Source: EFF
“Jailbreaking an iPhone constitutes copyright infringement and a DMCA violation, says Apple in comments filed with the Copyright Office as part of the 2009 DMCA triennial rulemaking. This marks the first formal public statement by Apple about its legal stance on iPhone jailbreaking.
Apple’s iPhone, now the best-selling cellular phone in the U.S., has been designed with restrictions that prevent owners from running applications obtained from sources other than Apple’s own iTunes App Store. “Jailbreaking” is the term used for removing these restrictions, thereby liberating your phone from Apple’s software “jail.” Estimates put the number of iPhone owners who have jailbroken their phones in the hundreds of thousands.
As part of the 2009 DMCA rulemaking, EFF has asked the Copyright Office to recognize 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 (e.g., turn-by-turn directions, using the iPhone camera for video, laptop tethering).
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 — we said as much in our technical white paper describing the jailbreak process. But the courts have long recognized 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.
As for the DMCA violation, Apple casts its lot with the likes of laser printer makers and garage door opener companies who argue that the DMCA entitles them to block interoperability with anything that hasn’t been approved in advance. Apple justifies this by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability, and swing the doors wide for those who want to run pirated software.
If this sounds like FUD, that’s because it is. One need only transpose Apple’s arguments to the world of automobiles to recognize their absurdity. Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM 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 Miatas frequently exceed the legal speed limit.
But we’d never accept this corporate paternalism as a justification for welding every car hood shut and imposing legal liability on car buffs tinkering in their garages. After all, the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy.
Of course, many iPhone owners will be happy to choose solely from the applications that Apple is willing to approve, just like many Ford owners are happy relying exclusively on their local Ford dealer. But if you want to pop the hood, the DMCA surely shouldn’t stand in your way.”
Source: CNET
“Apple recently told the U.S. Copyright Office that it believes iPhone jailbreaking is a violation of the Digital Millennium Copyright Act and infringes on its copyright, according to the Electronic Frontier Foundation.
The EFF is trying to get the Copyright Office to grant a DMCA exemption on behalf of iPhone owners who have chosen to jailbreak their iPhones, or bypass the restriction Apple places on standard iPhones that only allows the installation of applications from approved sources: the App Store. In its response to the Copyright Office (click here for PDF), Apple disagreed that such an exemption was proper because the very act of jailbreaking the iPhone results in copyright infringement.Current jailbreak techniques now in widespread use utilize unauthorized modifications to the copyrighted bootloader and OS, resulting in the infringement of the copyrights in those programs. For example, the current most popular jailbreaking software for the iPhone, PwnageTool (cited by the EFF in its submission) causes a modified bootloader and OS to be installed in the iPhone, resulting in the infringement of Apple’s reproduction and derivative works rights.
The EFF’s argument is that jailbreaking your iPhone is protected under fair-use doctrines, and that the Copyright Office should grant an exemption because “the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy.” But Apple’s response is that few users of jailbroken iPhones actually jailbroke it themselves; instead, they downloaded software created by other parties to make that happen.
Don’t expect Apple to come knocking on your door if you’re using a jailbroken iPhone; they used a similar argument in the Psystar case and no one has confiscated my Open Computer yet. But Apple could be trying to build momentum behind the recognition of jailbreaking that does more harm than good; already this week, iPhone developers have been discussing writing software that only works on jailed iPhones as a way of preventing application bootlegging.”
Who cares? I already jailbroken my ipod touch.
Anyway, read the title carefully, Apple announced that jailbreaking IPHONE is illegal, but they didn’t say that jailbreaking ipod touch is illegal, haha.(actually it is illegal too)
Why apple announced this? When apple created Ipod Touch 1st gen and iphones, the dev team successfully cracked the ipods and iphones which allow them to install 3rd party applications, and the process is called jailbreak. Then, Apple is QUITE clever, they designed a new ipod touch, which is ipod touch 2nd generation. They changed a lot of things inside the ipod touch(hardware), made it ALMOST impossible to jailbreak. Apple was happy with the result because the dev team cant jailbreak it. BUT now, dev team has successfully jailbreak ipod touch 2nd generation(tethered), so apple ‘bu-shuang’, so they announced that jailbreaking is illegal… lame…
But dont worry guys, jailbreaking ipod touch is safe, apple wont know. I’m the first one who jailbroken my ipod touch 2nd gen in CHS… hehe…
