Apple: iPhone Jailbreak hack violates the law

Apple: iPhone Jailbreak hack violates the law

Hacking an iPhone is against the law, Apple has argued in comments filed with the U.S. Copyright Office.

The Electronic Frontier Foundation (EFF) believe this to be the first public statement from Apple about its legal position on “jailbreaking,” – hacking an iPhone to install third-party applications not sold via Apple’s own App Store.

According to Apple, jailbreaking an iPhone breaks the law because the process relies on pirated copies of the bootloader and operating system.

“Infringing reproductions of those works are created each time they are downloaded through Pwnage Tool and loaded onto the iPhone,” said Apple.

Apple also argue that a jailbroken iPhone leads to even more piracy. “In addition, the jailbroken OS enabled pirated copies of Apple copyrighted content and other third-party content such as games and applications to play on the iPhone, resulting in further infringing uses of copyrighted works and diminished incentive to create those works in the first place.”

Yesterday, the EFF IP expert had this to say about Apple’s statement:

“Apple justifies [its position] by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability and swing the doors wide for those who want to run pirated software,” said Lohmann in an EFF blog. “If this sounds like FUD [fear, uncertainty and doubt], that’s because it is.”

Elsewhere, Lohmann called Apple’s take on jailbreaking an “absurdity.”

“One need only transpose Apple’s arguments to the world of automobiles to recognize their absurdity,” Lohmann said. “General Motors might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. But we’d never accept this corporate paternalism as a justification for welding every car hood shut and imposing legal liability on car buffs tinkering in their garages.”

Click here to get yourself a free iphone and if you do jailbreak it, visit my Yellowsnow page to find out how to unlock your iPhone to all networks.

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Tom has been writing about the iPhone since 2007 and is well known as an expert in his field with multiple blogs and numerous articles being published on technology and mobile phone websites.

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7 thoughts on “Apple: iPhone Jailbreak hack violates the law

  1. kyle

    Thats bull, apple doesnt have the right to tell what the owners of their products what they cant do with it. I think people should use their own judgement on wether or not to jailbrake there ipods.

  2. Luis Narvaez@home security burglar alarms

    I think that Apple is just worried about losing application sales. I mean take video game consoles as an example. It it illegal to have pirated games still a lot of people still crack consoles. Apple’s strategy is more geared towards scaring away people from messing with their iphone so they can make more money. How come Google’s mobile phone OS is open source? Apple should think the same or they may end up losing developer support in the end.

    Luis Narvaez’s last blog post..Wireless Burglar Alarm Systems- To Go Wireless or Not?

  3. dave@free apple products

    Since you have brought your Apple product wouldn’t it be nice if you were free to do whatever you want to it. One of the reasons they care about this is their exclusive contracts with phone companies to have only one network enabled on their product.

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