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In Defense of Jailbreaking

Keith found a nice manifesto saying "There's a trend that's been disturbing me lately. When the topic of modding or jailbreaking comes up — say, in the wake of the iPad announcement, or Sony's restrictive PS3 update — there is an outcry. Who am I to tell Apple what's best for their devices?"

41 of 405 comments (clear)

  1. DMCA still makes it illegal by elrous0 · · Score: 5, Insightful

    Certainly a worthy moral argument, but thanks to the WIPO copyright Treaty (which everyone, except for a few of us crazies who were warning about it, completely ignored back when it was being debated), such circumvention of technology (specifically if it's designed to access protect copyrighted content) is nonetheless illegal in many WIPO countries, including the U.S.

    From the anti-circumvention section of the DMCA: "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

    And notice the language there. It doesn't say "no company may do this for profit" or "no one can do this for anyone else" (as many mistakenly believe), it says "No person." That means you sitting at home jailbreaking your own cellphone. Now, maybe you could make the case that an iPhone and its OS is not a "work protected under this title" but I think that would be a hard sell.

    --
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    1. Re:DMCA still makes it illegal by BradleyUffner · · Score: 4, Insightful

      "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      Doesn't sound like it effectively controls anything if it can be so easily bypassed.

    2. Re:DMCA still makes it illegal by mark-t · · Score: 5, Insightful

      One can also use a pencil and paper to infringe on copyright, using nothing more than their own intellect as a means to circumvent the copy protection.

      Taken entirely literally, without exempting private use, the anti-circumvention provision of the DMCA makes it a criminal act to be intelligent enough to do this.

    3. Re:DMCA still makes it illegal by Inf0phreak · · Score: 2, Insightful

      Can we stop with this idiocy? "Effectively controlling" is not the same as "being effective". The Content Scramling System used to encrypt data on DVDs is effectively controlling region coding (et al), but it is not very effective at it. But during normal operation of a (properly licensed blah blah blah) DVD player, it will indeed "effectively control" your access to the data on a disk.

      --
      ________
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    4. Re:DMCA still makes it illegal by Sloppy · · Score: 2, Insightful

      Is jailbreaking primarily intended to defeat a technological measure that limits access to the OS? In what way can you read the OS on a jailbroken iP*d that you can't with a non-jailbroken one?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  2. you're the one who bought the product by Anonymous Coward · · Score: 5, Insightful

    that means it's YOURS now. end of story.

    1. Re:you're the one who bought the product by purpledinoz · · Score: 5, Insightful

      And since you bought it, it's your fault for supporting a platform that's ruled with an iron fist.

    2. Re:you're the one who bought the product by perryizgr8 · · Score: 2, Insightful

      the existence of jailbreaking implies an iron fist. otherwise you would be able to do anything on your phone without hacking it.

      --
      Wealth is the gift that keeps on giving.
  3. When you buy it... by Chris+Tucker · · Score: 3, Insightful

    ...it becomes YOUR device.

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    1. Re:When you buy it... by MyLongNickName · · Score: 3, Insightful

      I agree wholeheartedly. However, the flip side is that Apple ought not have to support the device short of hardware failures.

      Face it... people buy Apple because it works out of the box without having to configure anything. People who buy Apple products are generally okay with being limited on capabilities.

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    2. Re:When you buy it... by dnaumov · · Score: 2, Insightful

      until you realize you DIDN'T BUY THE DEVICE, but instead purchased a license to use a device in accordance to a specific agreement. I really really wish it would be a case of "I paid money for this and goods have exchanged hands so I can do whatever I want with it", but in a lot of countries, this simply doesn't hold true.

    3. Re:When you buy it... by Bearhouse · · Score: 2, Insightful

      Indeed, (and I agree with you), but...when you purchased it, you accepted the T&Cs...

    4. Re:When you buy it... by Sloppy · · Score: 4, Insightful

      It becomes your device, but we have overwhelmingly (99%+) voted for (and re-elected many times, confirming again and again) a government that creates laws which say that people are not allowed to do certain things with their own devices. This is with bipartisan support and utter lack of any controversy. Or rather, the only controversy is in internet blog postings. When it comes to the ballot box, though, people are very unified in strongly supporting the idea that government should initiate force to limit what people can do with things that they own.

      Think about it: we even still have drug laws, so that "ownership" of our own bodies is itself, is a murky concept. If ownership of yourself doesn't mean anything, how can owning a widget mean anything? We'll value personal dignity long before we take the more radical step of recognizing personal property, and even that first simple step is likely many decades away.

      Don't like it? Start voting.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  4. I think you are: by Errol+backfiring · · Score: 3, Insightful

    Who am I to tell Apple what's best for their devices?

    The user who paid for the lovemaking device without having to first agree to anything.

    --
    Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  5. It's not their devices by mbone · · Score: 3, Insightful

    Who am I to tell Apple what's best for their devices?"

    Assuming that you haven't been shoplifting, they are not their devices. They are your (our) devices.

    Having said that, if Apple says that doing such-and-such may wreck the machines, you've been warned.

    1. Re:It's not their devices by localman57 · · Score: 3, Insightful

      Then don't install them. Bust into the device. Do it. Explore to your heart's content, and seek true happiness. But if something Apple does messes up the device after you did something they told you not to do in the first place, then so be it. Either be a bad-ass who breaks the rules and goes off on your own, or don't. Those of us who live on the edge expect to bleed sometimes.

      Or, just buy an open platform like Android to begin with.

  6. Obvious by crow_t_robot · · Score: 0, Insightful

    "Who am I to tell Apple what's best for their devices?" The current OWNER of said device.

  7. Re:Whose device? by e2d2 · · Score: 2, Insightful

    That money only buys a window into the walled garden experience.

  8. Finally! A Whitelist! by localman57 · · Score: 5, Insightful

    Putting aside the whole "You should", "You shouldn't" be able to Jailbreak the thing, I think it's interesting that we finally have a whitelisted platform. For years and years, whenever we have a security discussion on Slashdot, someone inevitablely says

    "You can never succeed trying to filter out all the bad stuff. You need a whitelist of the good stuff."

    But then someone else always says

    "But who creates the whitelist?"

    And both get modded +5 insightful. In this case, Apple created the Whitelist that all the security people say we need. And applied it to a whole platform. They apparently do code reviews, and enforce proper usage of the API.

    Personally, if I had an iPhone, I'd jailbreak it. But I like the idea that I can give one to my Mom, let her get apps off the app store, and not have to de-gunk the malware every 3 months like I do with her PC.

  9. Straw man? by snowwrestler · · Score: 2, Insightful

    I have not seen the outcry you're talking about. I think this post is just another angle for people to rail against Apple's policies.

    Which is fine, BTW! People are certainly welcome to do so, and to an extent I agree with the outcry. But I object to the implied victimhood here--of a person beset upon by the horde.

    Jailbreaking is very likely legal due to the first sale doctrine. But it hasn't been tested mainly because Apple has yet to go after a single customer for jailbreaking a product they own. They won't honor the warranty, but they're not bothering them either. It's the right place for a tech company to be IMO. If I install a new engine management chip in my Civic, Honda won't honor that warranty either.

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    1. Re:Straw man? by ColdWetDog · · Score: 2, Insightful

      What if you put new tires on your Civic?

      If you managed to slap 24 inch mud and snows on your Civic in some half crazed attempt to pretend you're a monster truck - Honda may well fail to honor the warranty when the constant velocity joints fail in a week.

      How's that for a tortured car analogy?

      --
      Faster! Faster! Faster would be better!
  10. Re:Apple can kiss my shiny white ass by Anonymous Coward · · Score: 2, Insightful

    I call shenanigans. No one's telling you what to run.

    As a developer, you are free to upload any app you write to your phone. If you want to sell your app through their store, they have a right to decide what they sell and what they don't. I you can't live with that, move on and develop for a platform that meets your needs.

    As a consumer, if you choose to buy a device whose store does not sell the apps you want or need, the choice to buy was yours and yours alone.

    Get off your high horse, put your money where your mouth is, and get your damned Ideapad already. Enough of your disingenuous "I'll be buying" BS and let's have more of that "I've already bough this other thing instead and, having used it, it makes me feel warm and fuzzy and hopeful for the future because ...".

  11. spread the word by bcrowell · · Score: 5, Insightful

    A couple of my coworkers were talking recently about Kindles and iPads. I told them about the DRM. Neither of them knew what DRM stood for, so I had to explain. Neither of them had heard of the infamous incident involving Orwell's 1984. Neither of them knew about the history of DRM'd media becoming unplayable within 5 years after people buy it, because the company running the DRM dies or abandons the project.

    Once people are educated about the issues, then it's up to them. If they buy a locked-down device, that's their decision. They know what they're getting into. We all buy coffee pots and wristwatches without any expectation that we'll be allowed to load arbitrary software into their CPUs. Everybody just has to draw their own individual line between the devices where they care about lockdown and the devices where they don't.

    The crunchgear article has some major logical flaws. The author states, "Lastly, I would like to humbly thank Apple, Sony, Microsoft, and all the others, for creating wonderful devices which I plan to enjoy to the fullest extent." In other words, he's bought these locked-down devices, and now he has to find some way to justify buying them, even though he's unhappy with the EULAs. "A popular objection is that one doesn't have to buy the devices that happen to be wrapped up in restrictive systems or deliberately limited. Vote with your wallet, right? [***] Sure, and even when you jailbreak or mod, you are doing just that. You bought the device most suited to your needs." At the point where I inserted the [***] there is a major gap in his logic. He's paid money to these companies. He has voted with his wallet. He's cast his vote in favor of locked-down devices. He didn't buy the device most suited to his needs. He bought a device that was unsuited to his needs, and then modified it in order to suit his needs. He also ignores the very real practical consequences of modding and jailbreaking. The manufacturer is almost certainly never going to give him warranty service, and some of them may actually intentionally or unintentionally brick his device when it phones home for software updates.

    Here are a couple of proposals that I'd consider more realistic. Both of these really do involve voting with your wallet. (1) If there are no options that avoid DRM and lockdowns, don't buy. This is my current attitude about the Kindle and iPod. I'll buy one when there is a non-DRM'd library of books available for it that is roughly the same size as Amazon's current catalog. (2) Buy the lesser of two evils. E.g., I believe Android is significantly less locked down than iPhone, so if I were choosing between the two, I'd buy an Android.

  12. Re:Apple can kiss my shiny white ass by tepples · · Score: 1, Insightful

    Who are you to even be using an iPhone in the first place?

    Probably someone who bought a smartphone before Android OS phones became common.

  13. As a developer, there is an annual fee. by tepples · · Score: 2, Insightful

    As a developer, you are free to upload any app you write to your phone.

    As a developer, there is an annual fee. This fee over the estimated 5-year useful life of a device often exceeds the retail price of the device itself. Do you understand the complaints about XNA and iPhone OS now?

    1. Re:As a developer, there is an annual fee. by uglyduckling · · Score: 4, Insightful

      No, not really. How much do you think it costs to develop games for the PS3 or XBox 360? Developing professionally for those platforms costs thousands of dollars. PS3 did have the Linux option, now gone, and XBox 360 does have hobbyist options, but if you actually want to release games to the public, you're not talking the retail price of the device, you're talking thousands. I don't see why it's so hard to grasp the iPhone is not, and was never intended to be, a general-purpose computing device. The development model, OS and user experience are designed to bring console-style simplicity and reliability to a smartphone. It works, and everyone is really happy with it, other than a few geeks who just can't grasp that it's not designed to be a really really small laptop. That's why Apple keep such a tight grasp on what goes on the device, how it's programmed etc., so it doesn't descend into a mess. It's also way, way cheaper to develop for than consoles.

    2. Re:As a developer, there is an annual fee. by Bert64 · · Score: 4, Insightful

      Console like simplicity is good for most typical users, but it effectively excludes the more technical class of users who want more control. In that respect, current games consoles and ipad/iphone go too far one way, while something like windows that requires you to deal with updates, drivers and anti malware protection etc goes too far in the other.

      A compromise more like the Amiga would be better - typical users could boot the machine directly into a game or specific apps either from floppy or cd on certain models, while more technically literate users could boot up into workbench etc.

      Don't alienate the geeks when making products suitable for end users.

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    3. Re:As a developer, there is an annual fee. by mswhippingboy · · Score: 4, Insightful

      Everything you say is absolutely correct. In effect, you never really own an iPhone. You are just licensing the use of Apples hardware/software and you have zilch to say about the decisions Apple makes regarding what that will/wont allow to be done to the device, and even what platform and languages you use to develop for the device.
      Which is why, as a developer, I can't imagine the draw to develop for the iPhad platform (the potential for riches is greatly overrated), when there is an alternative.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    4. Re:As a developer, there is an annual fee. by Bakkster · · Score: 5, Insightful

      I don't see why it's so hard to grasp the iPhone is not, and was never intended to be, a general-purpose computing device. The development model, OS and user experience are designed to bring console-style simplicity and reliability to a smartphone. It works, and everyone is really happy with it, other than a few geeks who just can't grasp that it's not designed to be a really really small laptop.

      Agreed. If you buy an iPhone when you really wanted an Android phone, or an XBox 360 when you wanted a PC, or any number of other closed-platform solutions when what you wanted was an open-platform you have only yourself to blame.

      After you have bought the device that doesn't fit your requirements is the wrong time to complain about it. Either don't buy it, or deal with the limitations. Simply buying the closed device and then complaining that it's closed continues to funnel money towards that closed platform, and away from the open platform you should have purchased instead. Suddenly, you're part of the problem, not part of the solution.

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    5. Re:As a developer, there is an annual fee. by dzfoo · · Score: 2, Insightful

      These aren't products "suitable for end users", these are products specifically designed for and targeted to end users.

              -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    6. Re:As a developer, there is an annual fee. by crmarvin42 · · Score: 1, Insightful

      As the iPhone's market share numbers can attest. They've managed to make a device that does not require the Geek Stamp of Approval tm. for end users to feel comfortable purchasing. That means, as dzfoo points out, that these are specifically designed for end users. Since you are a geek, that means it was not designed for you. If you like it, I'm sure Apple will be happy to sell you one, but you are not the target demographic.

      This whole topic is essentially a big whining fest. "I want to tinker with the iPhone, AND I want them to provide me support" It is perfectly acceptable for you to want it, but Apple is under no obligation to give it to you. After being a user of Apple computers for over a decade now, I can give you similar list of things I desired, but were never delived by other vendors (a decent version of MS office, functional Palm Sync client, stable and fully functioning Flash for mac, etc.). Those companies never decided that giving me what I wanted was important to them, and I just had to come to terms with that. I've learned to stop bitching about it and find alternatives if possible. If no alternatives exist I reassess how valuable those things are to me, and whether a different platform had a better cost/benefit ratio. No other platform ever did, although I seriously considered chucking Office 2008 in favor of virtualizing XP to run the Windows version of office, but I've made that calculation several dozen times over the years.

      I have my own gripes about my iPhone, but the positives outweigh the minuses, and no other phone I've seen comes close as far as what matters the most to me featurewise. If the cost/benefit analysis doesn't add up for you in favor of the iPhone, that is fine. I'd just appreciate it if you'd (and I mean "You" in terms of the complainers, not you specifically) stop trying to convince me that I need to care about what you want in a phone, or that somehow my math is wrong. Buy the phone that best suites you, suggest it to like minded individuals, and shut up already. Complaining to everyone that you can't have your cake and eat it too just makes you (again, not necessarily YOU specifically) sound like they are 9 and throwing a temper tantrum.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    7. Re:As a developer, there is an annual fee. by Hatta · · Score: 3, Insightful

      How much do you think it costs to develop games for the PS3 or XBox 360? Developing professionally for those platforms costs thousands of dollars.

      Don't you see that as a problem? If I wish to develop something for use on the console that I own, I should be able to do that. If other people find it valuable and want to pay me for a copy, I should be able to let them do that. At no point should I have to ask permission from anyone or pay anyone.

      To use the venerable car analogy, if I want to manufacture after-market addons for a car I should not have to ask GM for permission or pay them any sort of fee.

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    8. Re:As a developer, there is an annual fee. by Anonymous Coward · · Score: 1, Insightful

      When all these non-technical end-users' friends are blissfully using their iPhones and iPads, no amount of venom directed at Apple will convince them they should get a geek-friendly device instead.

      End-users are sick and tired of being dependent on the brand of geek you're promoting: the know-it-all on his high horse.

      I went out to a dinner event a few days ago with my wife and some of her co-workers, one of them a geek. Someone mentioned they just bough a new iPhone. Nearly half the people at the table had iPhones (my wife has one, but not me). The geek went on the standard rant against the iPhone and how wonderful his Google phone is, complete with demo and all. After a few minutes of this nonsense, the table burst out in laughter. All the iPhone owners at the table agreed that they would not consider switching from the iPhone to the turd in Google clothing.

      No one cares about what geeks want or endorse nearly as much as they care about having a device that works and is easy to use.

      Ever since she got her iPhone, my wife has stopped pestering me with questions like "Why isn't the internet working" and "Why does it seem that my computer is getting a little bit slower day by day" or "I was typing an email when all of a sudden the computer became really slow for three minutes and I couldn't do anything"... "When can you fix my computer?"

      To transition her all the way away from geek-ware, I'm getting her an iPad this weekend. I'll donate her computer to her geek father. His stuff is always half-working anyway.

  14. Re:What bugs me by KiwiCanuck · · Score: 2, Insightful

    They can write whatever they want in the document. However, anything written in the EULA that is contradictory to the Law is not enforceable, and thus can be ignored by the user. Getting the company to acknowledge this is another matter.

  15. Re:Finally! A Whitelist! by jabjoe · · Score: 4, Insightful

    Isn't any repository a whitelist?

  16. Apple and Sony are not comparable by tlhIngan · · Score: 2, Insightful

    In Apple's case, jailbreaking is to open up a closed device. Of course, anyone buying an Apple iPhone/iPod Touch/iPad just because you can jailbreak it and do what you want is pretty stupid - there are millions of other devices out there that are perfectly open. Jailbreaking is a bonus to make a nice device even better. But one should not be under any pretenses that it's sanctioned nor available everywhere (e.g., the second run iPhone 3GS require re-jailbreaking every time you reboot it).

    In Sony's case, they're removing an advertised feature. In which case, "jailbreaking" is to get back what Sony sold me.

    Apple never sold me anything on the basis that it can be jailbroken - the features and restrictions thereof have been known at the time of purchase. I still use them because they're pretty nice devices, and all are jailbroken because I might as well do it and enjoy the nice bonus.

    Sony sold me a PS3 on the belief it has a certain set of features, namely, OtherOS. Now they're taking away that feature, so I am entitled to do whatever it takes to get back the same featureset that Sony offered when it sold it to me.

    In one case, jailbreaking gets you more stuff. In the other, jailbreaking is to get back stuff you bought. Hell, Apple's rolled out more features for my iPhone than came with it when I bought it. Sony's pretty much ensured launch unit PS3s still command original selling prices on the used market by removing stuff every hardware revision. Heck, even the Xbox360 gained features on newer revisions (HDMI output...).

    And yes, while I believe you can do anything you want with hardware, I also don't buy hardware just because someone's already hacked it, but whether or not that device without hacking would be useful to me. If I have two similar devices then the availability of a hack might sway me one way or another, but it's never a checklist item.

  17. Don't Buy It by npsimons · · Score: 3, Insightful

    Buy it for what it is, or don't buy it at all. Your choices don't get any more granular than that. - Mark Pilgrim on the iPhone

    I'll never get this obsession with buying Apple products - supposedly it's because they "just work", but when you have to void the warranty to get it to do what you want it to do, you're obviously admitting that it doesn't "just work". Why buy it when you can get something that is designed to be open and hackable?

    Don't get me wrong, I'm all for hacking and modding and sticking it to the man, but since when is forking over your hard earned cash (to the man, no less) for a device that is hack-hostile "sticking it to the man"? Why not instead encourage companies that are encouraging you to be more than a consumer?

  18. Re:Slashdot modded by petulant children these days by interkin3tic · · Score: 2, Insightful

    Ya gotta love the sensitivity of the slashdot children when you criticize anything about their firefox blankey.

    ..when you go out of your way to criticize firefox on a topic that has nothing to do with firefox. Yeah, I know, like petulant little children, all modding that off topic flamebaiting as off topic, the nerve! They're almost as bad as [insert group here] when I go into one of their [rallies/forums/other place of gathering or discussion] and talk trash on [insert unrelated subject that happens to be viewed favorably by a good number of said partisans].

  19. Re:Apple can kiss my shiny white ass by Anonymous Coward · · Score: 1, Insightful

    Who are you to even be using a Droid in the first place? The thing is a piece of shit. It can't even show animated GIFs, and is stuck on Verizon. Just get a fucking iPhone already and be done with it. I am so sick and tired of hearing about these worthless motorola products. If you write apps for it and it is still worthless, have you really accomplished anything? This would be like making plugins for IE to make it suck less when you could just switch to Firefox or Chrome.

    There are much better phones out there. Move on.

  20. Re:Apple can kiss my shiny white ass by MousePotato · · Score: 2, Insightful

    /. system not working correctly today...

    First, there is no "bait and switch". The deal is clear and in the open from the beginning.

    Actually, the alternative OS removal with the PS3 happened quite some time after the units were put of for sale. I think many in the EU will succeed in getting some sort of compensation for their purchases because of it as mentioned here on /. last week.

    The seller decides what they are offering to a customer, and what they charge the customer for this offering. A different offering would cost different amounts of money. You are basically saying that you don't want to allow any contracts where contracts are used to establish what you get for your money.

    Actually, I never said anything of the sort. I read the fine print and decided caveat emptor. The way the agreement went with the iphone said essentially that I am paying for a device that I wouldn't technically own, just use, and it actually belongs to AT&T and Apple. So, no thanks.

    As an example, let's say a car manufacturer sells two variations of the same car, one with 100 horse powers, and the other with 200 horse powers, for different prices. Which is Ok, you get different things, you pay different amounts. Now the manufacturer finds a way to change the horse power of its engine using software. They can still offer the same two car variants, but you are saying they shouldn't be allowed to do that. What justification do you have for that except your own personal greed?

    I see your point but I disagree; its a terrible analogy. If a person buys the 200 hp car and discovers the 100 hp purchaser got the same deal for the software upgrade then they are entitled to some form of compensation. Afterall, they bought the 200 hp model. If the upgrade makes their car a 100 hp lemon then same thing applies.

    If I buy a car I don't have to go to the dealer if I decide on a better stereo, rims, seats, shocks, tires and add tint to the windows. If I lease a car I cannot do any of those things unless I can restore the vehicle to 100% of its original condition when i return it minus the usage i put it through.

    As for the 'own personal greed' jab; I honestly don't think its greedy to expect to get what you pay for. If you purchase something and its to your liking then you got what you wanted because the product is what it is. If you purchase something and later the manufacturer of the product decides to remove functionality, for whatever reason, and makes the product useless to you then that's just not right.

    How would you like it if in your car analogy the manufacturer decided that in order to be more 'green' and cut emissions by 14% (cool new trendy feature added) the car shouldn't be operable one day a week?

  21. Re:Apple can kiss my shiny white ass by mweather · · Score: 2, Insightful

    It can't even show animated GIFs,

    Yes, it can. You just need to use the Movie api instead of ImageView. Next Android version will add it to the default browser, but by the time that is released, Flash will be out of beta.