Though they had not prosecuted anyone, Apple had claimed that Jailbreaking was illegal under the DMCA.
The Government has just come back and said "no it isn't".
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Apple: Jailbreaking May Still Void iPhone Warranty
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Though they had not prosecuted anyone, Apple had claimed that Jailbreaking was illegal under the DMCA.
The Government has just come back and said "no it isn't".
It all comes down to hassle...To me, even for some extra features, it's not worth worrying every time an update from Apple comes out that I may brick my phone.
wahoo, now the governments need to force apple to open up officially rather then having to jailbreak.
I am behing apple when they say that want the user experience.... fine thats great. But if IIIIIIII chose not to have this then this is my decision not apples.
Plus its out of order for apple to say who can make money from the iphone and who cant, its an operating system and people should be able to develop and in install what they want.
You have the app store for 100% official apps then you can install another app store for unofficial.
I dont understand how anything can break your iphone, and how does it void warranty????? So on my macpro if i install some doggy software i loose my warranty. Its so easy to fix if you have any problems, virus etc.....just REFORMAT and START AGAIN. lol
Its only a matter of time before apple have no choice anyway so wahoooo
p.s majority of user dont jail break because 1, they dont kno how to and 2 they are scared of loosing warranty. The moment it becomes easier and legal, flood loads of people will do it.
Yeah, Apple said that, probably just to appease AT&T (you need to jailbreak to unlock). But they never actually go and hunt people down for jailbreaking. Heck, Apple is quiet about hackintosh too, and even with Psystar, they don't go hunting down the OSx86 community.
"Though they had not prosecuted anyone, Apple had claimed that Jailbreaking was illegal under the DMCA."
infact 'cause they cannot!
You can say,ok ,jailbreak it and it will void your warranty ( not fair but..)
but you can't say ,jailbreak it and it will be illegal!!
It's mine,paid with MY money!!.
I'm very sad sayn this...but the mai reason Android will any chance to beat Apple is Jobs closed mentality( very open on many sides.but not on those ones).
I think Apple is going to know soon what Microsoft suffered in the past,
they have to watch carefully their new steps,even 'cause the last ones were really faulty,'cause Governments are at the window now...such as in Europe.
infact 'cause they cannot!
You can say,ok ,jailbreak it and it will void your warranty ( not fair but..)
but you can't say ,jailbreak it and it will be illegal!!
It's mine,paid with MY money!!.
I'm very sad sayn this...but the mai reason Android will any chance to beat Apple is Jobs closed mentality( very open on many sides.but not on those ones).
I think Apple is going to know soon what Microsoft suffered in the past,
they have to watch carefully their new steps,even 'cause the last ones were really faulty,'cause Governments are at the window now...such as in Europe.
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.
So can upgrading your iPhone 3G to iOS4.
So can upgrading your iPhone 3G to iOS4.
After all, software changes have never ever caused hardware damage. Right, Microsoft! Right, Apple! Right, ATI! Right, Nvidia?
Wait, why is Nvidia avoiding eye contact after that statement?
Oh right!
Software can impact hardware.
Pardon my super-generic response to all this, but I think if Apple would just loosen their restrictions some, people would not need to jailbreak and install third party apps. Here's a few light suggestions to make it less important and address some of the reasons people do it in the first place:
* Make sure no submitted apps have malicious or resource-wasteful code.
* Allow tethering and other apps. If AT&T doesn't like it, let them deal with it, since they're the ones who have the problem.
* If an app causes too many user complaints, then pull it. Otherwise, lets be more capitalistic about it and allow most everything to slide through. You'll get more innovation.
* Create an adult section of the store that's somehow age-verified and/or password protected. So those that want can have, and those that don't aren't forced to see or be exposed to it. Easy enough.
* Make sure no submitted apps have malicious or resource-wasteful code.
* Allow tethering and other apps. If AT&T doesn't like it, let them deal with it, since they're the ones who have the problem.
* If an app causes too many user complaints, then pull it. Otherwise, lets be more capitalistic about it and allow most everything to slide through. You'll get more innovation.
* Create an adult section of the store that's somehow age-verified and/or password protected. So those that want can have, and those that don't aren't forced to see or be exposed to it. Easy enough.
Let's make that a full quote:
"Unfortunately, because of the legal issues involved, the Apple spokeswoman would only provide me with the following statement on the record:
“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.”"
What legal issues? So this won't get written in stone? Well. In that case this might as well be denied as a scam, again. Making this particular statement almost the same as telling people that AT&T can severely degrade the experience. After all. Weak signal areas are the main source – problem if you like – of all the antennagate videos. No wait. The AT&T problem is a proven fact, while the jailbreak is not. At least not to my knowledge.
And even Apple's iOS is unreliably at times. I mean. Wasn't it iOS 4.0 that had to be patched to let it connect to a Microsoft Exchange Server, again? Severely degrading the end user experience for certain people.
In short; People are not perfect. Not even when they work for Apple.
Note: my iPhones are all factory unlocked and not jailbroken.
"Unfortunately, because of the legal issues involved, the Apple spokeswoman would only provide me with the following statement on the record:
“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.”"
What legal issues? So this won't get written in stone? Well. In that case this might as well be denied as a scam, again. Making this particular statement almost the same as telling people that AT&T can severely degrade the experience. After all. Weak signal areas are the main source – problem if you like – of all the antennagate videos. No wait. The AT&T problem is a proven fact, while the jailbreak is not. At least not to my knowledge.
And even Apple's iOS is unreliably at times. I mean. Wasn't it iOS 4.0 that had to be patched to let it connect to a Microsoft Exchange Server, again? Severely degrading the end user experience for certain people.
In short; People are not perfect. Not even when they work for Apple.
Note: my iPhones are all factory unlocked and not jailbroken.
majority of 3G is out of warranty anyway (> 1year or even 2 year with AppleCare) so do whatever you want with 3g, nobody will care
Whatever they might of called it probably gave way to "jailbreaking" as it was the term all of their customers were using. In this case, there is no benefit in having built-in confusion to the terminonlogy.
It would probably have to go to court - the only consumer warrenty protection given by the law I know of is for warrenties claiming to be full warrenties - and Apple's is definitly limited.
Actually, there is something to see here...
Actually, due to some insipired idioticy in 1998, it does have business here. However this is LIMITING the power of the DCMA in some of the ways it is commonly abused. It's fixing bad law, as far as I'm concerned.
I'm all for IP rights, but the DCMA let people go nuts and it gets around Fair Use. About the only thing that seems to have been a clear winner in that act is the ISP safe harbor provisions, as far as how it affects "the common man".
I think that only applies to full warrenties.
Of course it won't magically break the hardware. It will be grounded in science!
Before calling in warranty, you should restore to factory defualts. Hardware can indeed be impacted by software, and un-Jailbreaking it is a reasonable step to isolate cause.
How is Apple "crying"?
If this was considered illegal, Microsoft would of been toast long ago. Wow, it's a company based on product cycles to make money.
+1!
The closest they come to price fixing would be that there is a minimum price for anything not free... But then, they do need to be able to cover their expenses for running a store.
Incorrect. At this point (and at it's conception, as far as I'm concerned), the relevant portions of the DCMA is about making it illegal to circumvent any anti-access or copy measures, regardless of your rights under all OTHER law and contracts to use/access the software or other content.
And the government has no business to do that. Has no right.
I assume you meant "quash", which means "to put an end to, suppress...," which is more apropos in this context.
Absolutely; iOS 4.x works like putting a handbrake on your 3G.
p.s. Some even think that it runs in circles to annoy people and get them to upgrade to iPhone 4. I hope they look for the code and cash in by providing it to Gizmodo
Well, if even in the United States it is LEGAL to jailbreak a telephone, how can it be then that a company can impose terms and conditions on the customer that as a matter of fact deny the customer the right to jailbreak the software? It doesn't make much sense and I doubt that Apple or anybody else would get away with those terms and conditions in a court of law.
And I'm not talking about losing the product warranty here - that's okay. By jailbreaking the device you leave the little sandbox that they give you and the customer should take responsibility for that.
HOWEVER, I think it is clearly illegal to create a license agreement that denies a user rights to do things that are explicitly legal. For example, if a EULA says that you lose your license to use a software because you unlocked your phone, then this EULA simply cannot be legal.
Some of the future iPhone owners and jailbreakers will have to wait, a little longer, now that Foxconn closed one of its factories – in India – for at least a week due to reported sickness of over 250 employees [pesticides].
And don't dare to install the Citibank app on your jailbroken iPhone, because it has a potential security flaw.
"Citi said its iPhone app accidentally saved information—including account numbers, bill payments and security access codes—in a hidden file on users' iPhones."
And don't dare to install the Citibank app on your jailbroken iPhone, because it has a potential security flaw.
"Citi said its iPhone app accidentally saved information—including account numbers, bill payments and security access codes—in a hidden file on users' iPhones."
well it could break your iphone. youre opening it up to software from anyone. you jailbreak it, you take the risk. no reason to complain about the warranty side of things.
Yes, and now they can't even if they wanted to.
Less government intervention. Before = prosecution was possible. Now it isn't. How is that more governement involvement ? I seriously don't get it. Some people just like to bitch about the Obama administration.
Nobody says the hardware doesnt support it. If that were true, it wouldnt happen. What lies are you imagining Apple has told here? Supporting and supporting reliably are not the same thing. Older hardware truly DOES have less RAM and CPU power.
Apple says it MAY harm performance and cause crashes. Thats very true. It may. App developers complain about jailbreak-caused crashes (which then make the jailbreakers rate the app low). These JB modifications use RAM, and RAM is very tight on some iOS models. So of COURSE there will be an effect from that. And Apple wont be responsible for solving those crashes if they happen. Why should they be? If Apple supported jailbreaking, it would be a nightmare from them. And Apple would get the blame for resulting problems (slowdowns, crashes). So if they cant please you no matter what, at least they wont pay the bill for your tech support
This makes perfect sense. If you can reverse your modification, Apple will never know, and your warranty is intact. If your modification is irreversible, then of course Apple wont spend time/money fixing your problems. Thats standard with any product. Take heart: many kinds of failures would result in a warranty swap before any kind of check is done anyway.
Apple has not said jailbreaking ALWAYS voids your warranty. They have said it CAN. What could be more fair? Should they say, no matter what, well promise to fix any problems with your self-modified system?
People have a knee-jerk reaction against Apple (well... against a lot of things!) with no need to stop and check the real facts and reasons
I support jailbreaking but I certainly wont expect Apple to spend time/money on me if I choose to ignore their warnings.
+1-What he said.
On it's surface your argument seems valid. But what if the software mod causes an issue by placing too much stress on the processor or memory, thereby frying the device? Sorry, but in this day of virtually everything being a computer, the reality is that software and hardware are constantly intertwined in a dance. One can affect the other.
I've jailbroken my iPhone. The only reason was to unlock carriers. But I did it knowing that I was on my own. I don't expect Apple to warranty it.
And I am saying "the DMCA itself said all the time that jailbreaking isn't illegal", or at least not because of anything the DMCA says. What Apple says outside a court doesn't matter.
Apple had attempted to get Jailbreaking added to the DMCA. The EFF opposed this request and the Government has given it's verdict.
You seem to be under the impression that the DMCA covered anti-circumvention only in the case of doing for copyright infrigment. Maybe you should give the DMCA another read.
The anti-circumvention provisions stood on their own. It was in fact illegal to plainly break digital access-control methods. This included rooting and jailbreaking. Hence this new statute which now permits it.
Nobody says the hardware doesnt support it. If that were true, it wouldnt happen. What lies are you imagining Apple has told here? Supporting and supporting reliably are not the same thing. Older hardware truly DOES have less RAM and CPU power.
Apple says it MAY harm performance and cause crashes. Thats very true. It may. App developers complain about jailbreak-caused crashes (which then make the jailbreakers rate the app low). These JB modifications use RAM, and RAM is very tight on some iOS models. So of COURSE there will be an effect from that. And Apple wont be responsible for solving those crashes if they happen. Why should they be? If Apple supported jailbreaking, it would be a nightmare from them. And Apple would get the blame for resulting problems (slowdowns, crashes). So if they cant please you no matter what, at least they wont pay the bill for your tech support
This makes perfect sense. If you can reverse your modification, Apple will never know, and your warranty is intact. If your modification is irreversible, then of course Apple wont spend time/money fixing your problems. Thats standard with any product. Take heart: many kinds of failures would result in a warranty swap before any kind of check is done anyway.
Apple has not said jailbreaking ALWAYS voids your warranty. They have said it CAN. What could be more fair? Should they say, no matter what, well promise to fix any problems with your self-modified system?
People have a knee-jerk reaction against Apple (well... against a lot of things!) with no need to stop and check the real facts and reasons
I support jailbreaking but I certainly wont expect Apple to spend time/money on me if I choose to ignore their warnings.
I totally agree. If you jailbreak, ask Cydia to warranty your Iphone software. They don't want to ? Strange...