but Apple has really been dragging its heels with some of this very basic functionality. The App store is fine, but there are some pretty amazing apps on Cydia also. I use both to make my device as functional as I want it.

I don't mind doing time in the penn as long as I get to keep my jailbroken iphone i'm OK ;)

@Todd Bernhard:
Careful... you shouldn't suggest anything about jailbreaking causing ANY problems, or you risk being called a "tool," "a moron," "an a-hole," and accused of "not having a clue" by several of the brilliant know-it-alls here. :)
Now if you'll all excuse me... I'm going to go lay back and have a margarita now... :lol:

Guy is absolutly right. They just want us to pay for all the things a jailbroken phone does it's their own fault they left the simpilist things out and are they still not fixed after years that exactly what make me and others jailbreak. Where not doing anything illegal. It's not like I can't get media(movies,music,games)for free with a regular iPhone it's that I can jailbreaking simple takes all the governors off allowing it's user to use it's full potential!!!! Seriously apple should be worried about implementing these things before another mock iPhone comes along and does have flash tv and much more. Best yet you won't have to money for the stupid pointless apps in the iTunes store. They want to capitalize, monopolize and make you pay for all the dumb shit for cellphones like wallpaper backrounds. We did all that once with older phones now were finally gettin away from it and apple want to tie it all in a knot for finacial upbringing. I say duck em jailbreak away maybe it'll be a slap in the face to apple to wake up and give consumers wat they so deperstly want like flashplayer or live tv I can do all that with a jailbroken phone for free. Apple wake up!!!!!!!!!!!!!

@jeffdc5 why can't you stream? You can it you have an FM transmitter, cassette to 3.5mm plug or a direct input cable. You could use a number of apps to do it as well, like Pandora.

Apple may have a legal argument here, but it flies in the face of customer needs and wants. Apple fails to deliver what many regard as pretty important functionality. Although Apple may technically be correct in saying that jailbreaking -- and it's associated infringements on re bootloader, etc -- may enable us to do bad things with our devices, like pirate content, etc I think this ignores the more usual case: People who jack their phones to enable them to do reasonable things the device would otherwise be unable to perform.
I have not persoanlly desired or attempted to unlock my iPhone 3G. But I damn well jailbroke it. Without jailbreak, the devices usefulness to me would be severely hampered to the point where I'd break my contract with AT&T and seek a better alternative. And oh look! There are alternatives coming onto the market now.
Personally, I think this is a situation where Apple should take a step back and a deep breath. Consider... Do you really want to alienate your most adoring customers by bashing them legally (ala RIAA) and letting that distract you from re real issues? If you do, you've given your competitors a major advantage and they will exploit it.
This crap reminds me so much of the mis-management of the Sculley years. sigh

Wait, this is different though then the current copyright stuff. This would be like buying a mac to install windows on? I don't see the problem.

Does this mean I should delete. My blog post talking about jailbraking? No links or specific instructions but did mention quickpwn.

If they listened to their customers and gave them the basic things that they ask for many people wouldn't jailbreak, them going after the dev team will only hurt their sales, I won't buy another phone without mms, video recording, copy and paste, the basics, when the other companies catch up, it might be over for the iPhone, who did they replace Steve with

Remember: this isn't Apple saying Jailbreaking is illegal. The EFF asked for a DMCA exemption for jailbreaking the iPhone, and Apple, not surprisingly, doesn't what that made official.
Apple likely doesn't care about jailbreaking any more than their carrier contracts force them to try to stop unlocking. If the EFF didn't bring it up, Apple probably wouldn't either...

This shouldn't surprise anyone. It's just Apple being Apple. Ever since Gates stole the mouse from Jobs, he's been a little over protective.
That said, part of their argument is legit. If you downloaded an ispw from some random website, yes you got it illegally. Of course you can download it freely from Apple.
My understanding of the DMC Act is that you can change things as long as it is for your own use. And that's all pwnage, etc does.
Now - if you are cracking and stealing apps. Stop. You are being a dick. Pay the $.99.

They can try my jailbroken iPhone from my dead cold fingers! I don't agree with the person defending developers of the OS.
1. Apple is not hurting
2. I've paid hard earned money on the device and over $200 in apps.
3. I need hClipboard(far better than Clippy) Apple has not provided this simple but necessary feature.
4. I bought hardware and software that is MINE!
5. I would not have even JB'd the phone if there were video options, cut n paste, GPS turn by turn, etc.
Love the phone, despise the fascism.

How disappointing. And to think, I just Jailbroke this morning! Like Mike said, copy/paste, MMS, and video recording are all possible on the device. Jailbreaking brings those and more to us. If Apple is able to release updates that have those features, I can say that I'll be one of the first people to go back to official firmwares. Until then...

Apple has a point. I think jailbreaking destroys the integrity of the device and encourages piracy.
If you dont like the iPhone as-is, DONT BUY IT. All these illegal work arounds cause nothing but issues.

I paid £401 two weeks ago in the UK so I can use my iPhone with my existing network. In order to do that jailbreaking was essential. Since then I have spent over £100 in the app store and iTunes downloading legitimate software and music. hardly a pirate?

It would be truly foolish for Apple to attempt legal action against the "iPhone Team", because the success of iPhone 2.0 is largely related to the underground jailbroken iPhone 1.0 which led the way in third-party development and wireless distribution and installation.
Apple's App Store was developed following the wide-spread use of "Installer" and also "Cydia" I believe. Should Apple not be paying to use these ideas that it has so handsomely profitted from?
Furthermore, allowing Jailbroken OS's to run, without technical support, would be an excellent model for further iPhone technology breakthroughs. This is because these underground technologies reveal the benefits and problems of new software prototypes on iPhone before Apple invests any of its own capital.
Should Apple seek to attack the "iPhone Dev Team" legally, then I would recommend the "iPhone Dev Team" show the parallels between "Installer" and Apple's App Store, clearly a stolen idea brought into the mainstream...
The only action Apple should be taking against the iPhone Dev Team should be to write up letters of offer for jobs at Apple with high salaries.

Meh. I've never been ballsy enough to jailbreak/unlock my iPhone so I'm good either way.
I still have faith that Apple will eventually release the basic features so we can have them "legally.". So I can wait.
YMMV. q

Apple isnt (and shouldnt be) under any obligation to support an unlocked/ jailbroken device. Also it should not be expected to let jailbroken devices be so after updates as it cant be expected to work in the JB process into its updates! Dont update if you dont like it or accept to redp the JB. Remember if you are not in France then you are buying a subsidized device and Apple and the Carrier can hardly be expected to support unlocking and JB (which lets tethering among other things they dont allow for free).
That said, let Apple sell unlocked devices so that anyone willing to pay the full unsubsidized price buy it and use it for what it is and JB it if required.
Fair play required from Apple and usets too, no side should assume they are free to do their own thing, legal or illegal, and expect the other side to play ball;)

everyone worries to much. It's like click it or ticket. The state tells you if they see you, you will get a ticket but when's the last time you were ticketed for it? Apple is just going through the motions in case some terrible happens.

I think that what you are seeing is a objection by Apple to request that the Electronic Frontier Foundation filed to have iPhone jailbreaking declared an exception to the Digital Millennium Copyright Act. If the EFF didn't agree that jailbreaking was a violation of the DMCA as it currently exists, then they wouldn't likely be looking to become a permitted exception. It seems like Apple was fine with the status quo for the last year but it was the EFF that drew the response. Because Apple seems content with the current state of affairs I doubt that their copyright enforcement will go beyond opposing the exception.

@Matt sawyers I know I can plug my phone into my car I have my 80gb iPod connected to the car. My e71 can play music through my cars stereo using bluetooth my iPhone should be able to do that for the price they charge. If I'm picking up a date and she doesn't share my same music taste she can listen to what's on her phone. This is becoming very basic now and I'm sure the a jb solution will be released before apple does.

@ jailbroken Steve Jobs... I own the iPhone like my cars and I am free to make any custom modifications. Apple version of iphone lacks several cool features... Why don't they make these available to the customers before going after anyones ass?

@Rene
Just wait, C-61 was tabled for the moment, but it marks the second attempt by Canadian government to introduce legislation even more flawed than the DMCA. One party has already promised to introduce a successor bill.

Apple knows they can do nothing about our jailbroken iPhones do they can take there crying asses and go home.
This is why they don't allow unlocking, there whiny bitches. Other, more open phone companies like Nokia don't mind unlocking. As well they shouldn't because it raises revenue.
Apple sadly will NEVER realize this.

I feel that if you buy something, then it yours to do whatever you please. If you buy a Sony TV and make it into a dirtbike, then that's your choice, and shouldn't be illegal.
Secondly, when has making something illegal stopped anyone from doing it. Music, movies, etc are pirated every single day, and almost everyone still does it knowing it's illegal.
My iPhone isn't jailbroke or unlocked because I'm not concerned about copy paste, video, gps, etc but if there was something useful through cydia my phone would be jailbroken in a heartbeat.
*p.s. This is my first post at tipb.com. I start every morning and end every evening checking all the updates at this site.

I wonder if this has to do with the recent app that makes it possible to copy and pirate app store apps? I see this new capability being a real problem for Apple and for most of us who like the ability to jailbreak so we can have the features Apple can't provide but have no intention to steal apps from the developers, both Apple approved or jailbroken.
I understand Apples reluctance to add features available to jailbreakers because they can slow down the system and cause crashing or some instability, but give us the option. If you want to have the added features and the possible problems that come with it, let us choose to deal with it. Make these features items we can enable with a disclosure pop-up that we acknowledge the possible problems. Of course Apple is dealing with over 10 million users, some of whom don’t know that their phone doesn’t ring because they have it in vibrate.
We are now unfortunately grouped with "the masses" who have recently bought their iPhone because it is cool and not because of its full capabilities along with its potentials. They are satisfied with the current features of the iPhone and less likely to push Apple to add the missing features, making our “smartphones” less smart.
Now a “Business” or “Professional” version of the iPhone is starting to make a lot more sense.

This is the most dumbest thing I've ever heard. APPLE.......stop wasting time trying to band jailbreaking and other software and spend that energy giving the people who buy your products what they want. Yeah we knew the iphone didnt have video recording, copy & paste when we bought it but we just assumed that we would have had it by now. Apple claims to be so innovative, how the HELL can you put video on your computers but you cant but it on the iphone? The sad part about it is Apple knows we are going to keep buying the iphone so they could care less about giving us what we want.

Look, Apple is simply responding to the EFF petition in front of the US Copyright office with their own opinion.
This is not a legal pronouncement, merely filing their opinion. It has no weight, and does not put
Apple in a position to start going after anyone.
In fact they may well get their legs cut off at the knees with this gambit.
The Register has a fairly balanced assessment: http://www.theregister.co.uk/2009/02/13/appledcmaresponse/
The big risk I see here, the current administration are already OWNED by Apples friends in Big Media.

@E POW:
A good assessment of the situation. There are so many Fanboys in the Apple cart that just completely miss how restricting and controlling Apple is. They nail Gates and Balmer to the wall, but give the Little Tyrant of Cupertino a free pass on some of the most egregious anti-customer moves of any industry.

Look it's very simple. Apple has lots of followers. Here is an example.
Iphone's = a lot
Jailbroken = a little
Apple does not care about a little costumers. Apple cares about a lot.
If you have a jailbroken iPhone/iPod and then find out that you can no longer do so and dicier not to purchase apple products anymore. Simply put Apple does not care about you.

just keep making everything against the law so everyone is a lawbreaker... figures! I couldnt be more disgusted with apple and its arrogance right now. To even make a statement about jailbreaking to the media gets me angry, this is ridiculous. Its my phone I bought it, subsidized or not. I can install 3rd party apps on my computer and thats what that phone is... so I can and will install 3rd party apps on my phone from wherever I see fit!

I love it!!! Glad to fir ally hear that it is officially announced that jailbreaking is illegal!!!! Most of you are right though, you should be able to do what you want with your phone. But most of us can't hack the OS! Enter pwnage. They hack the OS for you. And that is when it becomes illegal. If you can do it yourself for your own usage...no problem. But the minute it is done for someone else then it is no longer for personal use.
GO GET EM APPLE!!!

First of all, jailbreaking is not illegal -- as icebike and others have posted, Apple merely filed an opinion publically. I understand their reasons for filing it, but disagree with their reasoning and conclusions.
More importantly to Chobbs argument, pwnage does not hack the OS for you. By itself, it does nothing. You hack the OS for yourself, with pwnage as your tool. You might think this a subtle distinction, but it is crucial. If/when I, as the iphone owner, choose to jailbreak my property, I execute the program, not the dev-team. The responsibility is mine.
Could I hack the OS without pwnage? Actually, I possibly could, but that does not matter. Even with my software knowledge, I could not hack it without a dock connector -- is Belkin responsible for my criminal activity, so that jailbreaking is only legal if I create my own connector? Then again, I probably also need my own metal foundry to smelt the components, and then my own mines, too. Yes, it is an absurd argument, which why the laws rarely, if ever, draw lines at specific tools. If I choose to modify my legally purchased property for my sole use, using tools that are legally available, no government or company should have any say in the matter whatsoever.

Do ya gotta PAY for the hack?? The dock connector argument is irrelevent. The connector is doing what it is has been approved to do.
I find it interesting that jbkers think they are in the right but when a new update comes out they all run for cover till they know it's safe and their phone won't be bricked. If it were legal then wouldn't it be illegal foe apple to brick your phone???
There is no grey area here. No subtle distinctions. I agreed to the SLA and I have actually read it. It is clear to me that I am not to modify someone else program. And if I do I am certainly not going to sell it!
I agree with apple and do not mind that these so called "basic" features are not available. I did my homework before buying and knew what I was getting into. And I do not want something rolled out that is not ready for primetime. This is why I love apple. They're attention to detail and they're willingness to wait to get it right has created a fantastic line of electronics and I for one will be patient.

1) You do not have to pay for the hack. If you did, there might be a case against a company providing the service, but not against the existence of the tool itself. Regarding the connector "doing what it has been approved to do" -- corporations do not decide law, the legislature and courts do. If I purchase a connector, I can use it to sync my iphone, hack my iphone, or make funny party hats, as long as it is for my own personal use. If I purchase an iphone, I can use it precisely as Apple asks, or I can modify it for my own use. Apple is under no obligation to support me if I do jailbreak, but otherwise they have no standing to tell me what I can and cannot do with my property.
2) SLA's and EULA's have never been tested in court, and most legal pundits doubt the enforceability of any contract which you cannot view or agree to prior to purchase, as is the case with the iphone and most commercial software.
But you are right, there is no grey area here. There is nothing illegal about it. At all.

you own the phone. Not the program. You have bought the right to use it not alter it and distribute it. And apple can tell you how to use their program. As evidence, they can legally brick your phone.
I have rather enjoyed this debate and have learned alot. I really don't care if you decide to hack your phone. Just be willing to accept the consequences if and/or when they come.
If did not believe that my word was my bond I would agree with you that jailbreaking is legal and even my right. But I am bound by my word. So again. No grey area. It is NOT ok (for me) to jail break my phone. And funny thing...apple agrees.

1) Much as some would wish otherwise, Apple does not make the law. They cannot "legally brick your phone." Read the discussions around that time -- it boils down to this: if one of Apple's updates bricks your phone, and you have modified your phone or firmware, they are under no obligation to honor any warranty or service claims. That's it. Apple has no super-legal powers to come in and tamper with your phone under any other circumstances. (Of course, case law can change, and the first "remote kill" of an application will be good legal theatre.)
"You own the phone. Not the program" -- you might wish to take a look at Krause v Titleserv, the only U.S. case on SLAs and EULAs which has bubbled up this high to date, in which the 2nd Appellate Court rather decisively ruled against such provisions in SLA or EULAs. Krause is one reason many observers think software makers have not purused EULAs, because they do not want to establish further precedents against them.
If Apple wants a consumers "word" that they have only leased the rights to use the software "as-is" under their conditions, they have to enumerate those terms prominently in a contract that can be viewed and agreed to by both parties before the purchase is made. If Apple wants to abrogate consumer rights established in Section 117 of the Copyright act and upheld in Krause, they had better explain why that established precedent does not apply; otherwise, those rights are assumed. To date, they have made no such attempt, other than to re-assert the claim.
2) Still, I can agree with the gist of your moral point, because I agree with you 100% that if you jailbreak, you should accept the consequences. (For the record, my phone is not jailbroken.) Just because you have the legal right to jailbreak does not mean Apple has any obligation to help you or support you. On the contrary, the contract is quite clear on that point -- Apple provides software and support under certain conditions and for a certain period of time, and, if I venture outside of those conditions, I am on my own. Once I buy my car, I can replace my gas engine in my Taurus with an electric engine. However, if I did -- or, heck, even if I simply modified the dashboard software -- Ford would rightfully laugh in my face if I tried to claim warranty repairs. If I jailbreak my phone, and an Apple update subsequently bricks it -- that's not their problem. Caveat emptor applies to hackers, as well.
However, and this is the crucial point, even if Apple were to produce a legally binding, airtight "no hacking" contract that each iphone owner were to sign in front of witnesses before each purchase, and I were to hack my phone anyways, I would be guilty, at most, of BREACH OF CONTRACT. This would be a civil dispute between two parties. If I do decide to hack my iphone, Apple is fully within their rights to tell me to kiss off and refuse to honor their end of the contract. They cannot and should not be allowed to do anything other than that, unless they can show my individual act of hacking caused them material damages. Simply put, it would not be a "illegal," as there has been no crime committed.
Apple understandably may not like it, and you may not like it, but that does not mean the law has changed. Software modification for personal use IS a right EULAs cannot take away (at least in the US and Finland), and Jailbreaking is NOT illegal.

Apple has wonderful profit margins (check their latest annual report). The iphones are subsidized phones - apple recovers their R&D and HW investments thru mobile revenue sharing (China Mobile reportedly declined the partnership as they already had over 400k iphones on net when approached by Apple). This is a form of lease/finance to the subscribers.
Jail-breaking/unlocking Apple's subsidized products delays their Return-On-Investment (ROI) and associated profit margins - which is understandably annoying. In the spirit of fairplay, one may now purchase unlocked/unblocked iphones for full price in various countries where blocking and locking are illegal - for full MSRP (example: Hong Kong - land of everything unlocked, viva la France, etc).
While the Apple's USA legal hammer may not carry much weight beyond its borders - they can certainly make life extremely uncomfortable (aka harassment) should they feel sufficiently motivated. I just hope the devteam makes one more unlock on the 2.30 baseband (yes, sigh - i'm an idiot - flame away).
Finally - (go ask microsoft) - there is negligible market for hackers, pirates, and other naught people if "necessities" can be purchased at edible prices - ask yourself "how can mobile operators give away free phones"...

Again I have learned quite a bit. You are one smart lady. I simply don't have the capacity nor the wherewithall to try and dispute you fancy words.
I do know that, unlike the law, my morals cannot change. I try not to base my decisions on something that can and often does change day by day.
Thank you for clarifying a few things and I appreciate you expertise on the law. I still feel that it is NOT my right to Jailbreak.

@Chobbs
Believe it or not, I very much respect your moral stance. I am not saying you are doing this, but I simply find dangerous the growing trend of people allowing another entity -- typically a corporation, but not always -- to define a their code and their rights, rather than research and define them for one's self. No matter how kick-butt a product they make, corporations are, should be, and need to be self-interested. They will try to limit or even criminalize (DMCA) your consumer rights where it impacts their bottom line. I do not begrudge them that effort -- I would likely do the same thing if I owned the business. The fact that companies need to do this just reinforces the fact that consumers need to study their own rights, and be accordingly thoughtful with their money, their time, and their votes. Laws like the DMCA, taken to their end game, attempt to criminalize any consumer decision that does not coincide with a given company policy. When every choice but one is illegal, you no longer have a choice, and that is where I have a problem.
After personal consideration, you made a decision that coincides with Apple's. I respect and even applaud your stance. In this specific instance, I may not agree with the decision you made, but I strongly want to protect your right to make it.

I think Apple would be stupid to make jailbreaking illegal. A crapload of people buy their iPhone just because its able to be jailbroken. I hate the way iPhones look and with Winterboard, it makes it look cool. Cycorder is the best app ever. dTunes is not infringing on any copyrights. And what about MMS? Every phone made now is capable, except the most technologicaly advanced phone out there, the iPhone. It makes no sense. If it wasn't for jailbreaking I wouldn't have an iPhone. I have a 16GB iPhone 3G jailbroken and yellowsn0wed. Im using it on tmobile, I would not use Att because there so expensiveeee. The only cool apps in the App Store are iDownload and NetShare. And NetShare was only in the App Store for like 20 minutes.

above all its a phone, and it lacks basic "phone" functionality.. werent you the least bit supprised you couldnt get simple stuff like MMS? you got people using cricket carrier and free phones and pay 20 bux a month and they have mms and internet.. why should i have to go to veiwmymessage.com to see a picture someone sent to me?
that pissed me off like you wouldnt believe..

Apple is a bunch of greedy mother fuckers i swear to god. It pissed me off how bogus they are over this shit. I can understand it voiding the warranty, but declaring it illegal? Grow up apple, stop being such babies over small shit that will make you lose barely any money.

If you agree with apple that jailbreaking is illegal your just a fanboy. The only way that modifying the bootloaders and os could be legally classified as piracy would be if they cost to acquire these files. But, the firmware updates are free tom apple via iTunes. Therefore modifying and redistributing these files which are free from the developer (apple) is not piracy. This is the same argument as the "is limewire legal" argument. Using limewire and jailbreaking are not illegal. Some of the things you can afterwards might be but the actual process of jailbreaking your iPhone is not illegal. Oh and for the genius fan boy who said something about ppl modifying and then "selling" the jailbroken firmware. You need to get your facts straight before you say something that is COMPLETELY wrong. All pwnage software from the dev team is FREE of charge. Do you think these ppl are that retarded?

They are soo stupid if they will give us "Basic " things a phone can do then we wouldnt jailbreak..Every phone on the planet can receive MMS or do Forwards with texts...if they were smart they would learn why their customers where jailbreaking the phone and try to make the phone better by using that...what ever happened to "The customer is always right"..Jobbs is a money power idiot the iphone will lose credit when someone bigger and better does everything the iphone can do and more

Hello! People if you hate this phone so much why do you have one? Damn! your all lame..Why because you want to be cool.
Well get over it there are laws in this World to keep order to a civil society..
But, I am sorry all you folks are from that "It's all about me generation"..Give me a break! I hope all your phones crash and burn because a law is a law..If you don't like it then get it changed...My word If I buy a chevy and stick in a Ford motor you can't take buy and try and get it fixed at the dealer under warranty...
So the bottom line is Cavaet emptor! ( for you less inteligent) Buyer beware..If you don't like the damn thing why buy because it's cool or everyone hip has one.
My God what has this World Come to. Hey, Here's an idea why don't you save some money and just wait till the $G comes out and then you can spend beaucoup bucks on this one so you can break it!
Get a Life !

I think I speak for many here in saying that, if the EFF, or APPLE decide to punish people for buying things and thus doing what they want with it BECAUSE THEY OWN IT (since they BOUGHT it fair and square) there will be an uprising!
Just like Obama used grassroots initiatives to win the election and change the country for the better, iPhoners everywhere just might do the same. You'd be surprised what the "little man" can do in these situations (when companies and controlling organizations get a lil too big for their britches)
I think most ppl are respectful folk, who just want to use something they purchased without dumb stipulations. Like many others have said, there's no Copy and Paste, and buying an iphone w/o the ability to jailbreak it would be like buying a car without being able to go under the hood and fix it yourself. Or buying a computer and not being able to change your wallpaper or screensaver or not being able to date outside your race! It's just absurd!!!
Don't turn your fans away, Jobs (and EFF). The people will always win.
Go Mozilla and Skype for challenging the powers that BE!

especially in the these times.. give us a break please.. there are bigger things in the world to worry about.. like THE PURCHASE of apple phones because they are so pricey perhaps?

I will jailbreak my property if I wish to. I'm not hurting anyone and I just want to get the best out of my product. I don't question my morality for "breaking the law" in this way simply because the Apple founders, Steve Jobs and Steve Wozniak were members of the "Phone Phreaking" group that was popular in the 70s, basically they were manipulating the phone networks to get free phone calls.
Now, why should I respect them by not hacking my own phone when they hacked public telephone networks and were never prosecuted?

Hey Apple, come and get me. I mean, are they seriously going to shut down Jailbreaking, ever. I mean, seriously, if you want to get pirated stuff you don't need an iPhone to do it. All you need is a laptop, and you don't see those blocking downloads and allowing only approved apps. Come on Apple, just stfu and deal with it. If you want to stop us from jailbreaking, go ahead try, shut down the Dev Team and another will pop up.

I didn't jailbreak to pirate things or do anything illegal. I jailbreaked because i'm not a clueless user like apple assumes everyone is. It's my iPod Touch, I'll connect it to my computer and run redsn0w if I want to. I'm still waiting for Steve Jobs to come knocking on my door. I'm not buying another iPod touch or iPhone if jailbreaking will be impossible. What they're doing is ruining it for eveyone that actually knows what they're doing... The iPhone can do so much more then apple limits it to. If apples doesn't want people to jailbreak, they shouldn't waste time trying to make it illegal, they should relax their grip and atleast provide the harmless things like themes. Just because I can get cracked games doesn't mean I will and doesn't mean jailbreaing is illegal. Pirating is already illegal so stop wasting time Apple. And anyway I'm Canadian not american and this is apple USA, as others have pointed out. Does apple really think they can track down every jailbroken iPhone, or scare anyone away from jailbreaking with there empty declaration of it being illegal?

wouldn't it just make things easer if apple let you install what ever you wanted(without JB), from what ever site you wanted onto your iphone like you can with nokias, then that way everyone would be happy and there would be no warranty problems

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What is next ?! Toyota and GM saying that we cannot change anything on the cars we buy ?! If I buy something it's mine. End of story. It's a product that I am buying not a service. I think apple should just follow cydia and add all those apps in the app store. That would be innovation, not ripping us off.

Lets see, I bought and iPhone. As I bought it, it makes it my property. As long as I do not use my property to harm other people or its property, I can do whatever I want with it without making it "immoral".
As for legal, Apple is a company, not a legislature. Thus apple cannot make laws. Apple is not a court, thus apple cannot decide laws. Since they do not make laws, do not decide laws, The only thing Apple can do if you jailbreak your iPhone is to cancel your warranty. That's it. All that AT&T can do is to cancel your subscription. That's it.
As of jail-breaking your iPhone:
- A. It adds value to the phone, as you can do many legal and moral things that Apple didn't want you do to WITH YOUR PROPERTY.

  • B. It adds competition. As now you can buy apps not only from apple but from Cydia. Capitalism only works if there is competition. Eliminate the competition and all you get is an abusive company full of hubris.
  • C. Since you are doing it IN YOUR PROPERTY and you are not harming anyone else, is moral. Irrelevant of the opinion of Apple, AT&T or anyone else for the mater.

Your weblink you sent me came thru, thanks, but it seems to not be working, does any person have a backup, or mirror source? Just something that works.

Hi,
I believe that you have made a clumsiness of writing at the 3rd line. This article is, nevertheless, interesting.
Best Regards

I have 2 jobs. My day job will be permanent when temporary contract runs out Dec. 28th. I make 1,700 a month and been there for 13 months. I can pay up to 250.00 a month back on the loan. I get paid weekly on my full time job, is there anyway I can get $10,000 loan?