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People Jailbreak so they can get apps for free

  • True.

    Votes: 66 24.8%
  • False.

    Votes: 200 75.2%

  • Total voters
    266
Why should I let Big Brother control an object that I own?

It's not a rationalization. It's my right, whether or not I have to take that right for my own. No one dictates what I do with my device. I'm not making any money off of what I do to my phone, nor does it provide any detriment to Apple.

What gives you the right to violate Apple's rights to their property? The question is not facetious. I've cited specific law that entitles Apple to certain rights with respect to their intellectual property. What give you the right to take them away?

We are not talking about an object, we are talking about software which is subject to copyright law. No one is dictating anything to you. I have no problems if you jailbreak. But it is illegal to modify software except as provided by the specific limitations to the copyright holder's exclusive rights.

Everyone is happy, except you. :D

Why do people have such a problem understanding the point of a forum? I'm here to have a discussion. I'm enjoying it, except for the personal commentary. You know nothing about me.

People have the right to vote however they want regardless of what is legal, what you agree with or what is correct. Stop wasting your time trying to sway people over to your point of view.

Sure, they can vote however they want. What is legal has nothing to do with the poll question. I just find it amazing that 75% of the respondents selected the incorrect answer. Maybe they were just being ironic.

In all honesty i just think of JB as a "tweak" because .. it is. So if we go off the above quote saying its illegal to install a tweak to the OS that other standard apps do not have available then that means JB is illegal. No other app will have an app store. . apple will NEVER allow that within an app. When you JB you mod the OS to allow you to install Cydia which is basically another app store. Using those apps from the store tells iOS (or well the "jailbreak" does) that "YES" its ok to install this so the phone does. Other apps don't have this as well.

Except that this situation was specifically allowed by an exception to the DMCA as an example of fair use rights.

But if we all agree that jailbreaking (not tweakin the **** outta the phone) is legal ...

I agree.

and a judge did to ...

A judge has not agreed to my knowledge.

then by going off the standard of "installing an app or "tweak" that modifies the OS to provide functionality that is not available to standard apps" would make jailbreaking illegal but.. It not. But if we go off that statement it should be illegal because I still can't install a app from the app store that will basically ... give me ANOTHER app store to run apps on apples device. Because they would never allow this.

And we are back to the fact that an exception was created to allow this action.

Also if it was illegal apple would fight that they guarantee that its illegal to modify the OS but they can jailbreak (which ... why would you want cydia but nothing in cydia? doesnt make sense). Yet they tried and it was ruled legal. All apple says is...

There was no ruling. There was an opinion by the Library of Congress. There is no reason for Apple to fight jailbreaking, just as there is no reason for them to fight hackintoshing. Unless it become significantly commercialized, of course.
 
And we are back to the fact that an exception was created to allow this action

So ... doesn't that mean since the exception was created to allow the Cydia app store (jailbreak) that i can USE that app store .. to .. modify my OS Since thats the applications it has in it. From themes, sounds, and tweaks? Im just confused on where you are drawing the line. Because to me cydia is a tweak ... 100% cuz no other app in the app store can do what it does. Yet it has an exception made where they said "Yes you can JB and use Cydia..." so ... we do ... yet ... your saying if use the tweaks in cydia we are now violating copyright?

I look at it like if i download an app from the app store like pandora .. i can use it to do what the app does and thats stream music. So can't i use the allowed Cydia app store to mod my OS since .. thats what it does? Idk .. just lost i guess.
 
So ... doesn't that mean since the exception was created to allow the Cydia app store (jailbreak) that i can USE that app store .. to .. modify my OS Since thats the applications it has in it. From themes, sounds, and tweaks? Im just confused on where you are drawing the line. Because to me cydia is a tweak ... 100% cuz no other app in the app store can do what it does. Yet it has an exception made where they said "Yes you can JB and use Cydia..." so ... we do ... yet ... your saying if use the tweaks in cydia we are now violating copyright?

I look at it like if i download an app from the app store like pandora .. i can use it to do what the app does and thats stream music. So can't i use the allowed Cydia app store to mod my OS since .. thats what it does? Idk .. just lost i guess.

The exception is not as complicated as you are making it. The DMCA prohibits the circumvention of protections that control access to copyrighted materials. Every three years, the Library of Congress reviews petitions to determine if any classes of work should be granted an exception to this rule in order to allow non-infringing uses of the protected material.

Last year, one of the classes of work was determined to be:

Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.

Note the words "sole purpose". If the purpose of the modification is to allow interoperability of software applications, it is allowed (in the opinion of the Library of Congress). Cydia's purpose is to allow installation of software applications on an iPhone. It seems to qualify for the exemption. Cydia is part of the circumvention mechanism (combined with the jailbreak process.) That does not mean that all apps distributed through Cydia are okay. There is no exemption for apps that modify the OS in order to make it look spiffier or provide additional functionality that isn't available to standard apps.
 
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