iPad Jailbreaking is Illegal?

Discussion in 'iPad Hacking' started by Bob Maxey, Apr 27, 2011.

  1. Bob Maxey

    Bob Maxey
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    Been doing a little essential research and I have arrived at a conclusion or two. And a question. No flameers need apply; a little information will be greatly recieved.

    The recent DCMA exception we all know and love specifically refers to wireless phones. The iPad was released after the EFF petitioned the U.S. Government to allow jailbreaking under the DMCA. The iPad-jailbreak exemption will not be considered until late 2011 when the Office begins accepting petitions for the next round of reviews.

    So can anypone point to some further reading material?

    Bob
     
  2. NumbLock

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    Totally legal:

    "Under the DMCA of 2010, jailbreaking is legal in the United States, although Apple has announced that the practice "can violate the warranty."[1] It is also legal in many other countries including those of the EU. However, the jailbreaking process does not include any modification to the hardware, so it can be quickly and easily reversed simply by restoring the operating system through iTunes. Cydia creator Jay Freeman estimates that more than 10% of all iPhones are jailbroken.[2]"

    Source
     
  3. Bob Maxey

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    It is not a problem for me. The rules--whatever they may be--mean nothing to me, for I be a scurrilous and lawless man set in his ways. I won't bother you with the reasons I JB, you likely know them and share many of the same reasons as I do. I will continue my lawless nature.

    Smiley

    But . . .

    As I have said, I have been furiously reading, and much of what I come across in this specific case--iPads and JBs--tell me the ruling does not specifically apply to iPads. It DOES apply to iPhones, this I know.

    But not specifically to iPads.

    I feel this will be addressed in the next few years or a SCOTUS case will decide it, or Apple will simply accept the simple fact:

    Apple has bee Pwned. Come get me, Apple. Warning, I tend to bite. Smiley.

    But, for iPads being specifically addressed in the ruling you quote in part above, the situation is still in the air.

    Bob
     
  4. f4780y

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    Bob, attached is a link to the specific amendment that was made in the USA. As you will see it is nothing to do with Apple specifically. It applies to any device you own.

    http://www.copyright.gov/fedreg/2006/71fr68472.pdf

    The summary is "...the Register of Copyrights recommends that the Librarian of Congress publish the six classes of copyrighted works designated above, so that the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of those particular classes of works."

    In other words, you are free to modify a device you own provided you are not infringing copyright. And that is what jailbreaking does. However, because piracy is infringing copyright, that remains illegal.
     
  5. Bob Maxey

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    Appreciated, but I saw that.

    And Apple contends the same thing, by the way. And others cite other laws that seem to indicate that the issue of IP violations is not so clear cut. It is very complicated and I think we will need to wait until October so the long convoluted pros and cons are sorted out.

    I'll still do it and recommend it, but some the reason I am researching something I have already decided to ignore are for certain people that are naturally interested in facts and hard data.

    This is interesting to consider:

    http://www.eff.org/files/filenode/dmca_2009/RM-2008-8.pdf

    Keep the data flowing, gang.

    Bob
     
  6. graywolf

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    Ooh... Good point. But like f4780y said, it applies to any device you have.
     
  7. Kabona

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    This why geohot is being taken to court by sony. It is legal to jailbreak smartphones, sony is trying sue geohot because legislation only states that it is legal for smartphones. Sony is using the excuse thay the ps3 is not a smartphone. Geohot is fightimg it with the excuse "whats the difference, they are both enclosed electronics, which you own". Im assuming the same fight is going to be for the ipad bedause apple will probably use the "its not a smartphone" also.

    At the end of the day....court will probably rule in our favour for this one also.

    (watched an interview with geohot on tv the other day)
     
  8. brrip

    brrip
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    this case has already been settled. it ended (supposedly) with no money changing hands, just that geohot is to stay the hell away from the ps3.
     
  9. OUTL4W

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    Yeah..And because Sony won the case is why psn is down. Some other hackers took offense and launched an all out blitz on psn...and now going on 7days that psn is down will cost them millions if not billions. They are rewriting the entire system.
     
  10. brrip

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    I think the geohot case was just a trigger point. this frustration among hackers has been going on since sony took away linux from the PS3. it still baffles me how they got away with that one. I can't believe Sony is playing the cat and mouse games.

    Everything is available hacked today. Does that mean that the bulk of users use it? Probably not. Sure, an un-hacked system theoretically attracts devs, but today's devs code for things like homebrew and jailbreak apps too, so it's driving them away at the same time.
     

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