iPhone Jailbreak dispute heads to court

By Justin Mann on May 4, 2009, 8:04 PM
Who is it in the end that owns the iPhone? The user who paid for it, or the company who manufactured it? That is the question that has led to a lot of bitterness between those who want to jailbreak their iPhone without feeling like a criminal, and Apple who wants to maintain control over the device after it is sold. Now Apple is set to head to court to defend their stance against jailbreaking.

Their opponents, Apple customers themselves, are wishing for the US Copyright Office to allow for an exception in the Digital Millennium Copyright Act (DMCA), so jailbreaking is no longer considered illegal. This could be troublesome for Apple, who currently acts quickly to take down sites and servers that host jailbreaking software or provide information on how to get it done. It's a common move for them, which unfortunately often puts them at odds with their own user base.

Apple isn't the only company who could be affected by this lawsuit Google also attempts to discourage, if not outright ban, the ability to jailbreak Android on T-Mobile phones, however Apple certainly remains the most covered opponent of jailbreaking, primarily due to the sheer success of the iPhone and its App Store.

User Comments: 7

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howzz1854 said:
just make the phone available to all networks... problem solved. this would never be a problem in Europe or Asia. try pulling this kind of network exclusivity crap overseas, you get slammed by the EU government.
captain828 said:
Yeah, the EU should REALLY hit Apple with a hefty fine...Where I'm at, Romania, there is only Orange that sells the iPhone, but they charge an arm and a leg for it or a craptacular subscription.So, if I were to want an iPhone, which I don't, I would have to 'illegally' hack it in order to use Vodafone's network. Then I would have to wait for a new hack in case of an update.
Rick said:
[b]Originally posted by howzz1854:[/b][quote]just make the phone available to all networks... problem solved. [/quote]No, it isn't solved.. Because jailbreaking is unlocking the software -- not the carrier network. This is something very different.What this is *really* about is whether or not you have the freedom to modify the software on a phone you paid for. Apple argues they should be able to control your experience; their perspective is they know best and the App Store meets the needs of everyone. Jailbreakers argue that Apple shouldn't be able to tell you what to install on YOUR phone; their perspective is if you own it, you should be able to put anything you'd like on it. Also, Apple doesn't give developers to kind of freedom to make apps like the ones available on Cydia (Jailbroken software repository) that allow skin and sound customizations, apps that run in the background, BSD subsystem etc...
black_adder said:
its the same in the EU as it is in the US... Only 1 provider in each country sells and supports the Iphone, as chosen by Apple. So your Comment kinda fails Howzz =D sorry.In the UK it's O2Annnywhoo... i still think its wrong that they ban Jailbreaking... I have an iPhone, and mine IS NOT jailbroken, but sometimes I wish it was, with the Lack of obvious things missing from the iPhone... Jailbraking would add those things, but also take away some others
tengeta said:
The iPhone is like the PSP, a device with potential that is locked up so they can release it incrementally through updates and make you think they made progress when its just crap thats always been there. The jailbreak and homebrew movements have come under serious fire because they prove it.
Von RIff said:
yess jailbreaking helps in the development of sucky Iphone functions and stuff...Its only good for the wow factor to show of...thats all...nothing so glamourous on its functions, except for the touch sreenie paddie thingy....so Apple should be glad people are still paying a hefty price for such a crap (well a super nice looking crap i would say, but thats not my point)...
Eddie_42 said:
Follow these steps:go to your favorite search enginetype in Kathy Griffin Steve Wozniak iPhonelaugh at apple hacking there own phones on national broadcast TVSteve 'Woz' Wozniak is a Co-Founder of apple for those of you who might be unsure. Although he isn't in a critical position (CEO, COO, VP), he still works for apple.
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