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View Full Version : Is jailbreaking a iphone illegal?



Gazer
15-02-2009, 02:15 PM
There has been a good amount of talk lately about the legality of the jailbreak process. Originally, this stemmed from the loose (but somehow prevalent) connection between JBing and pirating software. Apple has now issued a statement labeling the jailbreak process as a violation of the DMCA.

This is, in a word, absurd, and I feel the need to clear the air with a couple of known facts.

1) Courts have long upheld the notion that software modification as a means of reverse engineering to foster interoperability with related systems is not a valid offense or violation of the DMCA.

2) Neither PwnageTool, nor any preceding tool, nor any related tool distributes any copyrighted material.

3) Under fair use laws, you are allowed to modify and/or copy most copyrighted material SO LONG AS you do not distribute it.

Apple can bluff all they want, but facts are facts, and even Jobs doesn't have the power to completely rewrite copyright law. If Apple had a case, they would have brought this up months/years ago. It is obvious that they are running out of tools to keep the community out, so they're just grasping for straws.

However, one other point should be noted.

4) Piracy, less commonly but more accurately known as theft of software, is illegal. Under no warped interpretation of copyright law, morality, or common sense are you allowed to take that which is not rightfully yours, so don't do it.

*the preceding post should not be interpreted as professional legal advice.

pande_monium
19-02-2009, 03:27 PM
However, Apple can, and will, use this to refuse warranty fills. Think that's the basic intention in the first place... to stop people from claiming on warranty in case things go wrong.