Isn't Jailbraking illegal?

Discussion in 'Jailbreaks and iOS Hacks' started by lostngone, Nov 15, 2008.

  1. lostngone macrumors 65816


    Aug 11, 2003
    I am not judging anyone and I have unlocked and Jailbroken my phones but when you build a custom ipsw and upload it to the phone isn't this a violation of the DMCA in the US?
  2. Me1000 macrumors 68000


    Jul 15, 2006

    Apple now has the right to refuse to service your phone, but it isn't illegal!
  3. Tallest Skil macrumors P6

    Tallest Skil

    Aug 13, 2006
    1 Geostationary Tower Plaza
    Only if the jailbreak uses copywritten code.

    Pwnage doesn't. Use that.

    Pwnage also unlocks, if you wish. That's also legal.
  4. Zwhaler macrumors 604


    Jun 10, 2006
    Definitely not illegal... it isn't even a crime. Apple doesn't like it, but that's about it.
  5. lostngone thread starter macrumors 65816


    Aug 11, 2003
    But doesn't the DMCA make it illegal to use tools to bypass or circumvent encryption and/or access controls?

    Isn't this what these tools do?
  6. NeoMayhem macrumors 6502a

    Aug 22, 2003
    If you are jaibreaking for the purpose of installing hacked apps, it is probably illegal. It is legal for unlocking though.
  7. MikePA macrumors 68020


    Aug 17, 2008
    Installing the hacked apps is illegal. Jailbreaking is not.

    Your statement is like saying, "If you are buying an iPhone for purposes of installing hacked apps, then buying the iPhone is illegal." :rolleyes:
  8. projectle macrumors 6502a

    Oct 11, 2005
    It falls in a nice big grey area.

    Officially, possessing PwnageTool is against the law in the US, as is bypasses protections to provide access to data that is normally restricted.

    At the same point, through the purchase of the hardware, it is yours to do as you see fit including to retool for other purposes. Possessing a modified device is also perfectly legal, as is using a modified device to perform tasks that it was not originally designed for *as long as it does not interfere with the operation of other devices*.

    This means that the act of jailbreaking is perfectly legal, however the use of jailbreaking applications is illegal, it doesn't matter whether or not it contains or references copyrighted code.

    If one were to modify the firmware to cause the iPhone to send out garbage data to prevent someone from making a phone call or connecting to a wireless network, or increasing the power output of either of those antennas, it becomes a *highly* illegal act. As is changing any unique identifiers on such as the IMEI.

    Apple can refuse support for something that they have not provided (a hacked iPhone), however they can't legally intentionally damage your iPhone if you have modified it. That's not saying that they can't inadvertently damage your modified iPhone... That all comes down to intent really.

    It is also *possible* that PwnageTool and other similar applications could be granted an exception by the Librarian of Congress if it can be determined that the use of PwnageTool if it's developers can prove that Apple's access-control system has a substantial adverse ability for people to make non-infringing uses of copyrighted works.

    This exemption would then be reviewed every three years and to date there have only been 12 granted of which there are only 6 which are still valid.

    At the end of the day, the odds of someone being prosecuted for this is *very* remote given the fact that it would come down to assessing damages for this offense beyond the $750 to $30,000 maximum per infringement in the case that it is proven that the person responsible profits from their infringement.

    Have a nice day!
  9. TheConfuzed1 macrumors 6502a

    Jun 4, 2003
    It is not illegal to install hacked apps. It is, however, illegal to install cracked app store apps.

    There is a very distinctive difference.
  10. jeffmc macrumors 6502

    Sep 21, 2007
    if you're driving three times the speed limit cause you have a head ache and want to get home it's ok, but if you have no reason it's totally illegal
  11. rtztgue macrumors regular

    Aug 9, 2008
    the difference is the line between what you consider a hacked app. I think he was considering apps like cycorder, snapture, etc. as hacked apps... basically they are just 3rd party apps that apple wont put in their store. Cydia offers them for free or donations etc. These apps are NOT illegal. just not sanctioned by Apple. But getting a cracked or hacked copy of Crash bandicoot(for example) IS illegal. This is an application on the app store that costs money to buy. That is the deal. If you download a cracked version and use it ,then that is blatant software piracy.
  12. ntrigue macrumors 68040


    Jul 30, 2007
  13. Guiyon macrumors 6502a

    Mar 19, 2008
    North Shore, MA
    Probably not, at least until Nov. 2009 anyway. The last set of exemptions to the DMCA included the ability to workaround firmware locks on phone that interfere with interoperability.
  14. jeffmc macrumors 6502

    Sep 21, 2007
    right, i would consider that more piracy. jailbreaking itself is not illegal.

    it's like bit torrent, bt has many practical uses which are 100% legal but can be used for illegal purposes

    the question is: "is jailbreaking illegal"

    the answer is no
  15. gadgetdad macrumors 6502a


    Sep 10, 2007
    On my iPhone
    Are you a cop?:rolleyes:
  16. jav6454 macrumors P6


    Nov 14, 2007
    1 Geostationary Tower Plaza
    To put end to the discussion, no it is not illegal. Jailbreaking is the process that helps us achieve the unlock. The Digital Millennium Rights makes and exception specifically designating communication devices unlocking and says its 100% legal.

    Installing 3rd party applications outside App Store is not illegal either, Apple does not like it and thats as far as that can go. Your device, your way of using it (with in confines of the law that is).

    Unlocking is protected by DMR as stated previously.

    Installing hacked applications (like getting Engimo or any other game for free from xxxxxx site) is illegal. Those applications are protected by Apple and copyrighted by respectful owners. Installing ROMs (Mario for NES or others) is also illegal. Emulators are not.

    Hope that clears the confusion...

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