Is it illegal to sell an iPhone with a beta firmware?

Discussion in 'iPhone' started by iseeu1001, Aug 2, 2013.

  1. iseeu1001 macrumors newbie

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    Aug 2, 2013
    #1
    Hi so I have an iphone 4s I want to sell but its ios 6.1.3 is bad so I upgraded to ios 7 beta 4 fully working. Now my question will I run into any legal trouble selling an ios 7 beta 4 since its not for public release and only for developers?
     
  2. Intell macrumors P6

    Intell

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    #2
    Yes it is a breach of the terms and conditions as the iOS beta is tied to the singular developer's dev account. In extreme measures, Apple could sue for a breach in the NDA.
     
  3. iseeu1001 thread starter macrumors newbie

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    #3
    What is an NDA and never mind. Another question is it illegal for me to ios 7 beta to use for myself?
     
  4. Intell macrumors P6

    Intell

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    #4
    A NDA is a nondisclosure agreement. Basically, all iOS developers have to sign one stating they won't discuss beta iOS in any form outside of Apple's developer forums. Technically every iOS 7 screenshot to date is illegal as it all non-Apple discussion of it. If you yourself is not a paid developer, yes it is still illegal because of the breach of term/conditions and the NDA.
     
  5. iseeu1001 thread starter macrumors newbie

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    #5
    So is it illegal for me to use? The only reason I am using it is because of my ios 6.1.3 messed up and won't return to normal so this is my only fix. I see a lot of people on youtube already post bout ios 7 and they aren't in trouble other wise videos would be removed. Well known youtuber are using it and showing it.
     
  6. Intell macrumors P6

    Intell

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    #6
    If you're not a paid developer, yes it's illegal.
     
  7. surjavarman macrumors 6502a

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    #7
    Dude its just a phone. No one cares. Even apple won't care
     
  8. bbfc macrumors 68030

    bbfc

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    #8
    Restore the device as new on iOS 6.1.3 - it'll be fine.

    Apple doesn't go after people, but it's still illegal.

    Personally I wouldn't sell a phone with a beta iOS on it. What happens if the person doesn't update to the next beta and it expires etc. Not worth the risk.
     
  9. maflynn Moderator

    maflynn

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    #9
    Its a breach of contract, but also think of the buyer - he now has an expiring beta on the phone. How will he update to beta4 or the GM? Some people may not have the level of knowledge to do so
     
  10. johnseattle macrumors member

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    #10
    Lol pretty sure apple has bigger fish to fry than an individual selling a single phone with ios7 in it.
     
  11. Intell, Aug 3, 2013
    Last edited: Aug 3, 2013

    Intell macrumors P6

    Intell

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    #11
    That's why the verb "sue" is preceded with the adjective "extreme".
     
  12. luckydcxx macrumors 65816

    luckydcxx

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    #12
    It is not illegal. It is against the terms of use. You will not be arrested for it.
     
  13. gnasher729 macrumors P6

    gnasher729

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    #13
    When the breach of an NDA leads to the illegal disclosure of trade secrets, that is in fact illegal. There is a difference between some illegal activities where the police _must_ act even if nobody asks them, and other illegal activities where they will only act when asked to do so, but breach of an NDA could indeed lead to an arrest.

    And anyway, an arrest is not the worst thing that can happen to you. Threat of a court case that could bankrupt you even if you win the case might be worse.

    ----------

    Look at the headline of the thread. What the OP asked was exactly the question: Is it illegal? So obviously your statement "nobody cares" is wrong. The OP did care.

    And whatever people do, they should know whether their actions are legal or illegal, whether they hurt people or not, and whether they are likely to get caught and punished or not, so they can make the right decisions.
     
  14. lordofthereef macrumors G5

    lordofthereef

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    #14
    If you are asking these questions you probably obtained iOS7 illegally. In reality, you have a higher chance of winning the lottery than getting thrown in jail for any of the above actions though. People SELL dev slots to get people into beta iOS and, to my knowledge, not ONE person has been sued (I assume this would make news). For that matter, I am sure you have pirated music, movies, and other media in your lifetime too. The people that get buried by legal jargon for these activities either downloaded everything under the sun or, more commonly, tried to profit from their illegally obtained material (read: they were selling pirated content).
     
  15. johnseattle macrumors member

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    #15
    It's ok to admit you over-reacted. We'll let you slide this time. :D
     
  16. Intell macrumors P6

    Intell

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    #16
    Not an over reaction, just a statement. The over reaction would be on your part if it was to be on either of ours.
     
  17. johnseattle macrumors member

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    #17
    But you know in all honesty Apple is WAY to busy to sue over something like this. Don't scare the OP with such an extreme statement you know would never happen.
     
  18. Intell macrumors P6

    Intell

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    #18
    Apple has teams of lawyers. You think Comcast, TimeWarner, Cox, and Verizon are too busy to send out antipiracy letters? They aren't. If its about protecting their investment and their property, they will. Don't brush away something as if it could never happen. All it takes is once.
     
  19. johnseattle macrumors member

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    #19
    You live in a fantasy world my friend if you think that but ok you're right. :rolleyes:
     
  20. Intell macrumors P6

    Intell

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    #20
    Shall we go on with in unlikely yet possible bad things that could happen? A space object could fall from the sky and crush the OP's car. His cat could choke on a kibble of cat food. World peace could happen. I could go on listing things that could happen, but unlikely. My fantasy world isn't fantasy to those who are educated.
     
  21. Carlanga macrumors 604

    Carlanga

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    #21
    just restore as NEW to official fw and sell it.
     
  22. iphonehype macrumors 6502

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    #22
    [​IMG]

    :apple:Police will throw you away for life in prison! Don't do it :D
     
  23. Shockwave78 macrumors 65816

    Shockwave78

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    #23
    Many beta iOS 4, 5, 6, and 7 phones have been sold ;)
     
  24. Troneas macrumors 65816

    Troneas

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    #24

    except that the OP probably never signed to or agreed upon any NDA because he is not a developer. :D
     
  25. Intell macrumors P6

    Intell

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    #25
    Thus all the more the legality of it is in question. Maybe not him, but the developer where he got it from as well as the OP for installing pirated software.
     

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