Is Jailbreaking my iPhone Legal?
7/28/2010 04:40:00 PM - 1 comments
One FAQ about the iPhone is: “Is it legal to jail break it?” A nonprofit digital rights group by the name of Electronic Frontier Foundation (EFF) provides a clear answer. Jailbreak as well as unlocking iPhone is perfectly legal and does not infringe on copyright law pertinent to new rules set by the Copyright Office.Users have the right to free their iPhone in order to go through with other carriers and install unauthorized applications outside Apple’s App Store.Here is an excerpt from EFF’s announcement:The first of EFF’s three successful requests clarifies the legality of cell phone “jailbreaking” — software modifications that liberate iPhones and other handsets to run applications from sources other than those approved by the phone maker. More than a million iPhone owners are said to have “jailbroken” their handsets in order to change wireless providers or use applications obtained from sources other than Apple’s own iTunes “App Store,” and many more have expressed a desire to do so. But the threat of DMCA liability had previously endangered these customers and alternate applications stores.
In its reasoning in favor of EFF’s jailbreaking exemption, the Copyright Office rejected Apple’s claim that copyright law prevents people from installing unapproved programs on iPhones: “When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses.”
Jailbreaking is the process of freeing iPhone from Apple’s closed environs. Free tools have been developed by hackers to jailbreak iPhones. These include Redsnow, Spirit and Pwnage. iPhone apps outside Apple’s App Store can now be installed to jailbroken iPhones. Jailbreaking likewise enables an iPhone to work with other mobile carriers.
But does Apple allow or approve of such?
Don’t be mistaken. The announcement only clarifies iPhone jailbreak legality. It doesn’t mean that Apple supports or opens up its OS to jailbreaking. Apple came up with a press release declaring that jailbreak voids warranty although it is perfectly legal. This came following EFF’s announce.
Apple states that:
Apple’s goal has always been to insure that our customers have a great experience with their iPhone and we know that jailbreaking can severely degrade the experience. As we’ve said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably.
Jailbreakers nonetheless came out big winners. However, jailbreaking doesn’t mean allowance to download pirated apps onto iPhones. EFF’s announcement maintains that all apps must be legally gotten. You still need to pay for apps no matter what store they come from.
From my personal view, the Jailbroken process was not mainly to get other apps, but to unlock the default carrier. I like this news because after all we all wanted is to choose who do we stay in as phone provider. But now I began to wonder this: If you can choose any carrier you want, therefore iPhones will be "open carrier" devices? If so, there will be no need to JB in the first place, unless you desperately need an specific app not for sale at the app store. Will Apple sell iPhones with no carrier? Will the telephone companies get the specific tools from Apple to enable the company's carrier?
If this "open carrier" devices are allowed, then will be there the chance to buy it from Apple Website or any other place? Will this mean that prices of the device will drop to its truly $299 usd, that once Steve Jobs claimed for the 3Gs on his keynote?
For the developer side, I think the Appstore will continue strong simply because it the perfect sells platform for any developer without the budget of major companies like EA, for example. Selling an app on your own with your website with out this platform will be extremely difficult, so my bet is that many developers will continue to offer their apps on the Appstore. My two cents.