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Jailbreaking iPhones declared legal

by Sarah Griffiths on 27 July 2010, 16:15

Tags: Apple (NASDAQ:AAPL)

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Jailbreaking jeopardy

Apple's bid to strictly regulate its iPhone apps has faced a setback as ‘jailbreaking' of mobile devices is declared legal.

While the Library of Congress has stated it is legal to ‘jailbreak' or override a phone's controls to run any ‘lawfully obtained' programmes, Apple has said the practice could void its iPhone's warranty, according to The New York Times.

The non-profit Electronic Frontier Foundation had pushed the Library of Congress to grant an exception to the Digital Millennium Copyright Act to allow jailbreaking. 

While a lawyer at the digital rights group reportedly greeted the move as a ‘victory for iPhone owners,' Apple said jailbreaking and altering its phones encouraged piracy of applications.

Apple's desire to closely monitor the applications available via its App Store has been widely reported. The company has previously argued modified phones infringe on its copyrights as they use altered versions of its iOS. It said jailbreaking could also put iPhone users at increased risk of security problems and causes problems for its customer support staff.   

Natalie Kerris, a spokeswoman for Apple told the newspaper:  "Apple's goal has always been to ensure that our customers have a great experience with their iPhone, and we know that jailbreaking can severely degrade the experience. As we've said before, the vast majority of customers do not jailbreak their iPhones, as this can violate the warranty and can cause the iPhone to become unstable and not work reliably."

However, many iPhone owners want to gain access to unavailable apps and features. The jailbreaking decision could effectively open up  Apple's platform for the tech-savvy. 

Unapproved applications reportedly being snapped up by iPhone users include tools to sync video and music with a computer as well as another app that allows users to share their phone's internet connection with a computer, something some networks charge extra for. 

Currently an underground network, app developers have reportedly greeted the jailbreaking decision with enthusiasm. 

Mario Ciabarra, who runs software store Rock Your Phone, told the New York Times: "There's been some negative connotations with the jailbreak community. "That legitimacy will go a long way in terms of bolstering our business and the apps business."

In fact, Ciabarra said the jailbreaking decision could actually boost the iPhone's appeal, attracting consumers who were turned off by Apple's super protective stance on its apps and increase the competition with the increasingly popular open source Android platform.

Jailbreaker facilitators had reportedly feared the wrath of Apple, although the firm has not actively hunted down any websites or developers that help iPhone users adapt their mobiles.

With leaks, ‘antennagate' and now jailbreaking forcing Apple to relax its rules on applications, many analysts are waiting to see how the company will meet new challenges going forward. 



HEXUS Forums :: 8 Comments

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I'm not an iPhone user, but it should be legal - You bought the hardware. Acer doesn't stop you installing Linux on its laptops.

*Sent from my Android phone :P*
PC4Free
I'm not an iPhone user, but it should be legal - You bought the hardware. Acer doesn't stop you installing Linux on its laptops.

*Sent from my Android phone :P*

completely agree, most android manufacturers accept that users root their handsets, but just don't support the consequences if it goes wrong, which is fair enough. why do apple have to always try and be awkward about everything!
yay! i pay for it so i should be able to choose what or how i wanna use it albeit it has to be legal.
To be fair, this does only clarify the situation - Apple have never (to my knowledge) tried to prosecute anyone for jailbreaking, and have only invalidated warranties..which is perfectly reasonable. I also think its reasonable for them to try and prevent it in their software updates, something else which is still legal and just for them to do (since jailbreaks by their very nature modify apple software or take advantage of bugs, right?)

I don't intend to jailbreak my iphone (if I did that..I may as well buy an android phone), but I suppose this is good clarification for those that do.
As people have said, this pretty much reaffirms what was already known.

On the subject of jailbreaking/rooting voiding a warranty. In my not-so-humble opinion, if a hardware fault develops on a rooted phone, the fact that it is/was rooted should have absolutely no bearing on whether the warranty will be honoured.