Isn't Jailbraking illegal?

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

  1. lostngone macrumors demi-god

    lostngone

    Joined:
    Aug 11, 2003
    Location:
    Anchorage
    #1
    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

    Me1000

    Joined:
    Jul 15, 2006
    #2
    no

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

    Tallest Skil

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    #3
    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 603

    Zwhaler

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    Jun 10, 2006
    #4
    Definitely not illegal... it isn't even a crime. Apple doesn't like it, but that's about it.
     
  5. lostngone thread starter macrumors demi-god

    lostngone

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    #5
    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

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    Aug 22, 2003
    #6
    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

    MikePA

    Joined:
    Aug 17, 2008
    #7
    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 6502

    Joined:
    Oct 11, 2005
    #8
    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

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    Jun 4, 2003
    #9
    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

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    Sep 21, 2007
    #10
    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

    Joined:
    Aug 9, 2008
    #11
    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

    ntrigue

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    Jul 30, 2007
    #12
    [​IMG]
     
  13. Guiyon macrumors 6502a

    Joined:
    Mar 19, 2008
    Location:
    North Shore, MA
    #13
    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

    Joined:
    Sep 21, 2007
    #14
    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

    gadgetdad

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    On my iPhone
    #15
    Are you a cop?:rolleyes:
     
  16. jav6454 macrumors P6

    jav6454

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    Nov 14, 2007
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    #16
    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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