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Jailbreaking Could Soon Become Illegal Again

Diggester writes "Back in July 2010, the United States government approved a few exemptions in a federal law which made jailbreaking/rooting of electronic devices (iPhones and Android devices) legal. The court ruling stated that every three years, the exemptions have to be renewed considering they don't infringe any copyrighted material. The three-year period is due to expire and the Electronic Frontier Foundation (EFF) is looking to get the exemptions renewed. In order to do so, they have filed a petition which aims at government to declare jailbreaking legal once again. In addition to that, EFF is also asking for a change in the original ruling to include tablet devices." Here's the EFF's own page on the issue.

40 of 239 comments (clear)

  1. Who cares by mvar · · Score: 5, Insightful

    Illegal or not i'll do whatever i want with my phone. I may as well take a hammer and test its screen, oh wait, is that illegal too? Patents, IP, copyright, SOPA, PIPA, lawsuits.. fuck them

    1. Re:Who cares by Microlith · · Score: 5, Insightful

      You should care. If you don't, you're just handing the reins over to someone who will fuck you over with force of law.

      And if you don't care, you're half the problem.

    2. Re:Who cares by Jah-Wren+Ryel · · Score: 5, Insightful

      You care. Because not only is it illegal for you to jailbreak, it is illegal for someone else to help you. As in to provide the tools to do the jailbreaking. So unless you are an uberhacker, you won't be doing much jailbreaking.

      --
      When information is power, privacy is freedom.
    3. Re:Who cares by fuzzyfuzzyfungus · · Score: 5, Insightful

      Inconveniently, you'll attempt to do what you want with your phone.

      In the vast majority of cases, unless the owner of the device has considerable spare time and skills far outside the norm, their ability to do what they want with their device depends largely on the public availability of tools for doing so. Those tools are the ones that are most likely to get harder to find should their legal status shift(architecturally, prosecuting individuals who tamper with a GUID-bearing, cellular-modem-connected, user-account-data-correlated, device would actually be comparatively practical, make one mistake in your jailbreak, hit a tripwire or a tilt-bit somewhere, and run the risk that the hardware will phone home and report you; but unlikely to be a good PR move...)

      Against a complex system, you are only as good as your tools, which becomes a much greater limitation if those become contraband.

    4. Re:Who cares by Microlith · · Score: 5, Insightful

      And you're under prior-restraint to keep silent about such methods!

      Don't you love how the DMCA violates the First Amendment for the sake of corporate interests?

    5. Re:Who cares by Anonymous Coward · · Score: 5, Insightful

      The crazier the intellectual property laws get the less respect people will have for intellectual property laws. I care quite a bit, but at this point it may be easier to just let "big content" hang themselves.

    6. Re:Who cares by Tr3vin · · Score: 5, Interesting

      I do care, but I speak with my money. I buy phones that the manufacturer allows me to hack / modify. 'fastboot oem unlock' is a glorious thing. I'd rather give money to a company that allows me to do what I want than fight the more controlling companies.

    7. Re:Who cares by PopeRatzo · · Score: 5, Interesting

      The crazier the intellectual property laws get the less respect people will have for intellectual property laws.

      I'm not sure how much less respect people can have for "intellectual property laws".

      Any possibility for respect was wasted when "95 years from publication or 120 years from creation whichever is shorter" became the length of a copyright. Or when advocates for "intellectual property" sought penalties in the hundreds of thousands of dollars for downloading songs via bittorrent.

      There just isn't a compelling reason why anyone should respect copyright laws. Especially considering how little of the financial benefit of those laws actually goes to the creator.

      --
      You are welcome on my lawn.
    8. Re:Who cares by tepples · · Score: 4, Insightful

      I'd rather give money to a company that allows me to do what I want than fight the more controlling companies.

      So would I, but in some cases that I've seen, "the more controlling companies" control virtually all of a market.

    9. Re:Who cares by Dahamma · · Score: 4, Insightful

      Especially considering how little of the financial benefit of those laws actually goes to the creator.

      The copyright length is definitely absurd (I'd argue in most cases 2-3 years would allow recovering the investment made into it and the majority of future profits), and removing casual copying of content probably would not result in much of an increase in sales, I agree. But it is still a huge benefit to content creators in one way - it keeps organized, commercial piracy (that is so common in Asian countries) to a minimum in many countries.

      Imagine if there were *no* laws against copying someone else's work - say anyone could legally copy a studio's movie print and show it in their own theater, or copy DVDs, CDs, or books and sell them in a retail store along side the "official" copies, etc. Those copiers don't have to make back the time and money put into creating the work, only the trivial cost of duplicating it. I'd call preventing that a definite financial benefit to the creator...

    10. Re:Who cares by Microlith · · Score: 4, Insightful

      So do I, which is why I still use my N900.

      I'd rather give money to a company that allows me to do what I want than fight the more controlling companies.

      You have no choice. Look at the primary opponent of this: Apple. Look at their results. You cannot simply avoid them, their influence on the market is so stupidly huge that even if you don't buy their product, they can still directly impact your ability to choose other options in the future.

    11. Re:Who cares by tepples · · Score: 4, Interesting

      If I buy a carrier independent Android compatible phone

      With the mess of protocols (CDMA2000 vs. GSM/UMTS), bands (AWS vs. standard), and plans (no discount for not taking a subsidized phone) that is the U.S. cell phone market, do you have a plan for making this practical in the United States?

    12. Re:Who cares by fish_in_the_c · · Score: 5, Insightful

      Are they immoral? If so disobey them.. if not obey them and work to change them.
      http://en.wikipedia.org/wiki/Civil_disobedience

      The question is are your action out of Love or Selfishness.
      Out of concern for the common good , or just being a tool.

      If you are actually looking to create a better world around you people will have more respect for your position ,even if they don't agree with it, they are still likely to jail, crucify or otherwise attack you, but your actions will have slow effect towards justice and you might have a chance at changing things because, often times people know when they are wrong even if they don't admit it.

      If your motivations are selfish than it will show too and no-body will listen to you because you aren't just being a cry baby when you put in jail for doing what you knew was illegal.

      That's the real problem with the occupy movement, they don't offer solutions , only complaints, they aren't making any useful demands on what would actually make things better, based on concern for the public good, they are simply saying they don't like the way things are.

      News flash, nobody likes the way things are, the world will never be perfect this side of the grave.

      The only question is , what are you going to do about it!

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    13. Re:Who cares by Anonymous Coward · · Score: 3, Informative

      The Galaxy Nexus is pentaband, supporting AWS and "standard" GSM. That just misses wimax and CDMA.

      The Galaxy Nexus doesn't need SIM unlocking.

      The Galaxy Nexus can be "jailbroken" simply by running fastboot oem unlock. No hacks needed, fastboot is a tool provided by Google.

    14. Re:Who cares by CRC'99 · · Score: 4, Interesting

      As someone who recently jailbroke his iPad2, its one of the best things to ever happen to my iPad!

      I bought a WiFi only model - as for my purposes, the onboard GPS is *very* substandard. When then trying to use a normal bluetooth GPS, I find out that you need a GPS that speaks "Apple" at $99USD + shipping to your country. After the jailbreak, a $5 donation to the guy who wrote a part of a bluetooth driver and bingo, now it works with ANY bluetooth GPS.

      Theres also this awesome extension called "Mail Extender" that adds all the features that mail clients have developed over the last 10 years when Apple decided that you shall not send anything but plain text emails.

      Thankfully, I live in a country where console modchips and other methods for device compatibility are 100% legal - and tested in court.

      --
      Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
  2. Specifying by shape??? by fuzzyfuzzyfungus · · Score: 5, Insightful

    There is something just heartbreakingly pathetic at the notion that the EFF is going to have to petition to get further devices included, distinguished largely by shape from those originally included, rather than it being a given that the device you buy, you own.

    Perversely, I sometimes wonder if the situation would be improved if makers of 'traditional' categories of objects, like cars and appliances and firearms, were to start getting their DRM on and building systems that cryptographically verify every FRU's TPM on start and enter a lockout that can only be cleared by an authorized dealer if any tampering is suspected... Yeah, it'd make those product categories horribly worse; but it might finally give the computer-clueless some idea of just how insane the world of EULAs, DRM, and assorted device lockdown really is...

  3. Re:Hold up wait what? by Anonymous Coward · · Score: 4, Informative

    The DMCA makes circumventing digital security illegal - and this could include jailbreaking your phone / tablet / computer if it ever comes to that.
    It has a provision for making exceptions, but unlike the DMCA the exceptions only last for three years. If they're not renewed they automatically lapse.

  4. Re:Hold up wait what? by Microlith · · Score: 5, Insightful

    Because of this:

    - Jailbreaking breaks the security on the iPhone, thus putting the tools in violation of the DMCA
    - The LoC granted an exception to the DMCA for jailbreaking tools in the interest of enabling compatibility.

    It's part of the DMCA, and its complete and total pro-corporate bias. All you jailbreaking Apple fans should watch as Apple fights the exemption renewal. They hate you and want you back in the box, and to never talk about it.

  5. I cant wait thousands of 12 year olds in jail.. by Rivalz · · Score: 5, Funny

    We need to create a new arm of the government now to fight this menace to society.
    We need a badass name to instill fear in teenagers to curb their illicit jailbreaking habits.

    An elite squad named...
    A.J.A.C.K.A.S.S
    Anti Jailbreaking And Computer Knowledge Agianst Stupid Senators

    1. Re:I cant wait thousands of 12 year olds in jail.. by bratwiz · · Score: 3, Funny

      How about:

      "Computer-Oblivious, No-Good Repugnant Elitist Sophist Scumbags"

      Or just "C.O.N.G.R.E.S.S." for short...

  6. Re:Who cares / Exactly Badly Needed Semantics by Anonymous Coward · · Score: 5, Insightful

    Everyone, 'stop calling it jailbreaking', and start calling it a Free Country..

  7. A weird place that USA by Teun · · Score: 4, Insightful
    On the one hand you can in many jurisdictions legally shoot (take the life of) someone that trespasses your land/ house or car and on the other hand you can be locked up for modifying your own paid for appliance.

    While the outside world has for many years thought the USofA was the most materialistic nation on earth...

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    1. Re:A weird place that USA by Idbar · · Score: 3, Insightful

      Amazing indeed. A place where a company is legally prosecuted for antitrust, for not allowing to uninstall their browser. Yet other companies attack their customers for trying to uninstall or modify any other part of their system.

      Ah... how nice is being on the side that makes the rules.

  8. Too bad ALL laws don't expire by Anonymous Coward · · Score: 5, Interesting

    It would be nice if all laws had a sunset scheme... something like:

    Law originally passed unanimously: no sunset review needed

    Law originally passed 75% to 25%: ok to "bundle" with other laws in a simple majority re-confirmation every 10 years.

    Law originally passed with simple majority less than 75%? requires single-issue re-confirmation every 3 years.

    1. Re:Too bad ALL laws don't expire by dnahelicase · · Score: 4, Insightful

      It would be nice if all laws had a sunset scheme..

      If only I had mod points.!

      Why stop at laws? Let's make things like copyright expire too!

  9. Re:Hold up wait what? by CaptainLard · · Score: 3, Insightful

    Well you know what they say, "theres nothing more permanent than a temporary government program/law/tax/etc.". Maybe its due for one such law to work out in favor of the tinkerers...

  10. Re:Hold up wait what? by Sarten-X · · Score: 5, Funny

    Don't confuse the issue. We all know how evil, corrupt, and greedy* those librarians are! This is clearly an attempt to ensure they're not completely obsolete as books become irrelevant.

    *Source: firsthand knowledge. My wife is a librarian, and she steals the bedsheets every night.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  11. Who's property by Grindalf · · Score: 4, Insightful

    So if I buy such a device, who's property is it then? This seems to contradict the property laws ...

    --
    The purpose of existence is to make money.
    1. Re:Who's property by Em+Adespoton · · Score: 4, Informative

      If you buy such a device, it's your property. However, in order to do anything useful, you'll either need to flash the device yourself (this lets you *replace* the software, which is legal), or agree to the software license and then circumvent the software somehow -- and the software does NOT belong to you -- it belongs to the copyright holder, and they let you run it on your device.

      If you can reflash (hardware reflash, not software reflash via the software already provided by the manufacturer) the device and install some other system on it, DMCA isn't broken.

      Kind of like you can buy a car, but circumventing the on-board software is illegal. Same went for buying a printer and hacking the firmware to let you use any printer cartridge, until this got an exemption for compatibility reasons.

  12. GPL should require vendors to ship with root by nightfire-unique · · Score: 5, Insightful

    Even if someone intervenes and solves this legal issue, I don't think that's good enough. Having access to tinker and enhance is the reason these devices exist at all.

    Imagine if 90s PCs were crippled this way. Would Linux, or its multibillion dollar server industry even exist? Apache? Tomcat? Free software can't survive in such a hostile environment. The anti-intellectualism must stop.

    While we do have the ability to call the shots, I suggest that the next GPL revision include an additional clause:

    Redistribution privileges granted by the GPLv4 are revoked from all manufacturers who ship devices that don't provide to the end user an easy, supported method of superuser privilege escalation.

    The good news is, it would have two effects. Smart vendors would fix their devices to comply. The evil ones would fork the kernel and anything else using the new license, and eventually die off without community support.

    Remember. We have the money, and we have the power. Not Hollywood. Hollywood is irrelevant.

    --
    A government is a body of people notably ungoverned - AC
    1. Re:GPL should require vendors to ship with root by Microlith · · Score: 3, Informative

      The GPLv3 effectively does require that. It bars the use of GPLv3 software in things that require jailbreaking, or otherwise keep the user trapped and unable to rebuild and replace the GPLv3 binaries. Slightly different terminology, but same effect (the anti-TiVOization clause.)

      Having access to tinker and enhance is the reason these devices exist at all.

      Not quite. However, that should be something all users are able to do without interference from the manufacturer.

      Smart vendors would fix their devices to comply. The evil ones would fork the kernel and anything else using the new license, and eventually die off without community support.

      WRT GPLv3, they're already not using the GNU coreutils. And the Linux kernel will never be anything but GPLv2.

      We have the money, and we have the power. Not Hollywood. Hollywood is irrelevant.

      But you don't have someone like Chris Dodd, who can go on Fox News and threaten congressmen for not standing up to the American populace to force bad laws through.

  13. Headline correction by Anonymous Coward · · Score: 5, Informative

    How about "EFF working to keep jailbreaking legal" as a headline? The OP (who has also linked to the article on his own retarded ad-filled site) is just sensationalising this shit to attract traffic / improve his pagerank. Better stories are available here and elsewhere.

  14. Re:Revolution! by PPH · · Score: 4, Funny

    Shoot the head of all politicians!

    There's nothing up there. Aim for the pocketbook.

    --
    Have gnu, will travel.
  15. Re:Very relevant XKCD by newcastlejon · · Score: 3, Informative

    Look, I've told you about this before. If you're not going to pick a relevant strip please pick a different one; there's even a search box provided.

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  16. Aspire X1 by tepples · · Score: 4, Informative

    Acer makes an open game console. It's called the Aspire X1, it's about the size of an original Xbox 360 and can use its gamepads, and it runs all PC software. And unlike the major consoles, it has multiple app stores: Steam, Impulse, Desura, and GOG. There's even an adapter called the Retrode that lets it play classic games made for the Super NES and Sega Genesis.

    Let's make PCs the fourth console.

  17. Re:Who cares / Exactly Badly Needed Semantics by future+assassin · · Score: 5, Insightful

    or call it what it is. Modifying my own property.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  18. Always the same. by forkfail · · Score: 5, Insightful

    The white hats have to win every single battle.

    The black hats need only win one.

    --
    Check your premises.
  19. Re:Who cares / Exactly Badly Needed Semantics by X10 · · Score: 3, Insightful

    Everyone, 'stop calling it jailbreaking', and start calling it a Free Country..

    Apparently, some legislators disagree with you, about your country being a Free Country.

    --
    no, I don't have a sig
  20. Massive logical fallacies... by cbhacking · · Score: 5, Insightful

    How the <REDACTED> did this get modded up??

    Is that what's happening?

    Yes, in countries that meet the criteria specified in the post you responded to, and even quoted: places where there are "*no* [effective] laws against copying somebody else's work" such as many of the Asian nations I've been to (Malaysia, Thailand, Sri Lanka, Nepal, Indonesia, etc.), and a lot of Africa as well. Also certain parts of South America, though it's slightly less widespread there (in my experience).

    Do you see pirated DVDs and CDs on the shelves at Best Buy?

    Well, they don't have Best Buy in those countries, but everywhere that you can buy a CD or DVD, from a streetside vendor's cart to a chain of media retailers with a presense in most large malls, is selling mostly if not entirely pirated CDs and DVDs, yes.

    Can you tell me which theaters are showing pirated films?

    In those countries? (Almost?) all of them. The hard part would be finding one which *isn't* doing so. The better ones will use copies that were made with something better than a handheld video camera pointed at the screen, but it will still have stupid things like subtitles in a language nobody in the country speaks (not English).

    You'll also find photocopied "books" printed on standard-size paper and bound with plastic rings, CDs/DVDs listing 5 different popular pieces of software plus cracks and/or keygens, and copies of well-known photos or other graphical art (either in printed form or in bulk on a CD).

    The interesting thing about all this copyright-ignored media is that, aside from a few pieces from successful "locals" (literally, fewer than ten per nation), it's produced elsewhere in the world - in the US, Canada, the EU, NZ, or Australia, typically - because in such countries it's feasible for people to actually make a living creating such content.

    Why do the apologists for the ridiculous "intellectual property" laws always have to go to imaginary scenarios to try to make their case?

    What do you have to smoke that you can quote somebody's post, including the conditions under which it is stted to apply and still completely fail to understand that it is not being stated to apply universally? Are you one of those idiot Americans (I'm a US citizen myself, for the record) who thinks that the USA is the entire world, or are you simply completely deluded?

    Hell, there are artists who got their start by distributing their work on bittorrent sites. Without that "illegal copying" those artists would never have gotten a record contract.

    You can't even construct a logical argument out of your own words, never mind when using anybody else's. If the copyright owner is putting the content online for redistribution, it's hardly "illegal copying" anymore. Copyright law allows for the owner of the copyright to distribute their works however they like.

    --
    There's no place I could be, since I've found Serenity...
  21. Re:Hold up wait what? by tragedy · · Score: 3, Insightful

    Yes, wouldn't it be nice if the DMCA had a sunset provision too? Personally, I think all new laws should have sunset provisions without some sort of actual constitutional amendment-like system to make them permanent. I also think they should need to be read in their entirety, on record in the house and senate before they get to vote on them every time.