In comments filed with the U.S. Copyright Office as part of the 2009 Digital Millennium Copyright Act (DMCA) triennial rulemaking, jailbreaking the popular iPhone effectively is copyright infringement and a DMCA violation, Apple claims.
The Copyright Office comes together every three years to hear cases for exemption requests, and the Electronic Frontier Foundation (EFF) filed an exemption request seeking exemption for consumers looking to jailbreak the iPhone so it can use independent software not sold through the App Store.
Apple fired back with comments essentially saying jailbreaking "involves infringing uses of the bootloader and OS, the copyrighted works that are protected by the TPMs being circumvented." The company also said "It will destroy the technological protection of Apple's key copyrighted computer programs in the iPhone device itself and of copyrighted content owned by Apple that plays on the iPhone."
Although many phone owners already jailbreak their iPhones, this marks the first time Apple publicly said jailbreaking is illegal. The Cupertino-based company is working to try and stop the proliferation of jailbreaking, and isn't necessarily looking to outright ban jailbreaking -- something it knows it will not be able to realistically accomplish.
The EFF and Apple are now engaged in a back-and-forth war of words, with the EFF saying the following in a press release:
If this sounds like FUD, that's because it is. One need only transpose Apple's arguments to the world of automobiles to recognize their absurdity. Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their Miatas frequently exceed the legal speed limit.
The non-profit group then says, "We'd never accept this corporate paternalism as a justification for welding every car hood shut and imposing legal liability on car buffs tinkering in their garages."
Despite fighting the "good fight" many iPhone owners would likely support, don't be surprised to see if this particular exemption is denied by the Copyright Office in the near future.
quote: but there is nothing below a Mac Pro,
quote: yet again Apple posts another profitable quarter
quote: Keep barking, market realities don't pay attention to you bashers :-P
quote: they are NOT dipping into their reserves
quote: Thanks for playing
quote: Microsoft has been putting its cash to work, whereas Apple has been letting it accumulate
quote: news like this news topic is exactly what's going to stop the rise in iphone sales
quote: Declaring jailbreaking illegal will only affect a few techies who are a minority. hence this won't affect iPhone sales in any noticeable way.
quote: Apples continuing anti-consumer moves are eroding the public's perception of the company
quote: You clearly stated Microsoft is losing money
quote: Mac Pro costs upwards of $3000+
quote: dual-socket option is a nice feature
quote: No, of course not
quote: Your posts contain an alarming quantity of fail.
quote: why would he bother putting OSX on that machine?
quote: Try to assemble same high quality parts PC with Lian Li aluminum case, six quiet thermal controlled fans etc etc, with two socket server mobo on the same chipset as Mac Pro, and Mac OS X license and you'll see that the price will be the same $2300 or about that. Hence your "$1000 point" is moot.
quote: dual socket motherboard is only $250 more than core 17 compatible board for high end workstation board
quote: hacked installer stuff out there but the os was crap
quote: Hacked OS X which you tried to make into Windows? Hehe, that speaks volumes :) Nice try
quote: Are you telling me nothing about this article phases you at all?
quote: now I can see why Apple gets away with it
quote: Because Apple barks instead of biting.
quote: Do you also hand build your cars?
quote: f I could shop for parts quickly on the Internet
quote: Some people still build cars by hand, and they make them better and cheaper than factory made cars. Aren't you ashamed by this, Tom? ;-) You paid extra XYZ thousand bucks for an INFERIOR car! Oh da horror! :)))
quote: Absolutely no one can build a superior car by hand for cheaper than a mass produced models
quote: no one can build a CAR as good as the Chevy Impala by hand as cheap AND as good by hand/kit
quote: There is no middle ground, and that boils my blood
quote: Apple is more concerned with crushing competition, than working on innovative computer technology and options
quote: Now that's pretty stupid. There are no cheap Ferraris or Bugattis, no cheap private airplanes, no cheap diamonds *fixed* etc. Does it boil your blood too? You're really strange.
quote: they have threatend legal action especially with google
quote: I like that -1 on your comment. hahaha :)
quote: Threatening competitors? Neglecting desktop users?! What are you talking about??
quote: The people that write the apps for the jailbreak are the guys that write better programs for the iPhone than apple
quote: I thought they already did with the xna program
quote: their product line-up doesn't meet my needs
quote: it can't be shown its own flaws constructively by its own users?
quote: I can easily build a PC that looks just as beautiful with more power and equal or less money
quote: Apple is merely second rate in the hardware department
quote: There's no reason why Apple couldn't offer a much more diverse line of hardware
quote: and still end up making even more sales
quote: I think the question is "why don't you stop bitching"?
quote: please stop trying
quote: There is no cure for a blow to the head
quote: I have yet to see your opinion change, anywhere, based on someone elses
quote: Apple are overly nannyist with their hardware and software
quote: Their laptops are not even that well put together
quote: Their Operating System is incredibly zipped up
quote: they are doing more to force their standards on people than Microsoft are
quote: they do seem to get away with it within the EU, where MS don't
quote: I know I could build faster and better if I so desired
quote: I hope you don't get ever banned
quote: The benefits to a vertical monopoly are all to the company holding the monopoly, Apple in this case.
quote: The benefits to customers and society as a whole are basically zero.
quote: Nintendo, Sony and Microsoft all limit what can run on their consoles. This benefits them, gamers and developers
quote: A SmartPhone (if you can call the iPhone that) is not the same as an Xbox 360 or PS3... Far from it.
quote: FUCK OFF pirks
quote: benefits to customers and society as a whole are basically zero
quote: WinPC user's
quote: Pirks' ignoring my other points just tells me he agrees with them
quote: The only difference between crapware that used to ship with PCs and the crapware that ships with Macs is that in the case of Macs, it is Apple-branded crapware.
quote: with a PC we can al
quote: Try harder next time
quote: Why do you insist on putting multiple people down?
quote: Apple is by no means innocent of bundling crap with their software
quote: I predict more anti-trust trouble for them in the future as they continue to increase marketshare.
quote: Microsoft bans anyone using a cracked Xbox 360 on Live. According to you, they shouldn't.
quote: Meanwhile modding your iphone has absolutely no effect on others.
quote: Epic made Gears of Wars for the Xbox first, but the PC version had extra content to make it superior
quote: A jailbreak is the act of breaking out of a chroot or jail in UNIX-like operating systems or bypassing digital rights management (DRM). It is a specific form of privilege escalation. In the context of the iPhone, it allows the user to run arbitrarily defined code or applications, bypassing Apple's code distribution mechanism (the iTunes App Store and the iTunes Application). The iPhone and iPod touch have repeatedly been subject to jailbreaks, allowing the execution of arbitrary code, but have had those jailbreaks disabled by vendor updates.  The iPod Touch/iPhone hacking community however, responds to the newest vendor updates by creating new ways to enable third party apps almost immediately. The popularity of iPhone jailbreaking in turn popularized the term "jailbreak": for example, in early 2009, more Google-indexed Web pages mention the word in relation to the iPhone (3,140,000) than in any other context (e.g. prison escapes) (2,230,000). According to archive.org, the first DRM-related definition of the term jailbreak was added to the "Urban Dictionary" in December 2007 and referenced the recently released iPhone. Jailbreaking is distinct from "unlocking". Unlocking is the process by which a mobile device is made compatible with telephone networks it was not specifically licensed to be used with.
quote: I paid good money for the hardware, I expect to be able to use it in any way I see fit.
quote: It's anti competetive...
quote: at the same time I wouldn't be that successful either