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Jailbreaking iPhone Now Legal

whisper_jeff writes "The US government on Monday announced new rules making it officially legal for iPhone owners to 'jailbreak' their device and run unauthorized third-party applications, as well as the ability to unlock any cell phone for use on multiple carriers." The EFF has further details on this and some of the other legal protections granted in the new rules.

41 of 423 comments (clear)

  1. hooray by Darth+Sdlavrot · · Score: 5, Insightful

    Sudden outbreak of common sense.

    1. Re:hooray by halfEvilTech · · Score: 4, Interesting

      Now make it so that performing this act does not void your warranty as well and I would be a happy camper. Or at least make it so that if the carrier then bricks your device on purpose to get those unlocked devices out of the market be liable to replace it.

    2. Re:hooray by Anonymous Coward · · Score: 5, Informative

      Tying a hardware warranty to software is and has always been illegal.

      The Magnuson-Moss Warranty Act says that a manufacturer cannot void a warranty because of an aftermarket replacement part unless they can prove that the part caused the failure (e.g. those early unlocks that scrambled the baseband's IMEI info).

      In short, Apple cannot legally void the warranty for a mere jailbreak, but could void the warranty for an unlock that goes wrong and bricks the phone by damaging the baseband or boot loader.

    3. Re:hooray by click2005 · · Score: 3, Insightful

      Now Apple will add some DRM style component to future Iphones and the game will continue.

      Does making jailbreaking legal also make it illegal for Apple to 'accidentally' brick your phone with the
      next Ios update because you installed 'incompatible' software.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    4. Re:hooray by jpmorgan · · Score: 3, Insightful

      Sure, but you can expect Chevy, Ford or any other auto vendor to fix factory defects in the paintwork, for example. Or if the radio breaks.

      Making modifications may partially void your warranty. But only if they can prove your modifications caused the problem. That's the law.

    5. Re:hooray by Jaime2 · · Score: 3, Insightful

      A contract cannot remove rights granted by an act of congress (Magnussen-Moss Warranty Act). Just because Apple does it, doesn't mean it's legal. There are a lot of tricky details, but as a general rule a company cannot refuse to honor a warranty simply because they don't want to. Any contract language suggesting otherwise is void and may void larger parts of the contract. The more the refusal seems to be tied to locking in additional sales (app store), the more likely a court would frown upon the refusal.

  2. Press release from EFF by Anonymous Coward · · Score: 5, Informative

    Press release from EFF:

    http://www.eff.org/press/archives/2010/07/26

    1. Re:Press release from EFF by paazin · · Score: 5, Informative

      Note, this isn't the only thing that came up. The AP mentions several more:


      - allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

      - allow people to break technical protections on video games to investigate or correct security flaws.

      - allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.

      - allow computer owners to bypass the need for external security devices called dongles if the dongle no longer works and cannot be replaced.

      All of which sound like pretty much what I've heard people complaining about for years now. Good to see the valid exemptions to the law are finally being updated to be somewhat logical.

  3. Now we're doomed! by betterunixthanunix · · Score: 4, Funny

    Now we are going to see a torrent of pornography for the iPhone! Think of the children!

    --
    Palm trees and 8
    1. Re:Now we're doomed! by NickPresta · · Score: 5, Funny

      I can't anymore! My wrist is too sore!

    2. Re:Now we're doomed! by eln · · Score: 5, Funny

      I dunno man, the last time I was thinking of the children and downloading torrents of pornography the FBI broke down my door.

  4. Correction: by clone53421 · · Score: 5, Insightful

    Jailbreaking iPhone WAS Legal.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    1. Re:Correction: by mea37 · · Score: 4, Informative

      That's not law? Funny, because it's exactly how the majority of law in the U.S. works. The statute defers to regulations, and the regulations then have the force of law as given to them by the statute. This particular statute puts structure around the regulations, forcing them to be somewhat more dynamic than you might expect, but that's really neither here nor there.

      The copyright office's exemptions absolutely have the effect of changing what is legal, because the DMCA says so. What is or is not legal changes without the passage or signing of a new bill; it happens all the time.

  5. If anyone needs Steve Jobs by amliebsch · · Score: 5, Funny

    He'll be in his angry dome!

    --
    If you don't know where you are going, you will wind up somewhere else.
  6. Who cares about the Iphone? by Charliemopps · · Score: 5, Insightful

    The real story is the video remixing: "EFF also won a groundbreaking new protection for video remix artists currently thriving on Internet sites like YouTube. The new rule holds that amateur creators do not violate the DMCA when they use short excerpts from DVDs in order to create new, noncommercial works for purposes of criticism or comment if they believe that circumvention is necessary to fulfill that purpose. Hollywood has historically taken the view that "ripping" DVDs is always a violation of the DMCA, no matter the purpose."

  7. Is this subject to a whim? by nebaz · · Score: 3, Insightful

    One of the things I dislike about having things solved with regulation as opposed to laws is that regulations typically fall under the executive branch, and as such could change on a whim as administrations change. I see from the article that this is part of an list of exemptions (from the DMCA?) that is set by the U.S. Copyright Office in the Library of Congress. At a risk of showing my ignorance, is this a Legislative office, or an Executive one? How are its members appointed, how easy is it for them to add/revoke things, etc?

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:Is this subject to a whim? by yar · · Score: 5, Informative

      The Librarian of Congress is appointed by the President. The Register of Copyrights is appoints by the Librarian.

      There is an extensive rule-making procedure for this process (Section 1201 rulemaking- see the featured link at copyright.gov). Unfortunately, those asking for the exemptions generally bear the burden of proof, and have to ask for the exemptions every three years. It is difficult to plan based on these exemptions.

  8. iPod Touch and Playstation 3 Linux? by Niris · · Score: 3, Interesting

    So do these new exceptions apply to the iPod Touch as well? I would assume so since it's the same app process, but RFA only mentioned phones. Also what about the Playstation 3 and how they don't allow Linux anymore, would this fall under this, too?

  9. Legality vs. Ability by clinko · · Score: 3, Interesting

    I don't think legality was holding people back. It mainly was the technical expertise to do so.

    I think jailbreaking will be still limited to the hobbiest.

    To use a car analogy (Which will be replied to with a better analogy proving me wrong):
    Now everyone can put "illegal" flamethrower pipes on their car and not get arrested, but who's going to do it but hobbiest?

  10. Distribution of jailbreaking tools still illegal by Lyrrad · · Score: 5, Interesting

    Note that the Librarian of Congress Rulemaking provision only exempts the circumvention provisions of the DMCA. The Librarian cannot exempt individuals from the distribution provisions of the DMCA.

    So, while you can now legally jailbreak your phone, it would still be illegal to distribute the software program itself.

  11. Yawn. by BrokenHalo · · Score: 3, Insightful

    Good. I still don't want an iPhone.

  12. Re:What, too lazy to link? by nschubach · · Score: 3, Funny

    ACs can't even log in yet and you expect them to be able to figure out how to link? ;)

    --
    Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  13. Does this mean... by ceraphis · · Score: 4, Interesting

    That Apple isn't allowed to do anything warranty-wise if you jailbreak your iphone in the future? Could they refuse to replace a broken glass screen if they find out your iphone is or was ever jailbroken, JUST BECAUSE it was jailbroken?

    Otherwise I don't see any implications for the end user. It's not like if you went into an Apple store with a jailbroken iphone the authorities were called to arrest you. Also, the people involved in the jailbreak process haven't exactly been trying to hide their work, they even have videos of them in the process.

    1. Re:Does this mean... by bm_luethke · · Score: 3, Insightful

      No more or less than before - it only means that you are no longer in violation of the DMCA (which isn't even saying it is "legal" either, it just means that one law can't be used to say it is illegal).

      Since as far as I know Apple wasn't suing anyone over it anyway then there isn't a change at all.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
  14. Re:Fail by jargon82 · · Score: 4, Funny

    I think you should contact the EFF about this issue.

  15. Re:Warranty? by reezle · · Score: 5, Insightful

    I've always felt that once I've bought a device it's mine to do with as I please. If I want to disassemble it, format it, load a copy of CP/M on it or cut it in half with a skill saw, that's my business.
    But I certainly don't feel entitled to warranty support after I've gone out of the reasonable bounds of what the company expected me to do with the product.
    They never sold the phone as a general purpose device that I can load whatever I want to on it, they shouldn't have to support it as such.
    I'll gladly demand my right to enough rope to hang myself with, but only with the understanding that that is exactly what I'm getting.

  16. Re:I Shouldn't Have to Jailbreak It in the 1st Pla by markdowling · · Score: 3, Insightful

    "Just like all the RIM phones"? What's your problem with a Java development environment which allows you to develop apps or to install those developed by RIM either through your desktop or BES, with RIM neither knowing nor caring?

  17. Re:Yeah and how about rooting Android? by tknd · · Score: 5, Informative

    First off, rooting android is not the same as jailbreaking iphone. If your android comes with "enable unknown sources" which most devices do (except some ATT versions) then you can get most of the functionality you need through 3rd party apps or apk files. For example if I develop a new app, I don't need to go through the provisioning BS that apple makes you go through. I just get a device, drop the apk on it, and test it. I don't need to have the phone hooked up to a computer or anything.

    Most of the people rooting android are interested in a fully customized/3rd party rom, not just root privileges. That's way different than Apple because most of the people jailbreaking iphones are interested in apps that aren't blessed by Apple.

  18. The downside: personal responsibility by Caerdwyn · · Score: 5, Insightful

    So how long will it be before people are thoroughly bricking their own iPhones with bad firmware updates and bad applications, getting their identities stolen, then blaming Apple? I can smell the lawyers and the puddles already.

    If people want to jailbreak their cell phones, fine, but with that comes absolute responsibility. Not one word of blame on the provider or manufacturer, including when your credit card is suddenly maxed from Thailand, or when the FCC comes knocking on your door because you downloaded a cell-tower spammer that you thought was a jiggly-boobs app. You don't get to sue, you don't get to say it's Apple's fault, and you get to pay for the trouble you cause.

    Scream "freedom" all you want, but recognize that with it comes the full burden of the consequences of your actions. If... and only if... you can handle that, enjoy your iPhone on T-mobile or wherever else. I'm all for being able to go to other carriers, but if the process involves downloading a firmware image from Russia, yeah, I'll pass.

    --
    Everybody gets what the majority deserves.
  19. It never was illegal by OrangeTide · · Score: 3, Insightful

    I never needed the government's permission before why should I now?
    Relaxing imaginary DMCA restrictions makes the new government look like a hero while quietly ignoring the elephant in the room.

    Should our leaders be lauded for adding exceptions to an already complex legal system. Is it impossible for us to tear down two laws and replace it with one simpler law. Or will entropy in this political organism carry us to our downfall?

    --
    “Common sense is not so common.” — Voltaire
  20. Re:Now they can make it illegal by Sprouticus · · Score: 3, Informative

    Not true. By clarifing how the law is to be applied this is limiting how media companies (and phone manufacturers) can use the existing DMCA to limit use. This was already being done by Apple and big media to limit fair use. Obviously the blurred line between hardware and software (especially in phones) is the real tricky part of this, and the one which needed clarification.

    I still hate the DMCA, but (and yes, I have to bring politics into this) it looks like the Obama Administration finally got something right in regards to copyright and fair use/first sale.

  21. Steve Jobs says by commodoresloat · · Score: 5, Funny

    you're holding it wrong

  22. As Mel Gibson would say by xmorg · · Score: 3, Funny

    Freeeeeeeeedoooooooooom!!!!!

  23. The "eFuse" protection in Droid is NOT TRUE by pslam · · Score: 5, Insightful

    I am guessing we will see allot more efuse (Droid) type approaches in the future. Considering this current ruling, I wound if the vender is held legally responsable for damaging (aka bricking) a device if the intent is to prevent it from being tampered with?

    Stop spreading this. It's not true. Did you know practically every embedded chip shipping these days has eFuses in it? Do you know what they're used for? Configuration, unique IDs (e.g MAC address) and other minor things. NOT to cause bricking.

    This whole thing started from a so-called hacker putting 2 + 2 together and getting 23948304958. He has no idea what he's talking about, and this has been refuted many times. But it's so easy to start a malicious rumor in the tech press these days because the tech press apparently has nobody who fact checks.

  24. Re:Warranty? by jellomizer · · Score: 4, Informative

    You must not have used early versions of X11. Back in the old days you needed to enter in the horizontal and vertical refresh rates and resolutions... Improper configuration could damage some CRT screens.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  25. Re:Now they can make it illegal by Kirijini · · Score: 5, Informative

    it looks like the Obama Administration finally got something right in regards to copyright and fair use/first sale.

    I'm an Obama supporter, but Obama had nothing to do with this. The Copyright Office is a part of the Library of Congress, which is a creature of Congress. The new exemptions were recommended by the Registrar of Copyrights, Marybeth Peters, who has been in office since 1994. Her boss, the Librarian of Congress, James H. Billington, has been in office since 1987.

  26. Re:Warranty? by sgbett · · Score: 3, Interesting

    I agree with both your post and the parent, the question arises when you install software that, say, makes the hardware do things that the original software was designed not to.

    I remember running linux on a laptop that had dodgy power management, the fans wouldn't turn on when the cpu started to heat up. Eventually the hardware cut out would switch the laptop off when the cpu hit 100 Celsius. Eventually the laptop died by way of failed charging connection - I can't say whether or not it was related to the excessive heating and cooling.

    If you install some 3rd party OS on your iPhone that creams the cpu and it, say, discolours the screen, or maybe cracks the case - then surely you can't expect a warranty replacement? I'm not suggesting you would try and pull that one, but I'm sure there are others who may not be so scrupulous.

    --
    Invaders must die
  27. Re:Yeah and how about rooting Android? by jo_ham · · Score: 4, Insightful

    No, it is *exactly* the same thing.

    Whatever motivations are behind it are irrelevant, it is *exactly* the same.

    I see what you're trying to do (downplay the negatives about Android vendor lock phones and the need to root them to be able to do things with them), but in reality, both iPhone and some Android phones have this problem.

  28. Re:Warranty? by Duradin · · Score: 3, Insightful

    Bricked is the new "literally".

  29. Re:Distribution of jailbreaking tools still illega by CaseM · · Score: 3, Interesting

    Only in the United States.

  30. Re:Warranty? by mrchaotica · · Score: 3, Insightful

    No matter what you do with the software, it shouldn't ever break hardware barring overclocking and the like and so they should still have to allow claims for hardware issues.

    Unless Apple is somehow magically immune to the Magnuson-Moss Warranty Act, that is how it works. Why nobody appears to be calling Apple out on it, I don't know.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz