Apple: iPhone Jailbreak hack violates the law

Discussion in 'iPod touch' started by bjlock, Feb 13, 2009.

  1. bjlock

    bjlock Member

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    February 13, 2009 (Computerworld) Hacking an iPhone is against the law, Apple Inc. has argued in comments filed with the U.S. Copyright Office.

    According to the Electronic Frontier Foundation (EFF), a freedom-of-speech advocacy organization, this is the first public statement from Apple about its legal position on "jailbreaking," the term used to describe hacking an iPhone to install third-party applications not sold via Apple's own App Store.

    In comments submitted to the Copyright Office, Apple said jailbreaking was a violation of copyright laws. "Current jailbreak techniques now in widespread use [utilizes] unauthorized modification to the copyrighted bootloader and OS, resulting in infringement of the copyright in those programs," Apple said. The iPhone's bootloader is a small program stored in the phone's nonvolatile memory that, as its name implies, loads the device's operating system.

    Jailbreaking an iPhone breaks the law, Apple said, because the process relies on pirated copies of the bootloader and operating system.

    "Infringing reproductions of those works are created each time they are downloaded through Pwnage Tool and loaded onto the iPhone," said Apple, referring to one of the most popular jailbreaking tools. Created by a group calling themselves the "iPhone Dev Team," Pwnage Tool traces its history to September 2007, when the programmers unlocked the first-generation iPhone.

    And iPhone hacking leads to even more piracy, Apple argued. "In addition, the jailbroken OS enabled pirated copies of Apple copyrighted content and other third-party content such as games and applications to play on the iPhone, resulting in further infringing uses of copyrighted works and diminished incentive to create those works in the first place."

    Apple's written comments (download PDF) to the Copyright Office were in response to the EFF's request last year for an exemption to the Digital Millennium Copyright Act (DMCA) for cell phone jailbreaking. The EFF, and other technology companies that support it, including Firefox maker Mozilla Corp., want the Copyright Office to let users install applications not available through Apple's App Store on their iPhones without fear of copyright infringement penalties.

    Yesterday, Fred von Lohmann, an EFF senior staff attorney who is the organization's expert in intellectual property law, blasted Apple.

    "Apple justifies [its position] by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability and swing the doors wide for those who want to run pirated software," said Lohmann in an entry posted to an EFF blog. "If this sounds like FUD [fear, uncertainty and doubt], that's because it is."

    Elsewhere, Lohmann called Apple's take on jailbreaking an "absurdity."

    "One need only transpose Apple's arguments to the world of automobiles to recognize their absurdity," Lohmann said. "General Motors might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. But 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."
    In the original EFF request (download PDF) for a DMCA exemption, Lohmann argued that "there is no copyrighted rationale for preventing iPhone owners from 'jailbreaking' their phones, enabling them to interoperate with applications lawfully obtained from a source of their own choosing."

    For its part, Apple sees the EFF's moves as an attempt to tell it how to run its business. "EFF apparently desires to use the rulemaking process to alter Apple's business practices by negating DMCA protection for technologies that interfere with what the EFF seems to assume would be a more socially desirable business model that is more 'open,'" the company said.

    "Its arguments really amount to an attack on Apple's business choices," said Apple.


    Source: http://computerworld.com/action/art...articleId=9127978&taxonomyId=144&pageNumber=2
  2. Teslanaut

    Teslanaut Well-Known Member

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    Hello #5. You are the [5th] person to post the same thing. Thank you for participating.
  3. Axis

    Axis Super Moderator Staff Member

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    I now its tough to keep track of, but this has been posted a few times already.
  4. ZombieKiller

    ZombieKiller Banned

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    Like anyone here cares anyways.
  5. bjlock

    bjlock Member

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    yea, haha sorry bout this, thought it was gonna be big, sorry, mods please delete
  6. Make It sn0w

    Make It sn0w Banned

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    That's Apple for ya'. They supply the fun and then RIP it from you. I hope they go through a lot of trouble passing this, because this is not just some 'easy come, easy go' situation. People did work hard, and took a lot of time out of there already busy scheduels (I can just imagine). They're mad because we defeated them. 1st generation Ipod Touch: Succesfully defeated. 2nd generation Ipod Touch: They tried to stop us, but alas, succesfully defeated. And to think, people like Arix, a fourteen year old boy, could get passed Apple's sinuous obsticals and complications (although he was not alone). Now, in their own right, it's Apple's fault that they couldn't stop us, because the Ipod Touch community, is apparently too smart for a multi-BILLION dollar company like Apple. So a message to Steve Jobs and the rest of the Apple professionere's:

    Looks like it's time for an 'Apple Ipod Touch 3rd Generation'...

    ...And i hope they realize that. Not ONLY that but I hope they also realize that as a team, they can't beat us. And now, they have to accept that.

    Think about that...
  7. Teslanaut

    Teslanaut Well-Known Member

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    Apps, videos, internet, music: Those aren't fun too?
    And Apple's people didn't work hard creating and designing the hardware and software?
    That or they're tired of people pirating their software? Or the developers of the iPhone OS hate people messing with their stuff? I mean, how would you like it if something you put time and energy to create was just picked apart and messed with? Its natural for someone to defend their own stuff when its being messed with.
    How long has it been since the iPod Touch 2G has been released until it was finally Jailbroken? And even at that, its not a perfect Jailbreak. Nothing is invulnerable to being hacked. It just takes lots of time and effort.
  8. milkman

    milkman New Member

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    now iptf should prohibit talking about all jailbreaks then cuase the prohibit warez
  9. Make It sn0w

    Make It sn0w Banned

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    1. apps music and video obviously makes the ipod, and never once did i say i dont appreciate them for that.

    2. it's quite obvious that they did, but alls im saying is that they have failed to stop us from creating our own software, and using it to our advantage.

    3. i wouldn't like people messing with my stuff but I wouldn't be able to stop them. passing that law isn't gonna stop many people from still doing it. people shoplift, rob, murder, and they know the consequences, which are they will probably get caught. but with technology these days, something as small as this is gonna be hard to track. just think of the limewire scheme. how many people out of how many people have been arrested?

    4. ur right. nothing is invulnerable to being hacked, and thats why Apple has to get over it. And the time and effort both sides put in is greatly appreciated. And passing that law isn't going to stop people from trying other things. just wait until the new gens of ipod touches and iphones comes out, what a frenzy that will be.

    All in all, i think neither of us are wrong.
  10. Teslanaut

    Teslanaut Well-Known Member

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    You seem to make it that Jailbreaking is the only way to make the device "Fun"

    Uhh, sounds more like software was created to build off of Apple's current software.

    Quite a lot of people actually. And they've been sued into high hell, losing everything. Do you know how easy it is to find someone on Limewire? Hint: Right Click.

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