I am confusing nothing. Jailbreaking is legal. Full stop. There is no arguing that point. Your interpretation of the power of an EULA is grossly inaccurate. An EULA does not supersede the law. I am honestly not even sure how you... IANAL but I'm 100% sure you aren't based on the claims you've made in this thread. Sweet Jeebus man.You are incorrect and confusing two different things.
The DMCA says that the distribution of tools to defeat copy protection is illegal. An exemption to the DMCA makes it inapplicable to jailbreaking tools, thus the distribution of those is not banned under the DMCA.
However, if you jailbreak, you are violating the EULA, which is a civil contract you entered in with Apple. The EULA revokes your right to use the software if you jailbreak. Therefore, use after you jailbreak is a violation of basic copyright law and a violation of the contract you entered with Apple.
The DMCA is a law, which means your rights are taken away by the Government. You have no rights, in general, to use somebody else's copyrighted work. The EULA grants you only very specific rights, under a voluntary contract between you and Apple. Thus, the EULA can be considerably stricter than law.
Please go back and re-read the original comment you quoted. It will help you. In your effort to reply you display more and more you didn't understand the quote. Apple's product - the special dev version of the iPhone competes with Corellium's software version of what devs were using.Wait. This is funny. You honestly think Apple made a "competing product" against itself. That's hilarious.
What's irrelevant here are any amicable relationships you keep referring to as if it's somehow a good point for your argument, because we don't know the context of those relationships, nor are they relevant either. Apple is a massive company and knowing a handful of people that might like you isn't a legal argument.
I am confusing nothing. Jailbreaking is legal. Full stop. There is no arguing that point. Your interpretation of the power of an EULA is grossly inaccurate. An EULA does not supersede the law. I am honestly not even sure how you... IANAL but I'm 100% sure you aren't based on the claims you've made in this thread. Sweet Jeebus man.
The only thing Apple would probably do is void your warranty.
Curious. What exactly do you think is indefensible about their business practices?
Corellium did this with the full knowledge of Apple. As I said earlier, Apple even had them as one of the invite-only devs working on the Bounty Program. It's not as if this was an under the radar stealth operation.It is completely indefensible. So much so I don't even understand why there is controversy.
If I programmed an exact emulator of Adobe Photoshop, including every feature, function, and look and feel, and even branding and logos, copied to the exact pixel, there would be no controversy about whether or not I was profiting from illegal theft of Adobe's IP.
Correllium has done this. Not just for one application like my Photoshop example, but for an entire operating system AND all of the default applications included with that operating system.
I don't understand how this is legally defensible. Maybe it is morally defensible to the type of people that believe all software should be free, but that is a philosophical opinion that I don't agree with.
And the worst part here is, it's very unlikely Corellium created this code from scratch, like my Photoshop example. Apple has accused Corellium of outright copying iOS code. I haven't seen where Corellium has refuted this. In fact, they bragged it is an exact copy of iOS including undiscovered vulnerabilities. So this is even worse than my example of creating a duplicate from scratch. This appears to be outright stolen source code, repackaged and resold for profit.
So to modify my example, if I stole Adobe's source code for Photoshop and then sold exact functioning copies of it, there would again be no controversy. Correlium stands accused of this.
Jailbreak happens because security holes in iOS, Apple fix them, jailbreak find another way. Jailbreak is a consequence of crackable software. Having others jailbreaking their phones won't make yours less secure more than already is, probably more secure since Apple patches iOs.So here's the deal: do we want our phones to be secure or not? If we want them to be uncrackable, then we should support Apple on this lawsuit. If we really want to jailbreak them (for what?), then we are giving up security. Cant have both.
Corellium did this with the full knowledge of Apple. As I said earlier, Apple even had them as one of the invite-only devs working on the Bounty Program. It's not as if this was an under the radar stealth operation.
To piggyback on your example. If AMango was invited by Adobe to join a select group of devs in their Bug Bounty Program and devs use AMango's emulator to find bugs in Adobe's software...
Now Adobe is well within it's rights to change it's stance about what you and others have done for them in the past using your software. Especially since they think they developed a better tool - the special deviPhoneAPhone. I'm hard pressed to see stolen.
You and I both. If I paid for the data; how I use it is MY BUSINESS. What the companies were doing was unethical, IMHOUsed to jailbreak only to tether and use data that I was paying for...
The solution seems simple.So here's the deal: do we want our phones to be secure or not? If we want them to be uncrackable, then we should support Apple on this lawsuit. If we really want to jailbreak them (for what?), then we are giving up security. Cant have both.
You keep making these specious claims backed with generic rhetoric. Please back them with facts about the topic or stop. As I said, the only consequence of ignoring the EULA and jailbreaking is a possible voided warranty and refused service. https://support.apple.com/en-us/HT201954Again, you are 100% dead wrong. The EULA does not supersede the law, it grants you rights that you never had under the law. It voluntarily rolls back the law.
Contracts are generally valid unless they are contrary to the law (e.g. a contract cannot permit me to murder you), or are unconscionable. Again, the EULA is not contrary to the law because you never had a right to use Apple software to begin with.
The law says you have no automatic rights to use Apple's copyrighted software. That is the point of copyright. Apple has granted limited rights to you in exchange for money and promises. It is not illegal to revoke those rights if you violate those promises.
You need to learn about contract law and read the EULA before continuing with your wrong and hysterical arguing.
Jailbreakers aren't violating copyright law by violating the EULA because the U.S. Copyright Office exempts jailbreaking (and rooting). The exemption was expanded in 2015 to include other mobile computing devices such as tablets.
I'm framing the issue based on the poster I am interacting with at the time. Different people are addressing different aspects of the issue. You'd recognize that if you paid attention. There hasn't been a single one of my comments about the stuff you keep trying to address incorrectly with me. There are plenty of people discussing that aspect of this subject. Please find one of them if that's what you're interested in discussing.I love how you keep framing the issue from an individual basis and are ignoring the crux of the case: a third party blatantly profiting off virtual copies of Apple's product. Let's call it like it is: they're getting sued for monetizing IP they don't own. Apple is not going after hobbyists.
I'm framing the issue based on the poster I am interacting with at the time. Different people are addressing different aspects of the issue. You'd recognize that if you paid attention. There hasn't been a single one of my comments about the stuff you keep trying to address incorrectly with me. There are plenty of people discussing that aspect of this subject. Please find one of them if that's what you're interested in discussing.
You keep making these specious claims backed with generic rhetoric. Please back them with facts about the topic or stop.
Relevant: Apple strongly cautions against installing any software that hacks iOS. It is also important to note that unauthorized modification of iOS is a violation of the iOS end-user software license agreement and because of this, Apple may deny service for an iPhone, iPad, or iPod touch that has installed any unauthorized software.
Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software.
Yet the only thing you can do is not provide a single fact to back your claims. Generic rhetoric is not hard facts. The Copyright Office says you're wrong and provides exemptions for jailbreaking.Section 6
You're wrong again. Of course, you're not going to listen to hard facts and repeat your same flawed argument.
Exactly what I suspected people jailbreaked for. How is that defensible though? You knew when you signed up with your cellular provider what services were offered. Just because you think it’s unethical not to allow something doesn’t mean you have the right to obtain that service/feature via shady means.You and I both. If I paid for the data; how I use it is MY BUSINESS. What the companies were doing was unethical, IMHO
Sell me the data; if I opt to use MY PHONE’s radio to tether to my laptop or tablet - that is no more your business as the content of my email
that is the only reason I used to jailbreak. Now, there simply is no legitimate reason to do so
"Monopolistic App Store practices"? "trusting their users to decide for themselves"? Apple is quite clear on what they're offering, and information is widely available about it. Nobody put a gun to your head and forced you to buy an iPhone, and you knew (or should have known) going it what the deal was. Arguing after the fact that you don't have enough control is somewhere between silly and disingenuous. If you didn't understand the arrangement and benefits and limitations of the iOS ecosystem before you bought into it, that's on you. It's not like iPhones existed in the wild as a natural resource and evil Apple came along and enslaved the iPhones and their users. You willingly bought into the deal.Jail breaking allows people to circumvent Apple’s Monoplositic App Store practices (or profit). It makes sense that Apple would want to discourage or prevent jail breaking so that they can maintain control (instead of trusting their users to decide for themselves)
I'd venture a guess that this may come down to a situation of, as they say, one hand to not know what the other hand is doing. Apple is long past the point of two guys sitting in a garage - various parts may have been working in opposing directions, or one group was paying attention while another was not, and got caught by surprise by some of this - or heard of it in passing but didn't work out all the ramifications.Corellium did this with the full knowledge of Apple. As I said earlier, Apple even had them as one of the invite-only devs working on the Bounty Program. It's not as if this was an under the radar stealth operation.
Can you go to jail for jail breaking your device? Jail breaking is a crime, no?
Being in court doesn't mean being in the wrong though. The court could uphold the EULA, but could also declare it or parts of it unenforceable. Would not be the first nor the last time it happens.The EULA is why Corellium is in court, so it's hardly "meaningless".