As far as I can tell, Jailbreaking does not void the warranty of an iPod

Discussion in 'iPod touch' started by J Paul, Apr 24, 2008.

  1. J Paul

    J Paul New Member

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    I previously typed this in a separate thread as a reply. However, I thought that, with modification to the post, it would be more suited to it's own thread for discussion

    With all of the posts saying that jailbreaking voids your warranty, I wanted to see if there was any validity to that statement.

    Before I get into that, however, I want to point out a bit of a f***-up regarding semantics

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    :

    While perusing through the EULA to which you unwillingly and fully agree by using the iPod Touch, I found this:

    11. Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

    In other words, this agreement will be enforced under laws of California. Don't live in California? Then don't worry about what Apple decides for you within their EULA, because if you wish to do so, you can cite laws of whatever country/state you live in that's not California.

    More from the EULA (getting into the actual jailbreak/warranty situation):

    6. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iPod touch Software and iPod touch Software Updates.

    Alright, so if I fail to comply and I live in California, then I have to... stop using the software? Uhh... no. There's no way to do this; it's not legally enforceable. There is no current way to load any software other than the standard version of OSX onto the Touch. Until there is, there is no possible way to enforce this via any legality or licensing agreement. It would be different if this were a normal PC, onto which you can install any OS, like Linux or some such (if your license to Windows or OSX had run out), but this isn't the case. Also, in accordance with the section previously mentioned, section 11, since this section is unenforceable, it is null and void.

    Anyway, here's where we really start getting into the section that confuses people the most. It's the section that gets into the bread and butter of modification of the Software (and termination of licensing agreements mentioned therein):

    2. Permitted License Uses and Restrictions
    (a) This License allows you to use the iPod touch Software on a single Apple-labeled iPod touch. This License does not allow the iPod touch Software to exist on more than one Apple-labeled iPod touch at a time, and you may not distribute or make the iPod touch Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the iPod touch. Some of those rights are available under a separate license from Apple. For more information, please email madeforipod@apple.com.
    (b) With respect to updates to the iPod touch Software and system restore software that Apple may make available for download (“iPod touch Software Updates”), this License allows you to download the iPod touch Software Updates to update or restore the software on any iPod touch that you own or control. This License does not allow you to update or restore iPod touchs that you do not control or own, and you may not distribute or make the iPod touch Software Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the iPod touch Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
    (c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the iPod touch Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iPod touch Software, iPod touch Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Apple and its licensors of the iPod touch Software and iPod touch Software Updates. If you breach this restriction, you may be subject to prosecution and damages.
    (d) By storing content on your iPod touch you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightsholder. The iPod touch Software and iPod touch Software Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. THE IPOD TOUCH SOFTWARE AND IPOD TOUCH SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE IPOD TOUCH SOFTWARE OR IPOD TOUCH SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

    Alright, let's go through this, shall we?

    Alright, no problems there. That makes perfect sense. It's your license, you're perfectly obligated to say that. Every EULA has this in it; Windows XP's, Vista's, Leopard's, etc.

    Alright, so as long as I don't rip the damn multitouch screen out and use it to code a new application, I'm good? Well, no-one's going to do that. That'd be a wasteful use of a brand new ipod touch. And that also means that I can't modify a dock connector if I am using said modifications made in the development of a thrid party application. Alright, that's cool, no problems here.

    Same sh*t from before. Alright, we get it, we only get to have a few copies. Sheesh.

    Okay, this is the one that confuses most; This means that you cannot modify the operating system or the boot ROM or anything of that nature. This does not apply to unlocking the filesystem (a requirement of jailbreaking) or adding applications that run on that OS. Jailbreaking doesn't break the warranty so far, huh? Actually, that's the end of any confusion on Jailbreaking, so let's just say that jailbreaking doesn't void the warranty at all. However, I'll probably be scolded for not going through the rest of the thing, so let's go through this next section anyway just for redundancy:

    (continued in next post, as I breached the character limit with this post)
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  2. J Paul

    J Paul New Member

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    In continuation of the above post:

    OH sh*t. Now, it looks like you don't even have to worry about jailbreaking voiding your warranty, as it doesn't. Now, you have to worry about the fact that you may be inadvertantly breaking the law by making a digital copy of your music. sh*t sh*t sh*t, I'M SORRY, RIAA. Also, don't operate nukes with it.

    So, that's the warranty/license/EULA in a nutshell. No voided warrantees, no illegal actions, etc. You're perfectly fine by jailbreaking. Your warranty, and the license agreement to which you expressedly agree by using the iPod Touch, is remains fully intact, until you break this agreement by disassembling the software, deriving source code from it, etc, and you should never have to do that, if you don't develop applications for the iPod.

    If I am wrong about any of the above, or if I have simply misinterpreted anything, I sincerely ask you to correct me so that I may be better informed on the subject of which I speak. It does no good to simply tell a man he is wrong, but it does all the good in the world to help him fix the problem. If this needs to be moved to another section, please do so, and I apologize for the inconvenience. I just figured it would fit best in the 'iPod Touch General' section since it not only applies to the situation of Jailbreaking, but also the the EULA itself and all stated therein.
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  3. iTouch532

    iTouch532 Well-Known Member

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    Great piece of Info! Thanks a lot!

    You've been Repped. +1
  4. awal

    awal Well-Known Member

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    Well, looks like all the people who were afraid to jailbreak their iPods don't have a reason to be now, do they? +rep

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  5. J Paul

    J Paul New Member

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    Well, all in all, even if they were worried about being void of warranty, they could always just restore through iTunes, effectively making any voids superfluous.

    So there was never any reason to worry in the first place. Now, of course, if they introduce a new feature in firmware 1.2 that reports your serial number to Apple if the device is found to be jailbroken, then there will be something to worry about. Your warranty may not be void, but Apple can expressedly deny service to you if they change the license agreement to suit this new protocol, stating that any reported serial number is to be blacklisted.

    I doubt they would do something like that though, as that could potentially result in a class action lawsuit against them.
  6. TSOnTheDrums8892

    TSOnTheDrums8892 New Member

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    Wow, this is amazing...

    I'm really impressed you took the time to research all of this and compile it.

    Nice job, added rep...
  7. BroadStBullies

    BroadStBullies Well-Known Member

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    great thread. must of taken a lot of work. +1 rep
  8. J Paul

    J Paul New Member

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    I got this as a positive rep from someone.

    What the hell? I mean, come on people. I had much more confidence in this community to be intelligent and thoughtful, but this is what I get? I mean seriously people, I would be embarrassed if that was me.

    I mean, don't get me wrong, I appreciate the positive comment, but damn, that just doesn't sit well with my confidence in the integrity of this community.
  9. Unknown-Guy

    Unknown-Guy New Member

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    That would be me, but dont get me wrong, I was busy at the time, so I repped u for ur obvious hard work, and subscribed to ur thread. Now i have found some time to read it throughly, and I did, and Id rep u again, because it was very well done. And also very informative.
  10. J Paul

    J Paul New Member

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    Oh. Well, that makes sense. I thought you were just lazy or something, but if you genuinely were busy, that isn't necessarily bad. Sorry to have misunderstood.

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