Why Jailbreaking is 'fair' game and installing OSX in a PC not?

Discussion in 'macOS' started by joe.pelayo, Dec 18, 2009.

  1. joe.pelayo macrumors member

    Joined:
    Dec 12, 2009
    Location:
    Mexico City
    #1
    Hello there,

    I've been given to understand that OSX's 'contract' forbids its installation in anything but Mac hardware, right? It is illegal to start with. Supporting this circumstance, from the threads I've read here, most forum members consider installing OSX in non-Apple hardware something almost 'immoral' and the 'hackintoshes' abominable creatures.

    On the other hand (and this is the part where I am not really clear), iPhones are designed to work with a carrier (a single one I think), their software is designed to support this carrier, and there might also be a 'contract' forbidding this software to be hacked or the carrier to be changed.

    The point of 'jailbreaking' an iPhone is to get rid of this carrier by hacking the software, right? But this later activity (jailbreaking), which is also illegal (isn't it?) seems to be not condemned by Mac users (even those which condemn the former illegal activity) right? It is also popularly acknowledged and 'supported' (even in this forums there are dedicated sections to 'jailbreaking').

    That makes me wonder, if both activities are illegal (from Apple's standpoint at least), involve breaking the contract with Apple, and means users are misusing an Apple product (ignoring Apple's 'advice', and otherwise 'betraying' that admired company): why aren't they both condemned?

    EDIT: Alright, I've just read that jailbreaking involves more allowing applications to be run, but according to Apple it is still illegal, so my question stands.

    Thanks,
    Joe.
     
  2. maflynn Moderator

    maflynn

    Staff Member

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    May 3, 2009
    Location:
    Boston
    #2
    I think its apple's and oranges. I don't think you can compare installing OSX on a PC and jailbreaking an iPhone, two completely different actions.
     
  3. StruckANerve macrumors 6502

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    Dec 31, 2008
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    Rio Rancho, NM
    #3
    Both practices should be perfectly legal and I think Apple is over stepping it's boundaries. The idea that Apple thinks they can control what you do with your own personal property is idiotic. You're not renting an iPhone from them. Imagine if Ford or Toyota told you it was illegal to put non Manufacturer parts on the vehicle after you bought it.
     
  4. HyperX13 macrumors 6502

    Joined:
    Sep 3, 2009
    #4
    Or for that matter removing DRM from a song you download is also against some EULA. Ripping a DVD is also illegal. I think people are so worried that Apple's underlying business is being attacked, they do not support it.

    But hey - Apple is not only one doing it. A friend just had his warranty voided on his car because he put a tune on it that gave it more horses.
     
  5. ttopp macrumors regular

    Joined:
    Mar 1, 2007
    #5
    i think Joe is saying that the mac community is ok about jailbreaking but against hackintoshes.

    i think both are illegal.. but if you do it and its not for commercial gain then i think there would be a problem in getting it to court. i think it really only stands when/if you are trying to make money from it.

    i mean if apple found out that I had bought and installed OS X on an acer im sure they would just be like "whatever".. but if i illegally downloaded OS X they may try and sue or if i tried to sell said acer or the way i did it, they again may try and sue.

    but if you pay for it and only you use it i think you can do whatever you want as long as it is only for and used by you..
     
  6. joe.pelayo thread starter macrumors member

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    Dec 12, 2009
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    Mexico City
    #6
    Both activities involve breaking the terms of a contract with Apple (I am not going as far as telling it is illegal because from what I have read jailbreaking is formally not, even though Apple is pushing for it).

    Both activities involve the 'misuse' of a product (again as stated by a manufacturer). What I don't get is why people 'jump' against one activity but even applauds the other one. You don't like a product, you don't get it, it can not be simpler!

    To be fair there should be a section in this forums providing guides of how to install copies people buy of OSX in non-Apple hardware... (is there?)

    Thanks,
    Joe.

    I agree with you so far, and yes, that's my original point.

    Why some 'outlaws' are well treated and others are not?

    Thanks,
    Joe.
     
  7. maflynn Moderator

    maflynn

    Staff Member

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    Boston
    #7
    I believe the courts have stated otherwise. Apple was victorious over prystar, so while you may think apple is over stepping their boundaries, clearly the court system (those that define said boundaries) disagrees with your assessment.
     
  8. StruckANerve macrumors 6502

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    Dec 31, 2008
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    Rio Rancho, NM
    #8
    Completely different scenario. Psystar was distributing copyrighted material for profit. Unlocking and Jailbreaking your iPhone or buying a computer and a OSX license and building a computer for your own personal use is not the same as what Apple sued over.
     
  9. balamw Moderator

    balamw

    Staff Member

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    Location:
    New England
    #9
    There are plenty of forums that specialize in that, so there is no need for it to be discussed in a separate forum here.

    Jailbreaking and Hackintoshing are very different activities.

    In one case (Jailbreak) you buy and re-purpose Apple hardware (iPhone), just like buying a Mac and replacing the OS with Windows or Linux only. Both are activities that are tolerated around here. However copyright violations are not tolerated. Installing a torrented Windows is frowned upon as is installing app-store apps by "other means". "Hi folks, I just torrented Windows 7 Super-duper ultimate and am having trouble installing it" is usually met with silence.

    In the other case (Hackintosh) you buy (or otherwise obtain) a copy of the OS and install it on a non-approved device. This would be more like taking iPhone OS or apps and and running them on a Nexus One. You have not bought the hardware from Apple. Even if the OS is available separately, it is priced and licensed under the assumption that it accompanies a hardware sale.

    Just because it's hard to enforce and folks will get away with it doesn't make it legal. Like jaywalking, parking violations and speeding, things can be against the rules(*) yet individuals stand very little chance of being penalized for breaking the rules. I agree with you that making this the foundation of your business model is just asking for it. (Like a pizzeria with a 30 mile delivery radius and a 30 minute guarantee. The only way that can work is if they speed like heck.)

    (*) I'll avoid saying "illegal" since that has implications that it might be a criminal activity instead of just a civil liability.

    B
     
  10. Ashka macrumors 6502a

    Ashka

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    New Zealand
    #10
    ...
    Right or Wrong, not excuses, you are all old enough to know which is which.
     
  11. pcs are junk macrumors 65816

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    Sep 28, 2009
    #11
    ok you see, they are both legal in a way, jailbreaking is your right, but since it was not designed by apple, they cannot fix any problems after its jailbroken. which is why jailbreaking voids ur EULA, which voids ur warranty. Now hackintosh's, thats a different story, i have successfully made 2 hackintosh's but then i realized i dont need them if i have a mac already. now the thing about that is, if you already own a mac, and if its for personal use, then im pretty sure it should be fine. but if you make a hackintosh for someone who doesnt already own a mac, then that could be a problem. apple doesnt want any of us to do this, but they are too rich to do anything. and what are the chances that you will get caught. and if you do get caught you can just say" but Apple, I love your company so much and I hate Microsoft, and I think it would be cooler then a piece of junk OS that always crashes. This is why I love your company, that it inspired me to do this because I love it so much. And hey, maybe you could benefit from me, and i could help you fix loopholes so other people don't do this. Maybe in your future OS's I could be a big help in your loopholes." or something along those lines. im sure theyd feel good or something i guess idk. but any way if you take a hackintosh to an apple store, they are going to be like "Dude this is fricken amazing! How'd you do this! Teach me please!" and they wont do anything cuz apple is so nice. but anyway jailbreaking is fine, its your own devices, thats like saying u can buy pie crust but not put any filling in it otherwise you'll go to jail for tampering with the company's recipe.
     
  12. eawmp1 macrumors 601

    eawmp1

    Joined:
    Feb 19, 2008
    Location:
    FL
    #12
    ^^^WHAT are you on and who is your dealer?

    Read the EULA's people...you are buying the hardware and licensing the software. Using either in a way not condoned by the actual software owner (Apple) is a violation of the EULA. In both cases it is legally wrong. However, I find that Apple's Think Different attitude and urging to be creative with Apple products extend up to its own software. Aftermarket software does allow you to alter the look of your OS on the computers. Far less modification is allowed on the iPhone.
     
  13. cjmillsnun macrumors 68020

    Joined:
    Aug 28, 2009
    #13
    Ummmmmmmmmmmmmm. I have to ask what you are on?

    Jailbreaking is something I used to do. However I have had problems with my iPhone before and decided it's not worth the hassle so restored to original Apple firmware. Guess what, zero problems, and my iPhone is now unlocked (thank you o2). I don't recommend it because it can cause more problems than it's worth.

    Hackintoshing is again something I used to do. I ran for about 12 months a Toshiba U200 as a HackBook whilst I decided whether I wanted to take the plunge and switch. I did and switched. However again, I don't recommend it because you are totally dependent on being very computer literate to make things work properly.

    I have nothing against either user, however having experienced both, I prefer to be in a supported, legal configuration so my iPhone is on Factory Firmware and I have 3 Macs.
     
  14. ttopp macrumors regular

    Joined:
    Mar 1, 2007
    #14
    I think it all boils down to personal use.

    If you purchase your stuff legaly and dont use it commercially or for profit then YOU can do what ever you want.

    They probably could try and sue you, but the courts would more than likely just throw it out.

    I think jail breaking/hackintosh are exactly the same thing (changing software) and i think both should b allowed but obviously the companies involved want to protect there investments thus tie in licences, hardware barriers and contracts.

    I dont know why some think one is ok and the other isnt.. people r just strange..
     

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