US Government Declares iPhone Jailbreaking Legal

John Funk

U.N. Owen Was Him?
Dec 20, 2005
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US Government Declares iPhone Jailbreaking Legal



If you own an iPhone and want to "jailbreak" it in order to install non-Apple-certified applications, good news - it's now considered perfectly legal, according to the United States government.

The 1998 Digital Millennium Copyright Act was hailed as a victory by entertainment industry representatives and hailed as a nightmare by anyone who hates DRM. In a broad and vaguely-defined nutshell, the DMCA essentially made it illegal to circumvent digital protection on various forms of media. Now, however, it seems that the US government may be easing up on the act ... if only slightly.

On Monday, the US Copyright Office released a list [http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html] of six "classes of works" that breached DRM but were still considered lawful under the DMCA. Included in the ruling were applications that removed restrictions placed on mobile devices like the iPhone - so according to the US government, "jailbreaking" your iPhone to install apps that haven't been sanctioned by Apple is now completely legit. Of course, this only applies to legal software - piracy is still as much of a no-no as it's ever been.

Apple calls jailbreaking an "unauthorized modification of its software," and has in the past released iPhone updates that render jailbroken phones inoperable. The new ruling will not stop the mobile giant from doing so in the future, reports the AP [http://news.yahoo.com/s/ap/20100726/ap_on_hi_te/us_tec_digital_copyright]. Moreover, an Apple representative pointed out that jailbreaking an iPhone voided the warranty, and claimed that it could "severely degrade the experience" by making the phone unreliable and unstable.

Still, whatever Apple says, you can now do whatever you want on your phone (as long as the software is legal) and the US gub'mint won't stop you.

The ruling also said that it was legal to crack DRM on computer and videogames, provided that it was for the purpose of "testing for, investigating, or correcting security flaws or vulnerabilities." In other words, if your new DRM makes a user's computer vulnerable to attacks, it's fair game for people to breach it.

It's a small and situational win for anti-DRM advocates, but a win nonetheless, no?

(Edge [http://www.next-gen.biz/news/us-govt-says-iphone-jailbreaking-is-now-legal])

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Chamale

New member
Sep 9, 2009
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You buy it, do what you want with it. I'm glad the government understands that today, though not all days.
 

Wolfy4226

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Sep 22, 2009
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Don't worry, buddy..it'll get overturned once the government sees the big check Apple will write for them. :D
 

Jamash

Top Todger
Jun 25, 2008
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John Funk said:
The ruling also said that it was legal to crack DRM on computer and videogames, provided that it was for the purpose of "testing for, investigating, or correcting security flaws or vulnerabilities." In other words, if your new DRM makes a user's computer vulnerable to attacks, it's fair game for people to breach it.
How tenuous is that definition of "vulnerabilities"?

Could one argue that having a Steam account makes you vulnerable to having that account hacked, therefore it would be perfectly legal to crack your games to run without Steam?

On an unrelated note, what bearing, if any, will this new ruling have on Sony's 'Other OS' court case? Could this new legal precedent be used by either side to support their case?
 

Ze_Reaper_Of_Zeath

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Feb 20, 2010
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Lol......I'm sure Apple will soon bribe them with a nice fat check, presumbly with 6 zeros....

EDIT: Freakin Ninja'd 3 times this week
 

PedroSteckecilo

Mexican Fugitive
Feb 7, 2008
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Amusement, from what I can tell this "effectively" makes cracking DRM legal... as long as you legally own the product as you can claim to be "investigating" for security flaws and it'd be hard to prove otherwise. Does still leave piracy, distribution of cracks etc. illegal, which is okay I guess.
 

Loonerinoes

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Apr 9, 2009
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I wonder...how many other companies other than Apple happen to be affected by this, if any at all? If not conspiracy theory abounds that Microsoft was not wasting their cash as was supposed. Then again, who else but Apple has the monopoly on hanhelds the way they do?

But meh...maybe I'm just being paranoid at this point. Pressure being placed on, or even outright bribery, of the DMCA law-makers is easy to just throw around to be hip, but always difficult to prove so...for now I take this as good news.
 

garfoldsomeoneelse

Charming, But Stupid
Mar 22, 2009
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Well, that's good news for anyone that bought an iPhone, because Apple is notorious for trying to go through legal channels to make it impossible to use their hardware for anything other than what they can profit from.

Also, the ruling on cracking DRM is just plain awesome.
 

BlueHighwind

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Jan 24, 2010
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I guess Obama likes to crack open his electronics as much as anybody else.

...Even so by the time you figure out how to turn your iPhone into a microwave oven, a new model will come along making your entire effort completely pointless.
 
Apr 28, 2008
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Well, it may be a small win. But baby steps people, baby steps.

And hey, developers, if you don't want people cracking your DRM, how about you make it so it doesn't punish consumers for buying the game legit?
 

squid5580

Elite Member
Feb 20, 2008
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I would be more worried about Apple killing the phone than the FBI busting down my door.
 

Jark212

Certified Deviant
Jul 17, 2008
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Apparently Apple's armies of lawyers couldn't lobby their way out of this one...
 

Jared

The British Paladin
Jul 14, 2009
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I wonder how apple will respond? Thats pretty awesome though! Heh