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February 13th, 2009

Apple: Jailbreaking an iPhone = copyright infringement & DMCA violation

Posted by Adrian Kingsley-Hughes @ 7:20 am

Categories: Apple

Tags: Apple iPhone, DMCA, Apple Inc., Digital Media, Consumer Electronics, Personal Technology, Adrian Kingsley-Hughes

It seems that Apple is growing tired of iPhone jailbreakers getting a free ride and is pushing to make jailbreaking illegal:

Jailbreaking an iPhone constitutes copyright infringement and a DMCA violation, says Apple in comments filed with the Copyright Office as part of the 2009 DMCA triennial rulemaking. This marks the first formal public statement by Apple about its legal stance on iPhone jailbreaking.

Apple’s iPhone, now the best-selling cellular phone in the U.S., has been designed with restrictions that prevent owners from running applications obtained from sources other than Apple’s own iTunes App Store. “Jailbreaking” is the term used for removing these restrictions, thereby liberating your phone from Apple’s software “jail.” Estimates put the number of iPhone owners who have jailbroken their phones in the hundreds of thousands.

Should jailbreaking an iPhone be illegal?

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While this is undoubtedly FUD, it also serves as a clear indication of Apple’s growing dissatisfaction with those who jailbreak their iPhone. Since trying to make the jailbreak process harder hasn’t worked, the company is now trying to get the law on its side.

Adrian Kingsley-HughesAdrian is a technology journalist and author who has devoted over a decade to helping users get the most from technology. He also runs a popular blog called The PC Doctor. See his full profile and disclosure of his industry affiliations

Want to get in touch? Got a tip? Feel free to drop me a note! I ALWAYS respect anonymity. I'm also on Twitter (@the_pc_doc)

Right to Reply: Should any industry representatives wish to comment on any posts on Hardware 2.0, I will be happy to publish their reply verbatim on this blog.

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  • Talkback
  • Most Recent of 48 Talkback(s)
RE: Apple: Jailbreaking an iPhone = copyright infringement
I don't see how they could disallow you to jailbreak the phone unless they lease you the phone with a lease agreement.

I could see the AT&T agreement making it illegal to use jailbroke apps t... (Read the rest)
Posted by: vpaulg Posted on: 02/17/09 You are currently: a Guest | | Terms of Use
(Physical Property)  John L. Ries | 02/13/09
Or ...  Adrian Kingsley-HughesZDNet Moderator | 02/13/09
A better solution...  hamobu | 02/14/09
Well I do not know who made Apple...  mrlinux | 02/16/09
But what about Apple's open letter decrying DRM?  NonZealot | 02/13/09
oh yes, Apple is only against protecting IP rights of others  honeymonster | 02/13/09
Some pre-coffee thinking?  DannyO_0x98 | 02/13/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  rrmcco | 02/13/09
You can  mdemuth | 02/13/09
No, you should not 'shut up and use it the way you are told'  Lerianis | 02/13/09
Really?  macadam | 02/13/09
No. you are incorrect  mdemuth | 02/13/09
Actually, copyright laws tell you ...  msalzberg | 02/13/09
Copyright prevents you from distributing information...  hamobu | 02/14/09
Wrong, wrong, wrong!!!!!  msalzberg | 02/14/09
You may be right, but...  hamobu | 02/14/09
@hamobu....But? But?  msalzberg | 02/14/09
because an car is just hardware and an iPhone is hardware and software...  doctorSpoc | 02/13/09
Did you read the link?  rpmyers1 | 02/13/09
what link? nt.  doctorSpoc | 02/13/09
you didn't you actually read the court decsion they point to?  doctorSpoc | 02/13/09
Subsidy Unlock  JT82 | 02/13/09
Reality bytes.  HypnoToad | 02/13/09
When you declare that there's a...  msalzberg | 02/13/09
Does the iphone include any open source components?  HypnoToad | 02/13/09
I think it does include some but under BSD license  hamobu | 02/14/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  infocomp | 02/13/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  infocomp | 02/13/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  shonyx | 02/13/09
The Truth. (long reply)  alexmawdsley | 02/13/09
Get a Nokia: No Jailbreaking Required  no_zd_user_name | 02/13/09
I agree, iPhone isn't worth the hassle  NonZealot | 02/13/09
Ah. Well, at least I know your gender now.  no_zd_user_name | 02/13/09
How did I know..  msalzberg | 02/14/09
Who voted against jailbraking?  hamobu | 02/14/09
I feel sorry for you...  msalzberg | 02/14/09
I doubt he owns one.  TripleII | 02/14/09
Please see my response to hamobu, below...  msalzberg | 02/14/09
No, but you can't force me to use it.  TripleII | 02/15/09
I think you have the timeline wrong...  msalzberg | 02/15/09
Went by story PDF.  TripleII | 02/16/09
No freedom to breathe air in the constitution either  hamobu | 02/14/09
So you are a loose contructionist, then?  msalzberg | 02/14/09
I hear ya...  MGP2 | 02/14/09
Better link outlining the pure FUD part.  TripleII | 02/14/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  shonyx | 02/14/09
RE:  puffmanxx | 02/16/09
RE: Apple: Jailbreaking an iPhone = copyright infringement  vpaulg | 02/17/09

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