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Legalized Jailbreaking Still Has Consequences

7/28/2010 07:27:00 PM - 0 comments
Millions of iPhone users won the right to legally gain full and better control of their phones with the recent ruling of the Copyright Office favoring jailbreaking or phone unlocking. The Copyright Office debunked Apple’s claim that the copyright law warrants against unapproved installation of programs on iPhones.

In its reasoning in favor of the Electronic Frontier Foundation’s (EFF) motion for jailbreaking exemption, the Copyright Office said: “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.”

What is Jailbreaking?

Just a note for those unfamiliar with jailbreaking -- it is a software modification or process that allows iPhones and other handsets to use applications other than those approved by the phone maker. A jailbroken iPhone can also install iPhone apps outside of Apple’s App Store. It also unlocks the iPhone making it work with any mobile phone provider or company.

The Consequences

Victorious as iPhone users might be, this privilege has its limits. The legalization of jailbreaking doesn’t mean that Apple has to open its OS or support jailbreaking. It doesn’t also authorize iPhone users to download pirated apps. This means that all applications should be obtained from legal sources. Use of pirated applications will surely have its corresponding sanctions.

In its official response to the Digital Millennium Copyright Act (DMCA) exception, Apple’s PR department said:

“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.”

Aside from a void warranty from Apple, there have also been reports that jailbroken iPhones often do not get honored by distributors despite obvious physical defects on the phone. iPhone users will also have to suffer the consequences of any malfunctions or low performances in their phones due to jailbreaks.

For iPhone users who would like to keep their phones intact, they could opt to have their phones unlocked later on. AT&T offers unlocking codes to its long time users for almost every device in their lineup, except the most popular ones. With the legalization of jailbreaking, it is hoped that it’ll also offer unlocking codes to iPhones soon.

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