Legal or not?

Discussion in 'iPad Hacking' started by mdholm, Apr 22, 2013.

  1. mdholm
    Offline

    mdholm iPad Fan

    Joined:
    Mar 2, 2012
    Messages:
    264
    Thanks Received:
    10
    Trophy Points:
    0
    Location:
    United States
    Ratings:
    +10 / 0
    Is it illegal to jailbreak an idevice? A friend and I are arguing about this; she says that a new law went into effect at the beginning of the year that makes it illegal. I'm thinking about doing it, but not if its wrong.
  2. willerz2
    Offline

    willerz2 iPad Addict

    Joined:
    Feb 22, 2012
    Messages:
    1,281
    Thanks Received:
    238
    Trophy Points:
    63
    Location:
    New York
    Ratings:
    +258 / 0
    It's controversial to put it one way, but it's legal. The renewal of the DMCA last year did not particular say that tablets did not fall under the legal category, but since it doesn't specifically say it, it's legal is what the argument is. So yes, it's technically and judicially legal to jailbreak your device.
  3. mdholm
    Offline

    mdholm iPad Fan

    Joined:
    Mar 2, 2012
    Messages:
    264
    Thanks Received:
    10
    Trophy Points:
    0
    Location:
    United States
    Ratings:
    +10 / 0
    What about iPhones?
  4. scifan57
    Online

    scifan57 Super Moderator Staff Member

    Joined:
    Dec 3, 2011
    Messages:
    20,553
    Thanks Received:
    2,424
    Trophy Points:
    113
    Location:
    Regina,Canada
    Ratings:
    +2,858 / 1
    They have a specific exemption that makes it legal to jailbreak them.
  5. mdholm
    Offline

    mdholm iPad Fan

    Joined:
    Mar 2, 2012
    Messages:
    264
    Thanks Received:
    10
    Trophy Points:
    0
    Location:
    United States
    Ratings:
    +10 / 0
    Can you (or anyone) point me towards a link or something that discusses the legalities of this? My friend says its illegal AND immoral; I would like to do it but don't want to do something that is ethically wrong. Is there a discussion here on this subject?
  6. willerz2
    Offline

    willerz2 iPad Addict

    Joined:
    Feb 22, 2012
    Messages:
    1,281
    Thanks Received:
    238
    Trophy Points:
    63
    Location:
    New York
    Ratings:
    +258 / 0
    iOS jailbreaking - Wikipedia, the free encyclopedia

    Nothing immoral about it. The only "bad thing" that happens from jailbreaking is that it voids your Apple warranty, and that's easily remedied by restoring a fresh copy of iOS onto your device.

    One example from the DMCA would be

    http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Anti-circumvention_exemptions
    Last edited: Apr 22, 2013
  7. jwjohnson
    Offline

    jwjohnson iPF Novice

    Joined:
    Jan 21, 2012
    Messages:
    90
    Thanks Received:
    3
    Trophy Points:
    0
    Ratings:
    +3 / 0
    I wonder if your friend is confusing jail breaking with pirating apps? Jail breaking is not illegal, immoral or unethical, but piracy is certainly all three of those.
  8. gresh14
    Offline

    gresh14 iPad Enthusiast

    Joined:
    Jan 26, 2012
    Messages:
    389
    Thanks Received:
    7
    Trophy Points:
    18
    Ratings:
    +7 / 0
    maybe she is thinking of "unlocking" and not jailbreaking?
  9. willerz2
    Offline

    willerz2 iPad Addict

    Joined:
    Feb 22, 2012
    Messages:
    1,281
    Thanks Received:
    238
    Trophy Points:
    63
    Location:
    New York
    Ratings:
    +258 / 0
    That might be the point of contention. Often times unlocking and jailbreaking are confused
  10. mdholm
    Offline

    mdholm iPad Fan

    Joined:
    Mar 2, 2012
    Messages:
    264
    Thanks Received:
    10
    Trophy Points:
    0
    Location:
    United States
    Ratings:
    +10 / 0
    I asked her all those questions. I explained that jail breaking is legal and that I don't pirate apps. If I get a new app I pay for it. I explained the difference between jail dealing and unlocking. She says the laws were changed this year and it IS illegal. And even if its not Apple doesn't condone it so that make it unethical in here eyes.
  11. KevinJS
    Offline

    KevinJS Super Moderator Staff Member

    Joined:
    Aug 6, 2011
    Messages:
    10,261
    Thanks Received:
    763
    Trophy Points:
    113
    Location:
    Edmonton AB Canada
    Ratings:
    +865 / 0
    Apple sell you an iPad. At the price they charge for them, they shouldn't be making any decisions about how you use it. Perhaps it's Apple who are being unethical by locking down iOS so tight that it's next to impossible to hack? I will not buy my ethics system from Apple, or any other manufacturer of consumer electronics. They've all lost enough lawsuits to tell me that their own methods are far from ethical.

    AFAIK, iPads are not carrier-locked. iPhones are, usually, because you get them at a subsidized price, and the carrier wants to make sure they get their outstanding cash back. It is illegal to unlock an iPhone that's still in contract. That was the law that changed.
  12. mdholm
    Offline

    mdholm iPad Fan

    Joined:
    Mar 2, 2012
    Messages:
    264
    Thanks Received:
    10
    Trophy Points:
    0
    Location:
    United States
    Ratings:
    +10 / 0
    My friend and I were actually discussing iPhones, not iPads. I asked here because I have more history here.

    But, jail breaking iPhones is ok, too? I just can't unlock it to use a different carrier?
  13. KevinJS
    Offline

    KevinJS Super Moderator Staff Member

    Joined:
    Aug 6, 2011
    Messages:
    10,261
    Thanks Received:
    763
    Trophy Points:
    113
    Location:
    Edmonton AB Canada
    Ratings:
    +865 / 0
    Well, as far as I know a jailbroken iPhone can still be carrier locked, but my expertise on jailbreaking can be written on the back of a stamp, in large type.

    Sent from my stock iPad 2
  14. scifan57
    Online

    scifan57 Super Moderator Staff Member

    Joined:
    Dec 3, 2011
    Messages:
    20,553
    Thanks Received:
    2,424
    Trophy Points:
    113
    Location:
    Regina,Canada
    Ratings:
    +2,858 / 1
    Jailbreaking and unlocking are completely separate from each other. Jailbreaking a phone won't unlock it. Jailbreaking your phone is perfectly legal, and yes, you will have to unlock it to use it with a different carrier, jailbroken or not.
  15. zgall
    Offline

    zgall iPF Noob

    Joined:
    Apr 10, 2013
    Messages:
    7
    Thanks Received:
    1
    Trophy Points:
    0
    Ratings:
    +1 / 0
    It's crazy one would say jailbreaking is immoral whether it's legal or not. Its immoral for apple to say what i can and cannot do with a device i paid for. If I was taking money out of Apple's pocket I would agree that it's immoral however having an extra icon on my springboard or putting a weather widget on my lock screen it's not costing Apple money. If they would let me do what I wanted to do with my device in the first place we wouldn't be having this discussion. And if someone thinks jailbreaking is immoral I really hope they never pick up a newspaper or flip on the news. I'm almost mad at myself for even responding to such an ignorant comment but I just cant help it. I'll take that bait every time.
  16. Kaykaykay
    Offline

    Kaykaykay iPad Wizard

    Joined:
    Apr 28, 2011
    Messages:
    6,971
    Thanks Received:
    443
    Trophy Points:
    0
    Ratings:
    +443 / 0
    Onswipe
  17. Bob Maxey
    Offline

    Bob Maxey iPad Addict

    Joined:
    Jan 25, 2011
    Messages:
    1,145
    Thanks Received:
    77
    Trophy Points:
    48
    Location:
    Utah
    Ratings:
    +80 / 0
    Not illegal, but that is for the courts to decide, iffin one ends up having to hire Perry Mason, Lionel Hutz or Jerry Spense. In some ways, it has always been "illegal" in that the first LOC decisions did not specify iPads because iPads did not exist at the time. In my experience, if it is not specifically mentioned, you face potential legal problems if it comes to facing a judge. Or a judge who just downloaded GreenP0ison and a cool theme will toss the case.

    We think we should be able to do things with out iDevices, but in the case of the iPad specifically, I can find no rule that allows it specifically. Just lots of people saying it is legal. That said, legal or not, I will JB my device because I have a legitimate reason: iFile and Flash Drive access. Please bake me a lemon cake with a file inside and slip it under my Jail cell. Odd that if I go to jail for jailbreaking, I most likely cannot jail break my way out.

    Anyway . . .

    We need a firm decision. The LOC or someone, anyone, should say clearly and plainly, that Jailbreaking an iPad or Rooting another brand of tablet is legal. Someone from the orchard said (was it Steve Jobs?) they would probably never go after anyone for Jailbreaking. Not that he or they said they would never go after someone, just might not. My guess is they have bigger people to go after.

    I am interested in the immoral aspects your friend mentioned. I have had such discussions and it always leads to the discussion about illegal downloads. My usual query is to ask if his or her PC/Mac should be unable to access the Internet due to the "immoral" aspects. After all, he or she can download movies illegally, so perhaps root access should ALSO be denied him or her as well.

    It is not the tool, it is the personal integrity of the user. I know someone who adds soda to his scotch. If there ever were a crime that needs strong prosecution, it is adding anything to a fine scotch. Neat or, well, I just do not want to know you, you cretin, you boorish brute, you uncivilized coot.

    Bottom line: you are in the clear so go forth and Jailbreak, my child.

    You will never go to court over Jailbreaking your iPad or iPhone. Unless you DL/Install that program that dares not speak its name, and if you avoid illegal torrents, you are in the clear. Morally and ethically.
    • Like Like x 3
  18. Bob Maxey
    Offline

    Bob Maxey iPad Addict

    Joined:
    Jan 25, 2011
    Messages:
    1,145
    Thanks Received:
    77
    Trophy Points:
    48
    Location:
    Utah
    Ratings:
    +80 / 0
    Disclaimer: Bob does not know and he has a big mouth.

    One might argue that if you purchased the device and did not read the rules (TOS/User Agreement, etc) and when you use iTunes, again, you did not read the usual boilerplate, you might be wrong and have no room to complain. In other words, Apple is right and you are a lawless scoundrel. I know you are not a lawless scoundrel because you never attend the national lawless scoundrel conventions.

    If it clearly states in the agreement you agreed to follow, that modifying the software, firmware or device its' self is against the rules, you are not on clear ground, legally. Ungainly sentence structure, sorry.

    You argument is valid if there are no rules or laws or edicts in place. But you are "wrong" if there are rules against making any changes to the device and you do so. And if you end up in court (you will not) what do you say? I agreed to the rules but I did not follow them, your Judgeship? The judge might agree with you and toss the case. Or, say, "no soup for you."

    Here is one for you: Virgin Mobile clearly states that I (the user) cannot use my mobile phone for business purposes. I would suggest that NOT being allowed to use my phone for business is something most reasonable people would find odd and unreasonable. That any phone company would not allow business use is just being as crazy as a persimmon jam and snake sandwich.

    OK, I did not read the rules and I violate them daily. Do I stop using my phone for business or simply ignore the rules I agreed to follow? To be clear, I decided to laugh at the rules and I'll still call my fellow Amway sales people.

    I hate to be a curmudgeon, but I am what I am.
    • Like Like x 1
  19. Winam
    Offline

    Winam iPF Novice

    Joined:
    Jul 4, 2011
    Messages:
    88
    Thanks Received:
    2
    Trophy Points:
    0
    Location:
    Hamburg, Germany
    Ratings:
    +2 / 0
    I gues that depends on in what country you are living.
    • Like Like x 2
  20. HappyPelican
    Offline

    HappyPelican iPad Enthusiast

    Joined:
    Jul 21, 2011
    Messages:
    309
    Thanks Received:
    13
    Trophy Points:
    18
    Location:
    Pelican Island, NJ
    Ratings:
    +14 / 0
    For the amount of money I have spent on Apple products, no one is going to tell me I can't jailbreak if I so choose. If you JB with only the malicious intent of pirating then yes, it's obviously immoral.

Share This Page

Search tags for this page

is hacking ipad legal

,

is hacking ipad legal us