Wasn't jailbreaking ALWAYS legal?

Discussion in 'iPhone' started by Neeliosis, Jul 26, 2010.

  1. Neeliosis macrumors regular

    Neeliosis

    Joined:
    Mar 30, 2010
    Location:
    New York, NY
    #1
    Alright, one dude is being a jerk and arguing with me that jailbreaking was illegal since day one, and don't be biased here, like he's calling me. Just prove it to him that it was always legal. I mean, the most it did was void your warranty. It was never ILLEGAL under government, right?
     
  2. appleguy123 macrumors 603

    appleguy123

    Joined:
    Apr 1, 2009
    Location:
    15 minutes in the future
    #2
    They were debating whether or not it broke copyright laws. It apparently doesn't
     
  3. AlanShutko macrumors 6502a

    Joined:
    Jun 2, 2008
    #3
    That's a good question. This article describes a recent court case, and the traditional view.

    http://www.boingboing.net/2010/07/25/federal-judge-says-y.html
    So, in the traditional view, if something was DRM at all, you couldn't break it without violating the DMCA, unless you were on the list of approved exceptions from the Copyright office. In that view, jailbreaking your phone so you could run non-pirated software would violate the DMCA and be illegal.

    With this new ruling, it's only a violation if you break it in order to violate copyright law. If you were jailbreaking to set a background pic, enable multitasking, or run ScummVM, you'd be legal. If you were pirating software, it would not be legal, because that's copyright infringement.
     
  4. diabolic macrumors 68000

    Joined:
    Jun 13, 2007
    Location:
    Austin, Texas
    #4
    I'd bet a sizable percentage of those who jailbreak their phones are installing at least some paid apps for free.
     

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