Could jailbreaking an iPhone be a crime?

Could jailbreaking an iPhone be a crime?
You read that title correctly. There might be a small chance that jailbreaking an iPhone may be considered a crime. Sure there are plenty of users out there probably wondering how performing an act like that could land you some time behind bars. Apple argues that jailbreaking an iPhone constitutes copyright infringement and a DMCA violation. This is the first formal public statement from the Cupertino giant about its legal stance on the process. It only makes sense for the behemoth company to protect its creation from anyone or anything that poses any threat. The legal reasoning behind the statement is that jailbroken iPhones run on modified versions of Apple’s bootloader and operating system software. But there might be some light on the opposite spectrum thanks to courts long recognizing copying software while reverse engineering is a fair use. It’s only valid if the purpose is to foster interoperability with independently created software; something that Apple fails to mention in their statement. This may be an act to deter users from going through the process and further retaining their firm grasp on their intellectual property. But who says they are making all the rules and forcing you to choose?

source: Electronic Frontier Foundation via Mobile Magazine


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10 Comments

1. LessthanZach

Posts: 106; Member since: Apr 29, 2008

"It’s only valid if the purpose is to foster interoperability with independently created software" this to me sounds exactly why everyone Jailbreaks their iPhone. To use software that is not available via the Appstore such as Cycorder and unique themes. I think this one aspect alone protects us as consumers and our right to Jailbreak it.

2. msb175

Posts: 14; Member since: Apr 09, 2008

what, so just about everyone with an iphone committed a crime? it makes sense in some ways, but apple needs to give it a rest. they can't control everything...unlike google...i kid, i kid

3. The Godfather unregistered

lmao hence why apple is a terrible company, they steal everything from everyone else, but if you even think about doing something they dont approve, they will sue you. I wish LG would have sued them when they first launched the i phone since it was a complete rip off of the prada

6. *HOVA*

Posts: 564; Member since: Dec 11, 2008

Still beating that dead horse, is there really anything left?? I agree this is pretty ridiculous but honestly, companies are always out to protect what's theirs. I don't care if it's Apple or any other company, they all want to protect what's theirs and punish the people that abuse it. I really don't think this will go anywhere and I'm sure Apple is just sick of trying to come up with reasons to release new firmware to avoid hacking, but who cares? I see how the iPhone is similar to the LG Prada but really don't get why you bring that up in every post you make concerning the iPhone. So should Apple sue every company releasing phones that look like theirs too? Cause I'm pretty sure most new touchscreen phones look like them. Whoopty doo, who cares.

7. E.N.

Posts: 2610; Member since: Jan 25, 2009

I've said it before that apple didn't copy from prada. The pradasucks so bad it's not even funny. Why would apple copy a phone that almost no one knows about or cares about. The prada is a sorry excuse for a phone apple copied

4. YouLostTheGame

Posts: 441; Member since: Dec 11, 2008

Happy Valentine's day to you too, Apple!

5. JDubreno005

Posts: 25; Member since: Jan 07, 2009

LMFAO hahaha Three boo's for apple.. Maybe people wouldn't jailbreak thier "Hype" Phone oh mean iphone if they actually could do everything.. I.E. MMS (to a phone not an email fanboys) Record video, A2DP, tether..... This is why Verizon denied it in the first place.... But I did a little bird talk of a iphone nano coming to big red...... Oh yeah! (just fix the issues mentioned above)

8. E.N.

Posts: 2610; Member since: Jan 25, 2009

Umm that's not why Verizon denied it. And the phone itself can do everything (not everything but a lot) but it's the manufacturers who don't allow it to do all it can for some reason that I think is stupid. I guess they are just doing that to make the next phone they make even better

9. gba2000

Posts: 49; Member since: Dec 28, 2008

if that's true VZW is retarded, it's making AT&T lots of money

10. merkeke

Posts: 62; Member since: Jan 03, 2009

it doesnt make att alot of money look at 4q earnings

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