EFF crossed swords with Apple over making Jailbreaking iPhone Legitimate
Last Friday, EFF (Electronic Frontier Foundation) crossed swords with Apple over making jailbreaking iPhone legitimate. In February, Apple had informed the U.S Copyright Office that it believed jailbreaking an iPhone is a violation of the DMCA and infringes on its copyright. In my earlier article, I had covered how EFF...
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I'd imagine Apple at least could approve jail breaking with disclaimer saying user looses all warranty and support rights.
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While I definitely support jailbreaking, I can also see Apple's arguments. I think the best way to go would be to have Apple not support jailbreaking and not have their hands tied when it comes to developing firmware (as far as having to work around jailbreaks in order not to cause problems), but at the same time not be allowed to do anything that specifically prevents jailbreaking or intentionally bricks a jailbroken iPhone.
More along the lines of, "We acknowledge you. Now you tend to your business and we will tend to ours."
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i honestly believe apple does not have a case. The EFF has the perfect point with the car analogy. Once the user buys the iphone, it is the users property and they can do with it what they wish. Just as linux can be installed on a new windows computer, jailbreak software can be installed on a new apple iphone.
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Apple will not win this the EFF argument is plain common sense once you purchase an item whether its a phone or anything else it is your property to do what you want and Apple has no right to tell u how to use it and how you can use it.
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I think Apple will loose a few battles by allowing things like competition, personalization, and even mature content in on the fun but will win the war when there's no further need to jailbreak... That almost seems impossible although I hear Apple is already asking some developers who's apps were once rejected to re-submit their apps for approval due to a new parental control feature being added to the new OS. Even the FCC has become more liberal with time.
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I love Apple and I do see their point but I have to say that the EFF will probably win this battle eventually.
Id like to add to the car analogy though.
Say you buy your car from Nissan. Although Nissan doesn't give you a map and say you can only drive here and you can only have premium gas and all that. They do make it to were if you add ANYTHING to the car (Electric/Internal) than it completely voids your warranty. This included getting your oil changed!
So in the end, I think that Apple should allow jailbreaking. Hell. Maybe they could even only allow their own jailbreaking application to work idk, but once an iOwner does this it voids your customer service help (unless restored) and certain warranty issues (Im sure most could be fixed with a simple restore).
Thats just my opinion though.
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Come on name one personal computer like device that you can only install what the maker of the device makes. If you buy a PC from HP which they hold the support for hardware and software issues does that mean you can only install things HP makes? no you can install or do anything you want and if you screw up the PC and call for support they might make you format and use recovery disk to bring the system back to day one for troubleshooting. You wouldn't need to jailbreak it if the device was opened anyway. People that buy things should be able to do what they want and install what they want. Would you want to buy a sports car that could do 200 miles per hour and 0-60 in like seconds but since the national speed limit is 70 max the new car you bought can pnly do 70mph. After all anything more then that would be illegal anyway right?????
Just like a car you change somethign to aftermarket the car dealer still must support it unless the change you made caused the failure.
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Seems to me that Apple will lose this but...
The iPhone is nowhere near as discounted by carriers as other phones, as the must have gadget, they want to protect the income
As iTunes lock you into the iPod range and maximise revenue for Apple, (even if only by making certain things awkward), the AppStore is an important and growing source of both income and market profile for Apple so they want to protect the income
By taking the stance they do, Apple are protecting their income. You got a problem, change society!
By the time this all goes through, Apple may lose but at the very least, I guarantee they will have, if not a new product, then one that is significantly different so that the ruling will be invalid and hence going forward, Apple protect their income.
Cynical but hey "follow the money"
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If the price of an iPhone is subsidized by the content you are purchasing, then I think there is a valid argument for locking the device. However for such an argument to work, you would need to offer the device at a higher cost in an unlocked format.
I guess the same argument for locking the device to Appstore/iTunes is the same one about locking a device to a network provider.
If you're prepared to offer the device unsubsidized, then that's fine. But it's clear Apple do not subsidize the purchase price in this way.
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Kraven, there is a difference between unlocking and jailbreaking. I agree with your subsidized analogy for unlocking.
However, this is about jailbreaking.
The car analogy wasn't the strongest IMHO. The personal computer IS the exact analogy that applies to jailbreaking.
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"It could also give rise to unlawful activities, such as unrestricted **** material, other copyright infringements such as movies, games as the content will not longer require any approval from the iTune store" <<-- That's rather stupid considering you can download any movies or copy DVD's and put them on the iPhone. What's to stop a younger person from doing that? DUH Apple..
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very very good points man
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as i am not completely up on copyrights. i will make a statement that may not be correct.
the Iphone is hardware the programs and operating system in it are copyrighted so if we choose to use other or different copyrighted programs how are we infringing on there copyright.
i dont program so this could be way off base. -
If Jailbreak gets legalized, it will be like Apple created its own powerful opponent. At the end, Jailbreak right now is more on the hidden side, with people using it. Many people don't like the idea of jailbreaking because it is not "official", but if jailbreaking becomes legal, many of them will just do it as well.
'Grats apple. You never cease to amuse me[/sarcasm].
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i think apple is doing monopoly policy,
apple has only created an instrument, like computer,
it is now the choice of customer which software to use on it,
like intel cant ask people to use specific software,
apple has created an iphone and its only right is to sell the instrument and earn money, by forcing to use their software apple is dictating terms to customer. no Doubt apple has created an fantastic instrument an all credit is theirs . -
Its like buying a computer. Once you buy that computer you can change software and do whatever you want to it.. This phone is no different!!
