The process of jailbreaking an iPhone or iPod touch will be made illegal, if the US Copyright Office sides with Apple.
Jailbreaking might be the best thing you could do to your newly-purchased iPhone, but there are people out there who don't want you running unauthorised code on your device – and Apple is one of them.
According to an article over on
ExtremeTech, Apple is making moves towards having the process of jailbreaking an iPhone – modification of its operating system so as to allow third-party unapproved applications to be installed and executed without prior approval from the company – declared illegal in the US and elsewhere.
Apple is attempting to use the hammer of the Digital Millennium Copyright Act – introduced to US law in 1998 and designed to help combat unauthorised circumvention of copy protection systems on software and hardware – to have jailbreaking classed as copyright infringement and made illegal, with serious consequences for those who would make information on performing the hack available.
The company is allegedly going so far as to claim that the DMCA gives it the right to restrict interoperability with third-party hardware and software – meaning that
anything the company hasn't pre-approved via its App Store or hardware licensing programmes would be made illegal within the US.
The reasons for the company to introduce such restrictions are manifold: obviously, Apple has a duty to ensure that sub-par – or, worse, actively malicious – software isn't distributed to users of its products; the flip side, of course, is that the company gets a 30 percent cut of all sales via the App Store – the only official way to get add-on software for the iPhone and iPod Touch devices. If users are finding applications from alternative sources, that's money that isn't in Apple's pocket – and it's clear that the company is keen to minimise such losses.
The Electronic Frontier Foundation is wading in to the mêlée on this one, with the
group asking the US Copyright Office for an “
exemption to the DMCA to permit jailbreaking in order to allow iPhone owners to use their phones with applications that are not available from Apple's store” citing such popular titles as turn-by-turn satellite navigation systems, webcam applications, and the facility to use the device as a USB GPRS modem – things which aren't available to users of a virgin, non-jailbroken device.
Whether the Copyright Office will side with Apple and make jailbreaking officially illegal – and whether the hackers and crackers who produce the software to do so would actually care – is something that iPhone owners would be well advised to keep an eye on.
Do you believe that you should have the right to install whatever you want on your own legally purchased property, or is this a case where Apple really does know best? Share your thoughts over in
the forums.
22 Comments
Discuss in the forums ReplyNext Apple will be saying you cant sell there products to someone else, because there not getting a cut of the money.
So applied to hardware apple want it be illegal to use non apple approved hardware with your iphone? Say like the wrong headphones?
Sorry you're ill mate, but maybe it's that special brand of Hickey Karma, 'Hi my name is Steve'.
#1 on apple's Karma list - Just let people use the stuff they bought the way they want to use it
Won't be keeping this 'phone' after my contract is up.
You don't see Nvidia making it illegal to run Linux on it's mobo or gru's, right?
Or Intel saying that you cant use windows on it's processors!
So why on god's green earth should another company be allowed to determine what software you can run on it?!
Screw you apple. We've always hated you.
You don't see Nvidia making it illegal to run Linux on it's mobo or gpu's, right?
Or Intel saying that you cant use windows on it's processors!
So why on god's green earth should another company be allowed to determine what software you can run on it?!
Screw you apple. We've always hated you.
I hate companies that do this.
Well done Apple PR! You certainly like providing me with many reasons not to buy your stuff! :)
I don't remember signing or agreeing to a "right to use" or EULA, surely the consumer should be protected from acts of pure greed such as this?
a cautionary tale
by J.R. Hartley
Home-Owner: Hi, I recently bought an iHome, and I wanted a couch for it.
Apple: Well, you'll have to order one from one of our approved suppliers
Home-Owner: But none of your approved suppliers sell a couch!
Apple: Well, I'm sorry sir, but you'll have to wait until one does.
Home-Owner: Nah, I'll probably just buy one from a third party
Apple: You can't do that, sir.
Home-Owner: Why the hell not?
Apple: Because we're currently in discussion with legislators to make it illegal to buy furniture for the iHome from anyone else but our approved suppliers
Home-Owner: What the hell?
Apple: Well, are you an expert on couches or something? Do you have a Degree in Couchology?
Home-Owner: Uhhh...no
Apple: Well, it's for your own safety. How do you know that you wont buy a couch and one of the springs will snap and become lodged in your anus? Do you really want haemorroids sir? Here at Apple we dont want you to have haemorroids because we care!
Home-Owner: Because I'm not stupid....
Apple: Yes you are sir...
Home-Owner: Excuse me???
Apple: Well you're certainly not as smart as us sir. Here at Apple we're the smartest people in the world. We are a company of innovators - When no one had thought that you could use inspirational historical figures to posthumously endorse your products, we did. We think differently.
Home-Owner: Well when you put it like that perhaps I could use the supplied toilet for all my sitting needs.
Apple: Just don't **** where you eat, sir!
Home-Owner: That's rich!
Apple: No sir, we are!
In the US it has been made specifically legal to unlock a phone to use on other networks. The companies don't make it easy but since the FCC made that ruling, I doubt apple will be able to say no one can unlock the phone to use with another company.
although i highly doubt it's going to be passed.
That specific law you are talking about got overturned. They still don't have to un-lock your phone anymore.
And the I-phone always got around it because it was a consumer electronic device, not a phone, it just happened to have phone capabilities.
I don't and never will own an I-phone or any apple soft/hard-ware. Not that they are bad products per se'; just more of I like to do whatever the hell I want with whatever I spend my hard earned money on.