EFF working to keep iPhone, iPad 'jailbreaking' legal in US
The Electronic Frontier Foundation this week reached out to members of the public, asking them to help protect the act of jailbreaking, in which users can hack their iPhone or iPad to run unauthorized code. Up until now, jailbreaking has been legal through exemptions in the DMCA, but that exemption is set to expire this year.
"The DMCA is supposed to block copyright infringement, but it's been misused to threaten tinkerers and users who just want to make their devices more secure and more functional," said EFF Senior Staff Attorney Marcia Hofmann. "The U.S. Copyright Office should hear from concerned Americans who want to run software of their choice on the gadgets of their choice."
The EFF helped to ensure that jailbreaking was granted an exemption in the DMCA in 2010, but this year the group wants to expand it to specifically cover tablets and videogame systems through its "Jailbreaking is Not a Crime" campaign at jailbreakingisnotacrime.org.
The term jailbreaking usually refers to hacking Apple's iOS devices in order to run software not approved by Apple. But the EFF's campaign uses jailbreaking as a blanket term for hacking all devices, regardless of platform.
Every few years, the Library of Congress' Copyright Office authorizes exemptions to ensure existing law does not prevent non-infringing use of copyrighted material. Two years ago, the office officially ruled that jailbreaking is an acceptable practice, though it still voids Apple's product warranties.
Through jailbreaking, hackers have created their own custom applications which are available from an alternative storefront known as Cydia, similar to Apple's official App Store for iOS. There are many free and paid applications available on Cydia that allow users to install custom tweaks, user interface themes and various pieces of software that does not comply with Apple's iOS developer agreement.
While jailbreaking itself is not illegal, the process can be used to pirate software from the App Store, which is against the law. Concern over piracy is one of the main reasons Apple has fought the practice of jailbreaking.
To keep jailbreaking legal, the EFF has asked that supporters sign a letter written by author and hacker Andrew "bunnie" Huang, an MIT graduate who wrote the 2003 book "Hacking the Xbox: An Introduction to Reverse Engineering." Huang's letter advocates for expanded jailbreaking exemptions to protect "security researchers and other tinkerers and innovators."
68 Comments
... While jailbreaking itself is not illegal, the process can be used to pirate software from the App Store, which is against the law. ...
Just to be picky and because it's constantly being misrepresented, Jailbreaking is not "legal."
The wording is that it's illegal is the purpose you jailbreak for is itself illegal, so in the example above. It's not that you are using a "legal process" to do an illegal thing (if you are pirating apps), it's that the act of jail breaking itself becomes illegal if you use it to pirate apps. It's a small but important difference. It's not blankly legal to jailbreak your device, it depends upon your intention.
Jailbreaking is also illegal if it's used to port Siri to a device that Apple doesn't want you to use Siri on for example. Jailbreaking is illegal if you want to use it to install an app that itself does an illegal thing like tracking apps, various hacks etc.
When tech sites state that "jail breaking is legal" and then in one of their articles direct someone to a jail breaking site, they are actually breaking the law if said site does any of these things (or similar) or promotes any one of these things (or similar things).
Since many of these sites contain apps that would be technically illegal or links to sites that do illegal things, it would really be best if you guys stopped posting articles with such links to Cydia etc., and stop passing around the false idea that jailbreaking is 100% legal all the time. Since the majority of jail breakers would be using such apps or doing such things ... jailbreaking *is* actually still a crime in most cases.
Apple fans should be against "jailbreaking".
It hurts Apple's bottom line.
Restricting the users freedom is the way to go.
Just to be picky and because it's constantly being misrepresented, Jailbreaking is not "legal."
The wording is that it's illegal is the purpose you jailbreak for is itself illegal, so in the example above. It's not that you are using a "legal process" to do an illegal thing (if you are pirating apps), it's that the act of jail breaking itself becomes illegal if you use it to pirate apps. It's a small but important difference. It's not blankly legal to jailbreak your device, it depends upon your intention.
Jailbreaking is also illegal if it's used to port Siri to a device that Apple doesn't want you to use Siri on for example. Jailbreaking is illegal if you want to use it to install an app that itself does an illegal thing like tracking apps, various hacks etc.
When tech sites state that "jail breaking is legal" and then in one of their articles direct someone to a jail breaking site, they are actually breaking the law if said site does any of these things (or similar) or promotes any one of these things (or similar things).
Since many of these sites contain apps that would be technically illegal or links to sites that do illegal things, it would really be best if you guys stopped posting articles with such links to Cydia etc., and stop passing around the false idea that jailbreaking is 100% legal all the time. Since the majority of jail breakers would be using such apps or doing such things ... jailbreaking *is* actually still a crime in most cases.
You can do whatever you want with a device that you bought with your own money. No manufacturer has the right to say anything about it. They will only state that you lost your warranty and have a nice day.
However, if you intend to profit from the act of "jailbreaking" or use it with malicious intent, then that moves you into the "illegal" realm.
Since many of these sites contain apps that would be technically illegal or links to sites that do illegal things, it would really be best if you guys stopped posting articles with such links to Cydia etc., and stop passing around the false idea that jailbreaking is 100% legal all the time. Since the majority of jail breakers would be using such apps or doing such things ... jailbreaking *is* actually still a crime in most cases.
Speak for yourself. I jailbreaked my iPad just to upgrade the interface with apps like Full Screen Safari and Five Row Keyboard, among others.
Incidentally, the link on EFF to jailbreakingisnotacrime.org doesn't seem to be working, wonder if the site has been overwhelmed or hacked.
You can do whatever you want with a device that you bought with your own money.
Except illegal crap, yep.
?wonder if the site has been overwhelmed or hacked.
Apple fans should be against "jailbreaking".
It hurts Apple's bottom line.
I don't think it does hurt their bottom line. I have never jailbroken an iOS device but in Latin America it is the only way people of limited means can get an iPhone. The old iPhones that get sold on craigslist and ebay go straight overseas to be jailbroked and used on a pay as you go sim card. 90% of the people in these regions use only pay as you go sims for which Apple does not sell any devices. I think jailbreaking in this situation actually helps spread the Apple culture and good will to many foreign countries.