Could jailbreaking your iPhone land you in jail?

Should Apple be able to tell you what you can and cannot do once you have bought it? HELL NO. Is Apple also going to come after me for overclocking my Mac or installing my own RAM?

Should Apple disable or cripple your jailbroken iPhone with software updates? Sure, if they want to. Apple has no obligation to support hardware that has been hacked. Should jailbreaking an iPhone void the warranty and/or AppleCare agreement? Yes, of course.

You jailbreak your device, you assume the risks if something goes wrong. I don't know why anyone would want to use iPhone on another carrier anyway(the only US one it would work with is T-Mobile).

This is a device that I've purchased; something that I own. I'm free to do with my property what I deem appropriate. For an analogy, imagine if you bought a Ford truck and Ford insisted that you only use Ford gas and Ford washer fluid, only take the truck to authorized Ford repair facilities and were only allowed to use Ford-manufactured tires.

"Greed", for lack of a better word, "is NOT good". This is yet another example of why Apple is, and ALWAYS WILL BE a "little" player in the world of computers. It's sad, because they are so good, but like the anti-hero of a Greek tragedy, they are always cursed by their own narcissism. I admire them, but I won't buy them for so long as there is a comparable (if not quite as good) open choice. Ultimately they are ant-consumer no matter how much they self-delude themselves to the contrary.

I'm not renting my phone; I purchased my generation one iPhone for a ridiculous amount of money. If I want to hack it and endanger my hardware that's my choice.

Should Apple also be able to tell consumers that they're not allowed to put Linux on their Macbooks? No!

There is a price to pay for security. There is a reason why Apple Inc. products have a better track record in the "security" arena than it's Microsoft competitor. Sad to say, but some people need to be protected from themselves. There is a fine line between freedom of choice and control to protect the public. You are never going to please everyone and Apple Inc. is OK making a view people angry in order to give the majority an opportunity to have a computer and phone experience without viruses and malware. To quote Apple Inc.'s catch phrase, "It just works." If you are not satisfied with what the iPhone offers, buy something else... that's freedom of choice.

There's a difference between the apps found in the App store and those made by the jailbreak community. Some relatively obvious that Apple should've included from the get-go (copy/paste) and some that allow you to modify the themes of your phone. If I paid $200 for my phone why should I not be allowed to do what I wish with it? I'm not renting my phone from them. I can't return it and get some sort of refund if I was to finish my expensive two year contract with AT&T and once my two years are up they still won't allow me to go to Tmobile where I can get service for half the cost. It's MY phone. What really freaks Apple out? Their roots are based on being different and against the conventional norm and now they're complaining?

My iPhone is jailbroken and I'm with AT&T. If I wasn't with AT&T then I would have paid full price for my iPhone which doesn't hurt AT&T. If I paid half price for the phone and gone with a different cell phone company then AT&T still has a 2 year contract on me AND getting paid at least $70 for a $49.99 minimum phone plan and $20 for the mandatory data plan. Who are they losing their? I'm paying for a service I'm not using.

Think of this not as a phone but as a computing device that has a phone built in. If Microsoft declared it illegal to use your Microsoft wireless mouse with a non-Microsoft program we'd be all over them. If you pay for your iPhone computer, you should be able to add to it the applications you want whether they come from the Apple store or not. If I were given the thing I would want to tether it to my Linux notebook. If I pay for the iPhone then why should I be locked into using ATT as a phone carrier? We broke up the Ma Bell phone monopoly years ago. At home I can choose a different carrier. Why shouldn't I be able to do the same with my wireless service on a phone I own?

Well... Apple has the right to sell their products on their terms... and I have the right to buy a phone from someone else.

 
Economy needs to grow, - JailGuard Unions need more work
Copyright ,soon to be extended to you DNA
The copyright of any part of Lucy's DNA
Passed on in perptuity, - are you ever indebted.

People need to familiarize themselves with "Terms and Conditions" and software licensing. Just because you bought the hardware, you don't own the software. You buy the right to use it only under the condition that you follow the terms of the licensing contract.

If you don't like it, go with another company that offers a contract within which you're willing to work. Even GNU has its limitations.

Apple doesn't get to decide what is "legal" or not. I can understand that they would want to protect their carrier agreement and I have no problem with that. I also understand that do not have to honor a warranty on an altered device (within reason).

However, they cannot dictate to me what I do with the hardware after I've purchased it. A knife maker cannot tell me what foods I am/am not allowed to cut and slice, or what products/techniques I may use to sharpen said knives legally. I view the iPhone in the same manner.

If someone can find a way to make the device they've purchased better or more to their tastes, then they should be able to. If they use pirated software or stolen files, then the issue of legality should be between that person and owner of the software rights. The hardware manufacturer should have no say.

I won't get into the issue of the DCMA being unconstitutional, because that's been done to death.

First of all, jailbreaking your iPhone does not unlock it, that is a seperate process in order to be able to use it on any carrier. Second of all, if you do jailbreak your phone, then it is no longer covered under warranty, and are not covered under wireless insurance Why would anyone want to do that? They are expensive enough as it is, but who wants to buy another one when things stop working?

Apple is nothing more than a toy maker with an inflated ego. They do make beautiful toys, but they come with so many limitations and problems that they will never become mainstream.
Side note: I will never buy an iPhone as long as I have to use iTunes to control it. iTunes makes Windows Vista look like decent user-friendly software.....

Once again Apple makes the mistakes that made them an "also ran" in the 90's after a considerable head start.

iPhone/Objective-c = Macintosh, G1/Android = PC

Sadly all phone carriers in the US have limited the functionality of their phones. Most of the cell phones we use have much more capabilities that is not allowed to be used. IE...bluetooth functions and so on... Second, Apple has always tried to hinder the user/customer to modifying their products. That was always their biggest knock against them with their computers and the biggest reason PC's won out. I agree that the Iphone is more of a personal handheld computer than a phone and it looks to me that Apple is continuing is time honored tradition of hindering modification. Ultimately this will cost them. Another player like Google: Android or possibly a new Microsoft OS will beat them as more and more developers pop up to create apps and functionality for phones. The Iphone is a great product and very ground breaking in the phone industry but other phones are rapidly catching up. Apple should of learned their lesson from the computer wars but seems they haven't.

Two things:
1) Tacos
2) Iphone is my phone after I buy it

Once you own an iPhone you will understand why you would want to jailbreak it. I have a completely legal iPhone. I can't send MMS messages. There is an MMS application available by jalbreaking your phone. In fact, there are so many good apps available that are not available in the iTunes store.

Buy a G1 and you wont have this problem. Personally I would rather ram hot pokers into my eyes than use an Apple device.

I firmly agree with their stance on this issue. While the phone itself is a hardware device, the phone encompasses an operating system to make that hardware actually work. They would have every legal validity to have a End User License Agreement to prevent the expansion and development of applications outside of the phone. It amazes me how many people install software or click "okay" or "yes" to end user license agreement, which stipulate legal usage. Those agreements are made by corporate attorneys and legal counsel for the company. Once you accept those terms, and then choose to violate those terms, you then have forfeited compliance.

Now, I think Apple, like any other company that fosters intellectual technological property (i.e. Microsoft), wants to make clear that if you plan to use your phone for jailbreaking, then face the consequences, much like installing multiple copies of computer software. That's the difficult balance of licensing and technology agreements. If you don't like it, then don't use the product. Simply, if you don't like the prospect, then create your own open or free product, but don't expect a company, who wants control over their technological product and usage, to not protect its interest.

lol, I remember in the 90's Microsoft tried something similar with its Windows operating system. IT WAS CALLED BUNDLING and everyone called it unfair business practice and they got sued over it.

I’m truly surprised that the lawyers aren’t screaming about this
"one carrier" (AT&T) issue. Sounds like a Monopoly to me.

Be careful Apple, Those who forget the past are doomed to repeat it.

Although I hate to admit it, there is such a thing as intellectual property rights. If I understand the process correctly, Jailbreaking an iPhone involves reverse-engineering the software that makes the iPhone work. Almost all non-GNU software includes usage stipulations forbidding such things. This is equivalent to hacking your Xbox. Now anyone who does this knows that they are crossing a legal line, whether they agree with it or not. The fact remains that the line still exists; it is only a question of how enforceable the violation of the rule is and whether you're willing to roll the dice or not.

As someone else pointed out, jailbreaking your phone does not enable you to use another service provider. You have to unlock the phone to do that.

I have an iPhone and an iPhone 3G, and I've jailbroken both of them. However, I ended up reverting it because of a problem that causes the phone to get stuck in an endless loop. Just look up "white apple of death" and you'll see coverage of this problem. Until Apple fixes the issue, my phones will remain jailed.

Still, I don't think there is anything wrong with jailbreaking, per se. There are lots of great programs that will never be in the App Store, like emulators for video game systems, and some that won't be in the store unless they modify the SDK, like video recorders and a zoom feature for the camera. If people are capable of making the phone do these things, then I should be able to do that. The phone belongs to me, not Apple.

And for those of you who are worried about having to "buy another one when things stop working" as a result of a jailbreak, you clearly have never jailbroken your phone. Even the endless loop I described above, the worst thing that ever happened to my phone as a result of jailbreaking, was completely fixable by restoring the phone. I've heard unlocking can be dangerous, but any problems with a jailbreak can be easily reversed.

hahaha...get a Windows Mobile device...they don't care what you do on them. It's better anyway, you can get the Skyfire browser which has Flash support. The iPhone can't do that as far as I know. Although, once they make the app store for WM 6.5 they will probably start locking things down so you can't use unapproved apps. And you don't need to jailbreak a WM device to use it as a modem on your laptop, you just need PDAnet installed...only a sucker would spend the extra $15 per month to pay to do that. With what Apple does to their customers, it's surprising that they have any customers at all.

Will SOMEONE please tell the folks at Apple THEY DON'T WANT TO MESS WITH THE CONSUMER! Stuff like this backfires.... It's my hardware I bought it and I will do with it what I want PERIOD.

nuff said...

I have the first gen iPhone, jailbroken and unlocked. I paid a significant sum and risked bricking my device (with no warranty) to unlock it during the summer of 2007. I was in a T-Mobile contract and wanted an iPhone, Apple should be excited to win me as a customer, I might be so inspired to buy a much more expensive Mac for my next laptop.

By pushing folks like me away, they're hurting their growth potential – they should embrace folks like me. They didn't offer a factory unlocked first gen iPhone.

Having hacked it, I have seen some performance issues, and occasionally things will get a bit wonky, but I did that to my phone. I take that risk. I once bricked my iPhone and had to switch the SIM card to my backup phone while I fixed it.

I use many great "jailbroken" applications, such as a video camera Cycorder, and the bluetooth switch – SwapBT. Many apps that Apple denies access to their store do simple things that requires 3 or more "clicks" in order to accomplish – such as turning on/off WiFi or Bluetooth... two features I use every day. I have two little applications that with one touch, turn either of them on or off, saves me the frustration I get when using the "Settings" application.

I can understand Apple wanting to protect their revenue, however you get more ants with honey than vinegar and the tighter you squeeze, the more sand slips between your fingers.. etc etc etc.

The whole "protection of users" argument is bullpucky... They can control all the software they want with the App Store, but if we choose to jailbreak/unlock and put our own software on, we're the ones risking our "security".

Apple doesn't really care about those of us who know how to hack, they just don't want the average hacking illiterate user to figure it out... Yes having to pay close attention to instructions and making sure you do things correctly with each software update is a pain, but for those of us willing, it's worth it. Apple updates and breaks a hack, the outstanding Dev Team figure out how to work around it.. it's a cat and mouse game, and the cat is slow because it is reactionary not proactive.

As far as bricking my phone, or opening myself to viruses, all I have to say is: RISK vs REWARD, the foundation of capitalism.

Who does Apple think they are. If I want to take my Iphone and drop it off a cliff, I will do it. They can't stop me. What? Are the Apple Troopers going to hunt me down and stop me? I don't think so. If I want to hack into my I-pod touch or MY i-phone, I will. Go ahead, track me down and see who's lawyer gets slapped first.

actually you do NOT own it – you bought it at a highly subsidized rate ($200).. So subsidized in fact, that my employer, AT&T, took a stock hit due to the cost of these subsidies.

If you are jail breaking a phone obtained after entering into a legal agreement with AT&T, you are in effect, stealing.

I think Apple and AT&T have every right to seek damages when people fraudulently obtain subsidized devices with the intention of canceling contracts. These phones are subsidized to get you onto data plans and keep you as a customer.

Once you're out of contract, the phone is all yours, but if you signed on the dotted line, you have a legal obligation to abide by the terms and rules of that agreement... simple as that..

I would like to add however that there are ways that you can jailbreak your phone that won't be stealing from Apple or AT&T:

1. you paid for the unlocked version ($600 on apple.com)
2. you bought 1st gen at full price (don't think it was subsidized)
3. you've satsified the terms of your agreement with your mobile operator (ATT in the usa)

I see people making comparisons to buying a ford, and it simply does not compare... Unless Ford paid for half the bill to give you the car at half price, under the condition that you change your oil at Ford's service departments,,, then they simply don't compare..

I know it feels like you bought the phone – and you did, but you also signed a contract to obtain that phone.

Its like Sony telling me what channels I can watch on my tv.....

wait -- so jailbreaking your iphone still doesn't unlock it? Interesting...

still, I don't think apple can stop you from doing it but there is no reason apple should be expected to support you when something goes wrong. seems like a blatant violation of their IP rights....

Yet another reason I never buy products from Apple.

Hell, no!

This is pure bullying on Apple's part. Sheesh!

Replace the battery yourself, go to jail

In 2yrs this will be a moot point. The Android will be polished & available on multiple networks.

"There are lots of great programs that will never be in the App Store, like emulators for video game systems" most if not all of which also tend to break several copyright laws.

This is why Apple will eventually go the way of the dogs unless they change their business practice of bullying their own customers. Open source and code sharing is getting more and more common with each passing day. Even hardcore digital rights advocates such as Microsoft have made concessions to that end (the lawsuits helped of course). It's the way of the future because it's the nature of the IT business. It's constantly evolving and as more people acquire the proper knowledge, they also acquire the skill to customize their digital wares/programs to fit their own needs/wants. For a "supposedly" visionary company like Apple, it's humorous that they're still trying to stick to an outdated "millenium" rule. The world today is already unrecognizable compared to year 1999 and 2000. I guess Steve Jobs is still hoping that his pancreas was functioning the way it was back then eh?

Why does all the yelling from the user community about how the device is theirs becuase they bought it... remind me of a group of petulant 3 year olds?

When did CNN become Slashdot?

Please... read the article, read and understand Apple's position. In their motion, they are not asking that jailbreaking be made illegal... they are only asking that it NOT be made legal.

There is difference.

Jay, you are completely wrong.
Macs have traditionally experienced far fewer viruses and other security flaws than Windows because the hacker community has been so obsessed with the evils of Microsoft. But as Apple gains market share, we've seen the level of Mac virus attacks go up. This sort of iron-grip tactic is exactly what fosters animosity and inspires virus-makers.
If you really believe the silly nonsense you've posted I bet you bought in to that ridiculous "they hate us for our freedom" line a few years back.

It is a common misconception, but even if you "buy" the product, you actually don't own it. It is similar to Microsoft Windows license agreement. You "pay" for the product, but if you read the license agreement, the product is not actually yours. Microsoft still has the ownership and rights over the product. I don't agree with Apple's policy. But I am not surprised either.

Apple is just too greedy. After all the money they have made from the people, now they want to control something that they have already purchased. So what if the user destroys his or her Iphone, it's their right, and not even Apple should be able to take that away. And you talk about their security? How come when a IPOD or IPHONE is stolen, Apple can do nothing to find the theif? Those theifs can register the apple product and Apple does nothing about it.

I love IPod, my friend has an IPHONE, but Apple is general is a greedy corporation.

If we repealed the DMCA, this wouldn't be an issue at all. People could do to the tools that they purchased as they choose without the threat of legal repercussions.

The only reason we could have "cloned" PCs, the basis of all consumer-level computer hardware today, is because of a reverse engineering method that is now banned by the DMCA.

"should they be able to tell you what you can and can’t do once you’ve bought it":

In the context of "if you want us to provide warranty service", then Yes, they should be able to set conditions on what you can and can't do to the device to continue to be covered by their support and service.

If iPhone owners want to do whatever with they phone, then of course they have the right to do so. Just don't expect Apple to provide support for software or hardware that's been tampered with.

I just installed a new Pioneer Stereo in my Ford, is Ford going file suit against now? It's my damn iPhone, my property. If I want to jump up and down on it, I can. I should be able to do whatever the hell I want to do with my own property (as long as I'm not hurting anyone, of course).

I bought the phone and will do whatever i like to it to make it compatible with my needs and requirements. If Apple has an issue with it, then apple can come sit on the chopping block in my kitchen. God gives you apple(s), make apple juice.

Comments prove that most people don't have a clue about copyright law.

Yes, you own the physical thing that is the phone and can do whatever you want with it, BUT, you don't own the software, you license it. Same with every other piece of software you've ever bought in your life (check the software agreement that comes with your computer software), and it means that you can't do what you want with the software because you actually don't own it, you've just bought the rights to use it.

Kind of like a parking spot – you don't own the parking lot, you just pay some money in return for a limited right to use it.

So, before you start talking about big, bad, Apple, simply realize they do what every other software producer on the planet does.

Congrats, Apple! You just made the Android superior to the iPhone.

Phone Fail.

If I BUY SOMTHING I have a RIGHT to do with it what ever I WANT! end of argument, They are RIPPING off people, THEY ONLY want to make more money PERIOD.

Shades of Microsoft getting busted for illegal bundling (ish), which was shades of IBM getting busted for the same thing (1969 for all you young whippersnappers out there).

Since both companies lost at trial and the market opened up considerably after, I have high hopes in this case as well.

Cardinal ... You think iTunes is harder to control than Vista? LOL ... please go back to using WIN NT please.

Yes, you bought the phone, which is hardware. But it runs on software. And software is like beer... you can't buy it; you can only rent it.

the 1982 "1984" ad was merely a preview if what Apple was to become.

We're all suckers for buying their products in the first place.

These phones are not subsidized but they would want you to believe that. You're able to unlock subsidized devices after 6 months of service. You can't do that with the iPhone. Even after your two years are up you cannot take the phone to another carrier because they don't unlock the iPhone and they have an exclusive agreement with AT&T to carry the device. You're stuck with AT&T even after your two years are up. On top of that they charge you an additional $10 to use the same network that 1st Gen users were paying $20 to access. Oh and they take away the 200 Text Messages. You can get a different phone, use the same 3G network and get text messages in a package for less than what they're charging someone w/ an iPhone 3G. In the end you're paying an extra $240 plus $120 if you buy the 200 text message plan. The phone is higher than the original one. How crooked is that? Screw Apple & AT&T. Give people what they want and they wouldn't have to be concerned about users jailbreaking.

If it was in the contract when I purchased my iPhone that I was just leasing it, then I can understand. I don't remember reading anything to that effect, so where are the legal grounds?

This is why I have NEVER and WILL NEVER buy an apple product.

First Facebook, now Apple! Soon people will say you can't even make a copy of your favorite Movie DVD or Music CD.......oh no wait that's already illegal. "Terms of Use" = Weasel clauses for Rich Insecure Control Freaks. For a country that preaches Freedom there certainly is a lack of it!

Oh, Jay, get with the program and the facts. Apple's computers and iPhone aren't any more secure than anyone else's. They simply aren't targeted by virus creators because there are too few of them to make it worth the effort. But make no mistake; a Mac can be infected just as easily as a PC.

And that's the fact, Jack!

i bought an ipod back in 2004 and it never held a charge. when i tried to return it, they wouldn't take it. haven't bought any apple products since then. they are the real monopoly. i fail to see why they didn't make the iphone available to every carrier. their paranoia will doom them...again!

I am very mad at you people for depriciating my stock and hacking into the i-phone. All of you need to stop this crime immediatly or i will have you sued. FAIR WARNING! When you signed the contract you agreed to abide by my terms and conditions. Read the contract! What you people are doing is the equivilant of insurance fraud meaning: that you bought somthing with the intent to change the service or alter its features. Dont let me catch you again!

Exactly, that is why I WILL NEVER BUY ANY APPLE PRODUCT!

I'm sorry but isn't this the exact thing that got Microsoft labled as a monopoly a few years ago? Jamming their OS with only Mircosoft approved applications? I fail to see the difference here. I'm not saying MS is a monopoly or that you shouldn't hack your iPhone but if there are apps you want and you are willing to void your warranty and risk destroying the property you bought with your own hard earned money, i say go ahead.

I WANT a hacked iPhone!! We live in cell phone hell where the only carrier is Verizon (which works VERY well, by the way) but I am a MAC user and I would love to have a smartphone that is compatible with Entourage, etc. I currently use a Palm 580p, but I cannot use it for email because I don't use Outlook and I would miss the upgrades – same goes for trying to use the new Blackberry Storm. To say this is frustrating is a minor understatement.

The cell phone companies and manufacturers are sending us down divergent paths and in the long run the consumer loses.

Man! Those jerks!
It's like that new music CD I just bought!
I mean, I own it so if I want to rip it to my laptop and make it available for anyone to download then I should be able to do whatever I ... want ... with my licensed product that .. I mean the user license is optional... right?

Forget apple, it's all about Microsoft!

LOVE IPHIONE BUT They make it SO EXPENSIVE TO HAVE IPHONE AND ATT. ITS A RIP OFF. THEY SHOULD BE MORE REASONABLE SO NOT TO ATTRCT JAILBREAKERS

If you have meet your commitment with At&T buy completing the contract or paying the early termination fee then you own the phone. You should be able to do what you want to it. Apple has the right to try to stop you by locking your phone if it finds unapproved software yet they have to be carefull because they risk damaging non modified phones and pissing off loyal customers. Its like overclocking your pc it fries your fault.

This is akin to the MPAA restricting the use of DVDs after they've been purchased by consumers. My iPhone's been jailbroken since the day I bought it, and, although I like Apple as a company and happen to be a Mac sysadmin, I don't think that, once you purchase your device, you should be restricted in any way from modifying it. I can understand Apple's point if users were leeching free services, but they're not. Companies overextending to control more than their products (their users in most cases) has become annoying and frivolous.

I dont own an iphone. Does the iphone require you to *license* the software? Without an explicit agreement between buyer and seller stating that it is a license not a purchase, the sale is assumed to be a purchase.

You buy a phone, you own it.
You buy a car, same thing.
Can GM tell you not to customize that $50,000 SUV?
How about your PC? Can you do what you want, or must you consult the manufacturer?
BS!!! F- Apple!!!

I work for T-mobile... boy would Apple be unhappy if they knew how many people use their device on T-mobiles network.

Customers want flexibility. If you're not meeting the demand. Don't expect them to continue to purchase mac products or not altering them so they ARE meeting those demands. By making it illegal, customers will stop buying, or flip a bird and continue to do as they please.

1 Head hauncho vs. 20mil users

Let's say the odds are pretty obvious. 1 Greedy person is not going to even RUFFLE feathers when he's against 20mil users just because he can't have it his way.

Power to the people.

the bigger issue is not that people are unlocking their phones....the bigger issue is that these companies are handicapping the phones and locking them in the first place.

I don't like the iphone and I don't use it...simple. I am convinced that open software/GNU software will eventually win and microsoft and Apple will have to find something else to do!

The Apple fanboys backing Apple here would be flipping out if MS decided one day that you could only load MS applications on windows. Pretty ridiculous.

Jay, the reason Apple has such "good" security is due to their absolutely tiny market share, not the quality of their programming. Apple's operating system is different from Windows and Linux, so attacks that work on a Windows box and attacks that work on a Linux box won't necessarily work on an Apple box. If you subscribe to any security bullitens, you'd know that Apple products are rampant with buffer overflow vulnerabilities. Their security comes from the fact that they're small time, and thus a waste of time.

By the way, there is considerable suspicion that most PC virus creators are obsessed Mac users. :- P

Oh, I'm sorry, so when people shelled out hundreds of dollars for this stupid phone they weren't actually buying it? Don't push people, Apple, you can't win and you will only look like jackasses.

the lawyers have struck again..... so – they won't sell you their product unless you sign a contract saying you can't buy any applications for it other than Apple's..... you have two options:
1. sign & buy it
2. don't buy it

Well, now I better understand where JK Rowling for the concept of goblin economic ideals from. Apple Inc.!

The Iphone is plain and boring using Apple's software. I was going to throw mine in the trash, until I found QuickPwn. Love the thing now. As far as warranty goes, just reload the original firmware and send it in. And how could Apple figure out who has jailbroken their Iphone?

Once a person buys something they should be able to do anything with it so long as it does not put other people at risk etc etc blah blah blah. The question is how far do we as a society want to allow organizations control of individuals lives, we haven't even started this convo yet.
If Apple wants to lease us these phones that's one thing but it's bought and payed for, the only time they should have any say is when I send this broke POS back on warranty.
Microsoft was seen as the evil big brother for a long time in the tech world. few have payed attention to the many signs from Apple. True colors shining through.

I just want to say upfront I am playing devil's advocate here:
You buy a DVD, yet the RIAA tells you what you can and can't do with it.
This isn't really about what you can or can't do to something you own, it's about reverse-engineering their product. There are two issues:
1. You did not reverse-engineer their product, the maker of the jailbreak software did
2. It has been ruled legal to reverse engineer for the purpose of interoperability, which jailbreaking would fall under
So this is pure scare tactics, Apple can't and won't sue individual iphone users. At best, they could sue the people who wrote the software, but they are probably clear too because of the interoperability ruling.

iPhone owners,
You can't buy the iPhone OS or boot loader software, which is the subject of Apple's petition to the copyright office. You cannot own it and never will own it. You are granted a conditional license to use. Accept the license or don't accept it – it's up to you. But, once you do accept it, you should hold up your end of the deal.

Part of activating the iphone is accepting the license. Part of accepting the license is agreeing not to jailbreak it. Go ahead and do so, just know I wouldn't want you as a customer either if you're going to renege on your end of the bargain.

Also, as they point out in the petition, part of the iPhone business model is making money off of the appstore. If it were not for the appstore commissions, Apple would have to charge much higher prices for the iPhone. So, it's not fair to buy the phone at an appstore subsidized price but then go against your agreement and work around the appstore.

if we buy it it's ours.. we are allowed to tweak the software to our convenience.. Just like when we hack our sattelight recievers because the companies charge an arm and a leg for crappy programming.
how many download and copy movies and music illegally – because it's to expensive to simply by the album for the one song you like

microsoft has viruses and everything wrong imaginable because it's a bunch of crap codeing..

linux can be modified anyway you like. this is the way to go... to bad most applications won't work on anything except windows.. why pay 300+ for windows every 2 years when you can hack it.

what's good for the goose is good for the gander.. so unless they want to jail 2/3's of the world population (including a majority of themselves) the can kiss me.. you know where!!

Well the interesting thing about this is that you own the hardware so there is no debate that you can do whatever you want to with the hardware.

On the software side things get more complicated. You could strip off the Apple OS and run Linux on the phone and Apple could say nothing about it, but when you hack the iPhone OS (because you're hacking the OS and NOT the phone – and I hope the press starts reporting this correctly) you can in fact violate their terms and there isn't much we can say about that – unfortunately.

*** There is a price to pay for security ***

My hacking my phone does not endanger your security in any way. So shove it, imbecile.

Apple is behaving as a tyranical dictator. This is the type of business model that has crippled their history. A history of donations to political candidates that most closely resemble their business model. If people open their eyes now, they can clearly see that socialism, when combined with inevitable human greed, has always historically proven that it is not about equality but rather about the ruling class bullying the masses. This is Apples ultimate goal.

I do not agree that Apple can tell you what you can or can't do with your device. But I do agree that certain practices may void their warranty, which is understandable.

I think this is just another thing that keeps the iPhone from being a real handheld computer. I installed an open source program on my Blackberry this week. It was free and Blackberry has no idea I did it.

Ok J,

As you ask, I will imagine that you've bought a Ford. I will also imagine that you freely entered into a contract with Ford stating that you will only use Ford gas and Ford washer fluid. Now you say you want to break that contract? Tough luck for you. You aren't buying something according to the terms and conditions you want to make up. You are buying something according to the terms and conditions that are specified by the mfr. and agreed by you at the time of purchase. Its a contract whether you like it or not. Don't like it? Then don't buy it and don't give your legal agreement to terms and conditions that you don't plan to uphold.

While you would like to own an Apple iphone with no restrictions on its use, that is not a deal that they are willing to make. They whys are irrelevant although easy to understand.

You are free to not buy their product. You are not free to agree to their terms and conditions, pay the fee for the phone and then violate the terms of the agreement any way you want.

People may not like it and if they dislike it enough and refuse to buy it, perhaps Apple will change their position. I personally think its very annoying, but I understand why they want the control and if I were a stockholder of Apple I would want my rights and profits protected. In your business, I assume that you expect your customers and suppliers to honor their contracts with you to the best of their ability. At a minimum you would expect that they not be deceitful when entering into a contract with you. Why should Apple not have the same rights?

Bring back land lines!!!!

I have a jailbroken iPhone. It is my iPhone. I paid full price and use it in a manner consistent with my needs. While I appreciate the work Apple expended to create some cool software, once I buy it then it is mine to do with whatever I want on a private basis.

Steve "Ego" Jobs might feel otherwise but then everyone knows him as a controlling arse so this should come as no surprise. Could you imagine if Dell told people they could only install a list of approved software and hardware on computers you purchased from them else legal trouble could ensue? Who would buy them???

I'll keep my jailbroken phone just the way I LIKE IT because I OWN IT. If Apple doesn't agree then they can refund me the purchase price and I will gladly get a BlackBerry Storm and use Verizon. Easy for me – Your call Apple.

Congrats Apple! I have been trying to decide whether to move all my electroncis media to my I-tunes/I-pod and purchase Apple TV for my home entertainment delivery system. You've made that decision for me.

As it is now, I'd need to hack my I-tunes to get the DVDs I own into my library. Will that be next on the hit list? Will putting my own DVDs on my I-pod or Apple TV be illegal?

One thing is now for sure, I won't have to worry about it!

Why do a few get so mad here? If you don't like it, don't buy it, can it be simpler? Why do people want to jailbreak the iPhone? Because they love it! There is no other phone that comes even close, it is pure jealousy. Why do I never hear anything about jailbreaking a Blackberry Storm? Because it is junk compared with the iPhone. Go buy an Android phone if you want an open system. Buy a WinMo phone if you want five-year old technology. But please, leave me and my 15 million or so happy iPhone users alone.

If the iPhone had never been jailbroken, I do not believe they would have sold nearly as many as they have.
Once Jailbroken, the possibilities are endless.

While I don't own an Apple iPhone or iTouch, if I bought it – I firmly believe that it's mine to do with as I please. I'm not renting my phone and I can't resell it back to the manufacturer or my carrier.

If I purchase a car and want to put in a better stereo, better tires, better wheels, a GPS system – I'm free to do with that as I like. It's my car, I paid for it and the auto company that manufactured the car isn't going to come after me for doing such things.

Same thing goes for my phone. I personally feel that if someone wants to make it their own either by adding their own "flair" to it by sticking plastic gems on it, changing their display picture or type of display icons on their phone, adding applications that aren't regulated or certified by the manufacturer – they should feel free to do so at their own risk. Likewise, the end user that makes these adjustments to their phone, such as jailbreaking it, should also be aware that doing such things to it can void the manufacturers warranty.

This is the only reason I have not purchased the Iphone. And pretty I will switch TModil's Google phone if Apple does not changes its policy.

What if the major car manufacturers told us we could not add aftermarket enhancements to their vehicles to improve fuel economy or air flow? What if Dell or HP told us we could not install any new hardware or software on their computers, we're stuck with what we get from the factory. If people are moding their iPhone to give it better functionality Apple/AT&T should take note and improve their phones service/functionality instead of squashing innovation.

The question is actually whether or not we should allow ANY cell provider or computer maker to "lock" their products to certain networks or application sources.

My attitude is that we should not allow any of this for two simple reason: first, that it stifles innovation and second, that it is unfair to the consumer. Apple's stance on this is a bit mystifying to me – they lost the computer battle to Microsoft for essentially the same practices. Clearly, Apple has not learned any lessons. I have looked at the iPhone and refused to buy it because of these limitations – I will not willingly lock myself into a closet.

So I can buy it but i cant alter it. Thats like saying i can buy a car but i cant change the radio because the radio isnt made by the same company i bought the car for. Give me a break; why stop w/ the applications. Why dont you fine me for putting a screen protector on the phone. What difference does it make? If i break it buy attempting to jailbreak it Apple wont give me another because they dont really offer a warranty. they can be so full of themselves sometimes it amazes me!!!!!!!!!!

1.) As if they are going to go after everyone who has jail broken their ipod or iphone.
2.) Tell me I can't jail break it and I will anyway.

When a company produces a product and LIMITS its capabilities just to ensure their corporate grip on the market... thats just sad.

Keep in mind for example that apple also makes Quicktime (a video compression format). For this very reason they wont allow a divx player on the iphone or a flash player for that matter. Both formats are BETTER but we are stuck with Quicktime.

As much as I love my mac and my iphone. I HATE Apple. And thats just sad because I have loved them for years (ever since I got my first mac in 1994) and always stood up for them when they damn near went out of business.

Come on Apple, stop fighting this worthless fight. We will all love you and buy your products if you just stop being a dictator.

Apple should not be able to do this you have already payed 200 for the iphone and it already breaks easily due to the glass touch screen. But jailbreaking you phone is dangrerous because if you dont do it right. when the iphone updates the phone could break. Plus apple is just to scared about losing money.

Personally I think one should be allowed to do what one wishes, but I can see the "other" side.

You have a device that can connect to both the cellular, wireless, and 3G networks. A program could (by intent or poor design) disrupt these networks for 10s/100s/1000s/? of other users, esp if it were an app that became widely distributed (maybe its a "cool" game or something..who knows). So there is a "concern" about letting "everybody/anybody" put "anything" on THEIR iphone since it is not impossible that it could effect OTHER iphones and the networks they use in general.

Would you like to assume the liability if something like the above scenario happened, and say a 911 call or similar emergency message were delayed or disrupted? Apple certainly doesn't, and they would be target #1 in any legal proceeding resulting from such an event since they have the deepest pockets.

Of course Apple is trying to leverage more control over its customers, but Apple certainly doesn't get to decide what is and is not legal. You bought the phone, do with it what you will.

In regards the the End User License Agreement: These are contracts that are forced by one party onto another after the original purchase. As such, they are not legally enforceable. If Apple had you sign an EULA before you purchased the phone they might have a leg to stand on. As it is, they don't.

Personally, I'd get a G1/Android phone. You don't even have to use Google apps (and therefore avoid the google datamining/ads) once you've bought the thing and you can install whatever you like.

I love my iPhone and I would consider jail-breaking if I could save money and join say Verizon who has better coverage where I live. If Verizon charged the same as AT&T I would stay with AT&T and forego the better coverage as it is nice to drive home and out of cell range.

People's analogies to cars and other personal property is not very valid. When you buy your iPhone, you are signing a contract and service agreement as to your use of the phone. As is the problem with our economy I guess, and mortgages, too many people sign contracts, and then feel they don't have to honor them any longer. No one forces anyone to buy an iPhone. You do so voluntarily, and by agreement to certain terms. So "American" these days to want out of anything we "commit" to. Marriage, purchase agreements, credit card debt, mortgages, leases . . . the list goes on.

And for the record, if you have a new car, you actually have requirements to meet on that personal property too, or you may forfeit your warranty. You can't make make major modifications to your car's systems either.

Unfortunately Apple has a case in that you do not own the software that your hardware uses. you have purchased a liscence to run said software on your hardware if you agree to their conditions. One of which is that you can only run their apps.

Apple is being very aggresive in its business and is trying to dominate the market without the stigma Microsoft carries. The problem is that they are actually infringing on freedom of choice with their proprietary hardware/software without people realizing.

They have actually locked many features out of the iPhone, such as any bluetooth comunication other than handsets, such as transfering images to your laptop. This is intentional for whatever internal reason they have concocted.

I will never buy a Apple product. At least with Microsoft you know they are evil and will have to fix the problems yourself.

Apple's position is idiotic and they will loose in the end. Competition will bring open source products to market that will make Apple wish that hadn't been such a NURV.

I just bought an iphone last week. It's great, but could be even better if I could choose what apps I want to install without having to go through their 'approved' store where they filter out whatever they want (where's my ps3 blue tooth remote for blu-rays?). I don't care what it is, if I buy it, it's mine and I can do what I want with it. It's only a 2 year plan, so if Apple doesn't decide to open things up, I'll go to Android....I would have done that now if the next gen were out but I couldn't wait 6 months to get a new phone. The market will correct their ways.

No. I own my Iphone. What I do with it is mine not Apple's business. If Apple wants to prevent anyone from hacking the phone they need to open the operating systems up or analyze why people hack the phone and address those reasons in software updates and upgrades.

i wish they would open it up to other carriers...i love my verizon service and had a lot of problems with cingular / at&t in the past!

Apple cannot eat its cake and have it. If it wants to control the usage of the iphone, it should go into the phone Rental business. For instance when I rent a car from Hertz, I understand fully that I cannot modify anything in the car because I am renting it.

However if I buy the car, as I did the iphone, it is ridiculous that you can dictate what I can do with the iphone. Imagine buying a pair of jeans and being told the type of water and detergent that can be used with it in order to protect the originality of the product.

J you're actually wrong there. If you buy a car you cannot remove the catalytic converter and use it on public highways; ie get insurance; ie keep your loan on the thing.

If I bought it, Apple has no right to tell me what I can do with it. It's MINE.

Heck, I'll even use the toilet on it and Fedex it back to headquarters.

Ha!

Apple tell us how and what we can use our phone for is the same as if, I have to only do upgrade to my home that the morgage company says I can, or I can't install aftermarket parts on my car, unless the bank ok's it, that's just crazy why can cell phone MFG have it there way andwe have no say? I bought the device, the data in the device is mine therefore if I want to make it work for my specific needs, then I'll do it, just like in my home if I want to add a addtional or tear a wall down it's my right to do so. If MFG of products want to give away the equipment and it "rent free" as long as i use a specific MFG Vendor then ok they can control the "Changes" to the device.They don't get the cake and eat it too.

Would the American consumer put up with automakers telling us that we can only put Exxon gas in our car or that we have to take it to the dealer for every repair? Being told that we can only put a certain kind of furniture in the house we buy, I think not. Verizon has been doing this for years I think it is totally anti competitive and I refuse to by a Verizon phone for these reasons.

One line in this story really irks me "Apple has always been very keen on protecting its property " Did Apple pay $300 for the phone or the consumer. When I buy something, it becomes MY property and I have the right to do what ever I want with my property.

Microsoft IMO has opened this bag of worms and the government continues to allow the American consumer to be bullied by large corporations. There are countless examples in today economy of this from the major oil companies reducing refining capacities prior to the busy summer demand, to increase prices to the Cell phone companies restricting what you can do with the phone you OWN. If these big companies are not put in check they will only contribute to this downward spiral our economy is in.

I paid $950USD for my iPhone last year at Dubai duty free as I was working in Africa at the time and the phone was not for sale at retailers in Uganda. The phone was sold to me as "Unlocked". My work requires that I travel to many different countries and I have to be able to switch SIM cards for the particular country that I am working in at the moment. I find it hard to believe that Apple does not know that a "major airport retailer" is selling "unlocked" phones????

I bought the phone it belongs to me and not Apple and I will use it any way in which I see fit. This is crazy! Can you imagine if GM sold you a car and said that you can only fuel up at Texaco stations????

How often do you hear of other phones being jailbroken? Not many.

Why?

Because Apple makes a superior product...it's great to look at, and it more often than not works well. It does more than most other phones, even more than other smart phones. Of course people are tempted to jailbreak it...what other phone can do so much, and one that you want to do even more?

You buy it knowing what it can do, and accept the conditions (the small print) upon buying it. No one's forcing you to buy it, now are they? The hardware is yours, the software is Apple's,...that's the difference.

The law is irrelevant.

Because the iPhone is bought, not leased, Apple can not stipulate how you chose to use it.

Apple can chose not to honor any warranty for a hacked phone, but they do not have the right to dictate what you do with it once you buy it.

In many respects, this is similar to the case of putting a copy of a purchased Apple/Mac OS on a non-Apple/Mac system. You bought it, it's yours to do as you wish, so long as you don't make illegal copies of it.

The Digital Millennium Copyright Act is a peice of trash in the first place. It was proposed by self-serving corporations, designed and voted for by ignoramouses, and signed by an unethically acting president.

OK – let's just talk about the law. The OS is protected by user license. That's because you are not buying the software itself, only the right to use it; hence, the term license. Apple can protect its interests.

Once the hardware has transferred ownership – from Apple to you – all rights transfer. Apple has no legal right to protection here. You can use the hardware to power a satellite to Jupiter or give it to your pet monkey as a chew toy. That's why Apple is looking to have a court ruling. Not to worry. Precedence is paramount here. The only way Apple can get control of the use of its hardware is to retain ownership (i.e. cable boxes, old ma bell phones). They don't want that.

If jailbreaking the phone is deemed to be a personal use of the hardware, we're all safe. If the courts say it's a modification of the software, we're all safe. Never will they say that the legal owner of the hardware is restricted from its lawful use. In that case, Linux and/or MS will be free to provide an iPhone/iPod compatible OS, problem solved.

The tools to "jailbreak" a phone contain no Apple code. The Apple code that Apple allowed to be downloaded (rather insistently in iTunes) is modified by the tool. So. I am given a book by a church missionary, by way of example, and I write margin notes in it and cross out or even delete (cut out) passages. Have I violated the church's copyright. No. What Apple objects to, it seems, is that the changes made to the iPhone software they provided to you, are the removal of certain functions, namely the ability to deny execution of programs not validated by Apple and thus signed by Apple. What Apple needs to realize, as well as the whole of the public, is that it was jailbreak apps that caused Apple to change its mind about 3rd party applications in native mode. Without the original efforts and popularity of jailbreaking 1st gen iPhones and the plethora of apps that resulted from that Apple would not have nearly the revenue stream from the iPhone. 20,000 apps in the app store. thousands of paid development licenses and 30 percent of the revenue of all the Apps sold. Not to mention the interest on the "float" while waiting for the 250 dollar payout minimum to be reached.

Ron,
It was 'Your call Ron' to activate it under the licensing terms that you did. Why should Apple "refund you the purchase price"? You had your chance to get a BlackBerry Storm and use Verizon. Yet, you choose Apple. Why would anyone expect the ball to be back in their court? The deal's done. The call was yours to make and you made it.

Apple seriously needs to go !@#$ themselves. It's time for the DMCA to be struck down because it is the most widely abused "law" I have ever seen. Let's sue college students, children and dead people. Evidence, we don't need real evidence when we can make stuff up and go to a judge and file a John Doe lawsuit.. What's next, sending music swappers to Gitmo?

And people complain about MS and Bill Gates? Apple has always been a true monopoly. They just didn't have a big enough market share for anyone to really care. The Mac sheeple will continue on to defend thier sacred leader regardless of what he does, even though he truely is a Pirate of Silicon Valley. It's one of the many reasons I will never purchase an Apple product. I like having a choice.

Any phone bought from AT&T can be unlocked. AT&T may not do it, but legally i can pay to have it done or do it myself. Apple has taken that option away. It is LEGAL under the DMCA to unlock a phone, so is Apple able to supersede the DMCA?

I have nothing against AT&T, but when i travel i want to put in a cheaper SIM card. When my contract is over, it would be nice to move my phone to another network (maybe). But currently Apple will NOT unlock any iPhones on the AT&T network.

Also, i want a mail notification icon in the status bar – i don't have to unlock my phone, just turn the screen on to see that i have email, vm, sms, etc. Without jailbreaking i am forbidden to do this.

As many have said, i own the product. If i want to run Windows Mobile or Android on it, then that is my right. Maybe i void my warranty, but it should be my choice.

Barney, while I agree that you can only rent beer you are allowed to do with it as you see fit. I could dump it on the floor put it in my fridge or give it to a friend.

What Apple is doing is giving you the rights to use their software. the DMCA was really meant to stop people from ripping off software, music, and movies. As you purchased the phone you have purchased the right to use the software. Editing it for your use is your right as you paid to use it. Just like I can install anything I want on Windows and Microsoft can't do anything about it as long as it is an official paid for copy of windows.

In my mind Apple is violating law by locking down the software to run only what it allows it to run. They are simply overlooked because of the market and competition.

Now if I purchased all the hardware and pirated the iPhone software that would be a different story.

This is the funniest and most bitter group of people commenting that I've ever seen. I don't know how some of you could make it through a traffic jam.

Can someone PLEASE come up with a way to use the iPhone on Verizon's network?!?!
I had the iPhone for 3 weeks & unfortunately had to give it up & go back to a Verizon Blackberry, because AT&T's service sucked!
I loved the iPhone, but hated AT&T!
I would be willing to pay $2000 for iPhone/Verizon match!

If it's in their TOS and/or the contract you signed with ATT when you bought/activated the phone then you are argreeing to play by their rules. If you don't like the rules then don't buy the product...if enough people don't buy the product because of the rules then Apple will change the rules, otherwise they will lose a lot of money (if they care about that).

Once you buy the product and use it, putting yourself into a contract with them, then you agree to their rules. Not following those rules = breach of contract. If you didn't read the rules that is your fault.

Again – your legal choice
1) Use their product with their rules
2) Don't use their product

"This is a device that I’ve purchased; something that I own. I’m free to do with my property what I deem appropriate"

In Apple's eyes, you bought a license from them to use the phone as Apple best sees fit. The same way you purchased a license from the record companies, when you bought that CD. You don't "own" it; you're just paid for a limited use license. For the CD – no copying allowed. For the iPhone – only applications that Apple says you are licensed to use.

So, like the CD, the iPhone itself may be your property, but how you use it is not up to you.

Well, I dont own an iphone. But if I did own one, the phone is mine, not Apples. If I wish to add software to it I shall, its my phone. If Apple chooses not to support that software, that is their right. If they wish to create updates to their software that are incapable with add ons thats their decision. But tell you what, nothing says I have to own an Apple product, or buy their merchandise now or in the furture.

They don't have to support it, but by god I can add to it.

Remember the 1984 Apple Macintosh commercial that portrayed IBM PCs as an enslaving "Big Brother", and how Apple was designed to FREE the masses?

Isn't it ironic how NOW Apple is using its legal muscle to prevent the consumer from using its products in a manner they wish to? Nice.

Big Brother Apple

@Aaron – Your argument about stealing from AT&T by breaking the contract is just flat out wrong. Doesn't AT&T charge you $175 + fees to break a contract? Explain to me how that is me stealing from them.

Plain and simple: If you buy it, it's yours and you can do whatever you want with it. Whether you want to conform, hack it, or chuck it out of a 50 story window; it's your choice.

This is the contradiction that is Apple. Their non-corporate image of a company giving you freedom to do what you want to do comes at a cost- the loss of commercial choice.

Apple can only achieve their "technical superiority" and "ease-of-use" through standardization which means they also need to control everything that shows up on their hardware.

For developers, Microsoft provides a much more "free" environment to create commercial apps. (And Unix, even much more so...)

Regardless, Apple's advertising campaign and image always makes me laugh.

they need to sell the iphone un-subsidized without software if they are going to tell people that it is a crime to jailbreak.i paid full price for my 3g and if they dont want me messing with it they need to charge less for just the hardware.im sure some one will figure out a way to put that hardware to good use, its like installing itunes but apple says i can only listen to john mayer or some crap like that.

The real question is should you still buy anything from Apple to which I answer a resounding "NO!" Hey, if they want to play that way, fine. I'll spend my bucks on somone who has a product that's not so posterior attentive. I've read your rules, Apple, and I refuse to pay. To those of you who are all gooey-eyed over the word "APPLE," pay the game. The rest of us will simply bow out as we refuse to be bullied by some "corporation." Maybe Apple will realize what Kellogg's is currently realizing. You don't tell us what we can do with our own items on our own time, PERIOD! It only takes "once" and this is it!

The DCMA was created to prevent people from stealing intellectual property and to prevent copyright theft. It wasn't created to stop people from using their own property as they choose.

So I would counter this with a proposal that Apple need to be investigated as a monopoly. Even Microsoft didn't go as far as to threaten customers with legal action just for running non-Microsoft products under Windows.

1st CD's, then DVD's and now the iPhone. We don't own anything anymore! Norton 360 is good for 3 computers but when I needed it transfered to my son's new laptop I had to jump through hoops with Symantec.

from what ive seen the phones dont work that well in the first place they drop calls left and right, even on AT&T. they freeze among many other extremely annoying problems. how much could unlocking or jailbreaking the phone harm it when it doesnt function correctly in the first place?

Handcuffing your customers... there is an app for that.

I suppose apple could try and enforce something like this. I'd also wish them the best of luck trying to sell the product afterwards because no one is going to buy them.

Although I understand why people would want to unlock their iPhone and switch to a different service provider (since AT&T pretty much has horrible reception everywhere and their customer service record isn't exactly unblemished), I can understand how Apple feels about the situation. Perhaps Apple, like other SmartPhone companies, shouldn't make their products exclusive to one carrier. I highly doubt Apple would be making such a stink about people unlocking their phones if the iPhone was available on every carrier. They'd be selling many more iPhones legitimately and would basically eliminate the underground market on them.

The solution is simple – stop buying AT&T and Apple's products and services. Problem solved.

Once a product is purchased, you own the rights to its personal use. Whether its an electronic device or music, once you purchase a license (buy a CD) it's yours. However, the "renting" theory may have some standing, though it likely won't even pass a breathalyzer. Such an argument evaporates once any contracts have run their course. Apple has peaked and is attempting to hold on to its closed source market that its being mauled by the open source wave. Microsoft has already experienced what this is like.

I can buy a shotgun, but I can't go home and legally saw off the barrel.

This is the stupidest thing that I have ever seen. I am a strong supporter of jailbreaking either the Iphone and/or Ipod Touch. Once you purchase something from them you are allowed to do with it what you please, they should not be allowed to tell you what you can and can not do with your purchase. The only reason Steve Jobs does not like it is because it ruins the "Apple Experience" he says. And what the "Apple Experience" is I do not know and do not care. It is just another way of Apple to make money off of people and complain about a little open source that has been made that could make people buy Iphones from them just to jailbreak them.

Everyone is ranting about how this will backfire and hurt apple. Just like they said about the apple retail division, just like they said about itunes music store, and just like they said about the app store. Last time I looked, apple retail was one of the very few to post a gain in sales last quarter, the iTunes music store is the largest retailer of music in the world, and the app store (whose developers get 70% of each sale) has over 15,000 apps and something like like half a billion sold. Tell me again about this backfiring? Also, there are these little things called "terms and conditions" that everyone agrees to. hmmmm

Yeah right, go after MILLIONS of users who chose FREEDOM. Would like to see that ))

Also, jailbraking itself does NOT violate the terms, it's installing 3rd party apps!

Finally, you CAN unlock the broadband WITHOUT having a jailbroken Iphone. simply put a PROXY SIM such as gevey 3g and there you go – no need to jalbreak (provindg you have the appropriate baseband).

I don't have an Iphone, however I do have an Apple Macbook and an Apple Ipod. From my experience with Apple over the last few years, I haven't had any major problems with any of their devices. I do however think they should start to open their products up. Take the Ipod for instance. The Apple Ipod is probably the most un-user friendly media player on the market. Apple likes to control everything that everyone does. It's rather unfortunate since their products are rather nice.

I would be interested to see how right wingers at the top of the hierarchy deal with this...it is a personal freedom issue which they usually "champion" (not that others don't) but it also is an issue that destabilizes the "rights" of corporations a very important issue which right wingers certainly champion

I have owned and used Apple products since the late 1980's. I have never owned anything else...but am forced to use a PC at work. I love everything about Apple and was thrilled to buy an iphone. I have no desire to jailbreak it...I simply purchase my apps from the Apps store. If you don't like the product then don't buy it. If you don't like their rules, don't play the game. There are other copy cat phones on the market now...buy those and stop complaining about Apple. We Apple-philes are content with the way Apple does business.

That's why I went with the G1, if I want to make my own apps I can and they encourage it.

I don't think they would risk it.. there'd be lots of people moving to android, blackberry, symbian, etc.. They're already trying to stop jailbreaking with each new firmware they release.. especially updating the baseband. Also, technically, within the DMCA, it is not illegal to reverse engineer a phone for the purpose of unlocking it. AT&T is supposed to give you your code to unlock your phone. If this went to court, AT&T and Apple would be in more trouble than any user.

This is the same pratice that left Apple in the dark in the 80's and 90's as far as market share. Apple has a long history of launching come from ahead choke losses.

While taking aim at Apple, do not overlook the Digital Millenium Copyright Act (DMCA). This law may well be the worst law of all time. It is an attempt to regulate a large section of commerce in the information age and it was composed by people who do not understand the technology.

They gutted 'Fair Use' and because I know how to defeat the CD copy protection Sony developed a few years ago it is a federal offense for me to posses a felt tip marker (absolute truth).

Other things the DMCA does – abrogates Freedom of spech, freedom from self-incrimination, freedom to own property and freedom to work.

Beat up Apple if you must but make your congressperson restore our property and other rights stolen by DCMA.

Hence why I will NEVER buy a BS Apple Product. If you want a REAL smart phone Get yourself an unlocked Nokia N95!!!!

Didn't Microsoft get sued for anti-trust violation when it was accused of making Windows only compatible with Internet Explorer? Now Apple wants to be the only one making applications to run on its IPhone? Saddle up Apple, because I think you may be the next one to get sued for a monopoly.

This simply about making money. Apple makes money if people have no choice but buy their apps. If anyone really believes this is about anything other than money they are retarded.
Secondly, if you purchase an iphone and you pay full price, apple made their money...$400 to $500 is way more than it costs to make the device. If you bought it and got half paid through AT&T they still make their money. You're paying close to $45 extra a month on top you current phone bill. So Apple gets money from AT&T and you pay AT&T more money than they payed Apple.

This whole debate is retarded. Apple should mind their own damn business and make iPhones. Not worry about what people who paid good money for their products do with them.

To J:
You've got a good point there about Fords. It's ludicrous to think that a company has the legal right to tell a person what to do with their own property, that they paid for with their hard-earned money.
People can buy what they want, when they want it, and if Apple or any other corporation has a problem with that, then they can go F-OFF!

Apple is obviously riding a very high horse on all the success of its Iphone. But history has always dictated that nothing good last long. With that said lets hope that some of the preventative measures Apple is taking don’t eventually cause their demise. This is like buying a slice of pizza and being forced to eat it from the crust.

There's an iphone killa among us called Android!!!!!!!!

-Stupid is as stupid does

I hope that none of the food manufacturers whose procucts I purchase find out that I feed some of that food to my dog.

You can buy the phone and do anything with it you want with it, such as building a brick wall. However, if you violate the agreement with Apple and ATT, you will terminate your warranty and/or not be able to use that phone on their network. You might not be able to update the firmware either to get it back. You will have a brick and will still have to pay the monthly bill or cancellation fee. Don't buy the thing if you aren't aware of the intended use.

Analogies like cars and jeans don't make sense unless you include requirements to use the object. For example, you can buy cars all you want, but if you intend to drive it on the public roads, it has to have a license plate, brake lights, etc. If you buy jeans, you still won't be allowed to wear them at a place of work that requires a uniform. If you put diesel fuel in a gasoline automobile, you WILL void the warranty. If you wash your jeans in sulfuric acid, you WILL void the warranty. Don't be an idiot and use these analogies because the phone companies don't want you using an uncontrolled phone on their network.

With that said, a little subculture is a great tool to force Apple to address some of the attractions to hacking the phone.

I'm an apple fan but i don't agree with this. The DMCA is one of the most unconstitutional pieces of legislation every made. Apple should not be using it to bully it's own customers. Shame on them.

No. It is my property, I should be allowed to do what I want with it.

Apple is becoming very Microsoft.

Does anyone make a laptop or desktop computer that the owner must buy it's software from only the manufacturer?... No! So why does Apple feel as though they still own the device after it's been bought by an individual? I love Apple and their products but disagree with this issue and hope they get sued for their strong-arm tactics with the Iphone and it's apps. Things are sure starting to look like 1984 at a company that was suppose to be anti-1984.

by jailbreaking phones, it sound to me like its a matter of apple's feelings being hurt that someone has broken thru their copy protection efforts and would like to protect their ego by punishing people for hacking, even while these people are improving or making their phones do more than what they were designed to do. what a bunch of SAPs.

I am a longtime software developer, and I enjoy assisting the open source movement wherever possible. BUT...

I really didnt want to buy an iPhone, remembering the early days of the Apple II, the Lisa, and later the Mac (hi Woz!), and the closed architectures, secret software alterations/updates, copyrighted ROMS, and Apple's demands that you had to buy software either made by them, or licensed by them.

I was a hold out for the Android, and 30 seconds with that contraption again convinced me that somebody just didnt get it.

Thirty seconds with an iPhone convinced me that somebody else did – the iPhone *works*. Period. I travel 100% for my job and I have not found anywhere yet where it didnt – in the backstreets of Boston, in market center in San Fran, our in Oak Cliff (south Dallas). It works.

If it means that Apple has to continue holding the flood gates closed and prevent everyone and their dog from writing software for it in order to maintain a working product, then I am beginning to think thats not such a bad idea after all.

Besides, why modify the working product in such a way that – yeah – its unlocked now, but not all of its functions are available? What kind of sense is that? You acheive 'freedom', but with crutches?

I dont want another cell phone that makes claims, but cant deliver. Anybody remember the Nokia 9500 communicator? Long on promises – big price tag – deminished functionality... I never was able to surf the net – even sitting *next* to a wireless hub... What the #@%$# was that all about?

So i guess Dell, HP and Microsoft should be going after people who install Linux on their PCs? It's a physical device that you have bought. If you choose to modify it (albeit firmware or software) in anyway it should be on your own dime to maintain it. The service contract you have with your provider should pertain to SERVICE, not physical device management.

This from the same company that hired the first person to jailbreak the original iPhone? Hypocrites much?

Apple is only trying to protect its state-of-the-art products, designs and innovations. Their adherence to integrity is what sets them apart from shameless behemouth business models like Microsoft.

This is the nature of Apple in general. I have a MacBook and iPod and decided to buy open source Android b/c I can do what I want instead of having Apple dictate what I can and cannot do with my property. With Apple you buy one product and you have to buy all of their products. If you want to be dependent on one company go for it but I'm not going to let my media but at the mercy of Jobs.

When is enough really enough? The next thing we will be debating is how Coke tells us how many drinks to take before they sue us. This is beyond reason at this stage. I own a Mac, and if Apple keeps it up it wont be the next purchase I make years from now.

yes the software is copyrighted and protected by laws. SO long as you circumvent the software and leave it intact, there are no legal ramifications. If you have an adware that allows you to run anything while leaving Apple's software intact, Apple has no legal recourse.

Apple shares fall by 50 percent...I hope they do..

If you buy the iPhone, you own it; you can mod it, destroy it, unlock it, sell it, give it away, etc.
If you buy a mustang GT, and you want to modify the engine, should Ford prevent you from doing so? I don’t think so.
If I purchase a dell, and I want to mod the bios, overclock the processor, change out the video card, and make some registry hacks to Windows should Microsoft, Dell, and Intel tell me I can’t?
If you purchase a book, and you want to rip pages out, write notes in the margins, etc, because it makes it easier for you to understand or find your thoughts later, should that not be allowed?

Well the RIAA has set the bar. You buy a CD or DVD and you can't do anything but play it. Can't copy it; can't let anyone else copy it. It is not yours. If you don't like, it is time to write Congress. The Dems are not allowing you to use today's technology on the products you buy. They are protecting the scumbag artists in LA or where ever. It isn't Apple's fault; it is your Congress' fault.

No, I bought it – I own it. I can do with it as I please with something I own.

This kind of BS is getting out of hand.

Why should I as a consumer be limited by the convoluted logic of corporate mentalities that want to rule the world through the explotation of profit to globally dominate world markets and eliminate my rights as a citizen of our republic.

Change – Yes we can!!!

What most comments here seem to be ignoring is that a part of the purchase of the i-phone was signing a contract saying that you would use the phone with AT&T and you would not modify the phone.

"If I buy it, it's mine" does not apply here. Apple has chosen to restrict sales to only people who agree to their conditions. In order to be allowed to buy the phone, you chose to agree to those restrictions. If people don't like it, they have the choice not to sign the contract and not purchase the phone.

If enough people choose to do that, then Apple would not sell enough phones and would have to reconsider the contract.

As long as people are willing to sign away their rights, Apple has no incentive to change their policies, and the people who chose to sign the agreement need to accept the consequences of their choice.

Plus (to talk about some other analogies) you can't buy a car and do whatever you please with it. In some states you can't tint the windows too much. You can't make changes that would violate noise or pollution ordinances. If you drive the car, you need to follow established traffic laws, wear a seatbelt, pay money every year to register and insure your car, etc... There are many, many restrictions that you take upon yourself when you make the purchase.

If demand for Chryslers was so high that Chrysler could include language in their sales contracts that people could only use Chrysler gas in the car, they probably would.

So what does it feel like to buy a 2 3 or 4 hundred dollar phone and then have the company you bought it from, tell you how you can use it. Well at least you can throw it away, they don't care about that.

You know how to tell if you rent something? When you stop paying for a service, it goes back to the service provider.

If you buy an iPhone, it's yours... If you choose to use it as a doorstop, is that in violation of the DMA?

Dante: "’I'd also wish them the best of luck trying to sell the product afterwards because no one is going to buy them."

See: Microsoft cracks down on illegal software. Has no problem staying in business.

Absurd! After a purchase is made the item belongs to the consumer. The only thing that they should be able to do legally is a warranty violation as with any other product. If these guys think they can tell consumers what to do with their products they are nuts and my feeling is that it will hurt their business substantially to attempt to do so.

This stuff is great, eventually these guys will push too far and there will be a backlash.

I own the iPhone and I will do anything I want to it. It is ludricous to even suggest that I am in violation of any law anywhere because I choose to reprogram something I own. I would agree that I cannot do anything to steal service from any carrier, but, short of that, no one will tell me what to do with my phone.

I find it fascinating that a manufacturer consistently makes statements and takes action to alienate its current and potential customer base yet it does not seem to impede sales of these device, even slightly. In spite of Apple doing everything in their power to piss me off, I still purchased an iPhone and cannot now understand how I ever survived without it. I guess there just needs to be a competing product equal or better than it to put an end to this foolishness.

It's a blatant violation of the DMCA. Period.

We tried to tell you years ago that it would be used in this fashion, but you people refused to listen. You all supported the passage of this legislation, hopping on the bandwagon of labeling anyone who saw flaws in it as some kind of music-trading hippie. Now you want to complain when the corporate shills finally decide to use the rules the way they were intended? Forget it... your bed; you lie in it.

What a joke! The Digital Millennium Copyright Act was a corporate dream. Copyright law was intended to protect authors and allow them to profit from their work. It was not meant to chill free expression and scientific research, trash fair use and impede competition. The DCMA put far too much power in the hands of corporate giants who use it in ways that the law was never intended. It violates the very American idea that innovation and creativity should be rewarded.

All the more reason I avoid Apple's products like the plague.

As slimy as Microsoft is, even they won't try this ridiculously overzealous policing of what it's customers do with the equipment THEY'VE BOUGHT AND PAID FOR.

I've had enough of companies writing EULA's that make the product utterly unsavory. I won't buy an iPhone until I can have it on ANY network of MY choosing. and NO contract!

Which means I will likely never have an iPhone. Meh...no loss.

Apple will keep doing things their way until the consumers stop buying their products.

Behavior like this is exactly why I don't buy anything Apple.

Open your eyes, people.

If you sign a contract, you are bound to what the contract says, not what you think the contract says. Most of you need to go back and read your use agreement, a contract that you signed when you "bought" your phone. It doesn't matter what kind of scenario you create.You can soupe up your car, cut whatever you want with your knife, watch whatever channels you want on you TV. But if you buy anything with a contract attached, you are bound to the terms of the contract. So... If you buy a ford and sign a contract saying you cannot alter the car, then you cannot alter the car under any circumstance while under that contract. This is very basic people.

We really need to focus our energy on bigger issues...

I don't think there is a single person on this planet that doesn't already know about the lockdown of the iPhone prior to purchase. That's the biff I have with this issue – people are reacting like they purchased something expensive, and SUDDENLY they realize they can't do certain things with it. I have absolutely no sympathy for these people. Like Super Chicken would say, "You knew the job was dangerous when you took it!"

Things should be open. But I'm not going to purchase a closed device, and THEN attempt to open it. I'm too old to be crusading over openess and such. The iPhone is not the best phone on the planet. There are countless other devices that are better than the iPhone AND they're open. The only problem I see here is good old American "I gotta have this device because I want to look cool, and fit in."

My recommendation: purchase products that are already open. Don't purchase something closed, and then hack your way into it. Again, I have no sympathy for not only these people, but for their movement.

I'm in the technlogy business and I must say the iPhone is the best piece of technology I have ever owned. That being said without jailbreaking your phone you will never realize the true potential your iPhone has.

Originally jailbreaking was to allow people to put non-Apple apps on their iPhones. Now that we have the App Store and thousands of choices, is jailbreaking really even relevant anymore?

How is this tripe being posted on the front page of CNN? What's next, I will be arrested for opening my xbox? I think not.

This article is shrouded in falsehoods.

Maybe what is needed is legislation that stops the practice of locking cell phones to carriers. That would solve the problem, maybe no the way the industry would like it, but certainly the way the customers would like it. Contact your Congressmen and complain, get them to introduce consumer legislation that stops the practice of locking cell phones to providers.

If you're still on a contract, yes, Apple and AT&T does have SOME rights on what you do with it because essentially, you're still paying for the phone and using AT&T's network. So that part of the blog I fully agree.

If you bought it strait out, as I did, for $$$, then it's my right to do whatever I damn well I please!

However, if I do break some kind of law with it, then it was my decision. Why should Apple tell me how I should use my phone? If I want to go to jail, it's my decision. People use the internet to do illegal activities all the time. Should we shut the internet down?

Jailbreaking is my decision and we have every right to JB the iPhone. Technically, it does not break any DMCA laws. If Steve Jobs really "get" the "bad" people, go after people who are sharing MP3 and movies... go after people who are hacking into .ipa files.

Don't go after people who want to change the theme of the iPhone which I own 100% of.

This is an outrage all of you who have iPhones need to realize that it is the best phone out there. If youre complaining and going crazy then go buy another phone.

I think the actual phone should not be property of Apple or AT&T. You pay a pretty price for the "hardware". It would be no different than buying a computer and saying, "Microsoft" owns your computer. Maybe they can offer one that you can add other things too.... especially if it is one that is purchased at full price.

Since the phone is paid for,I reserve the right to pimp it.

It isn't just Apple doing this sort of thing though. Look at all the new phones coming out – they are all tied to one service or another. Remember the days when you wanted a telephone and you just went out and bought one, plugged it in and it worked? Why is it that we can't do the same thing with cell phones? Sure, I'd love a much fancier phone than I have, but I'm on a pay-as-you-go plan that I like because I can afford it. The catch is that I dont' have fancy phone options.

If I were inclined to buy an Iphone then yea, I'd probably jailbreak it too because I sure as hell resent being forced to pay for a specific plan or use only proprietary apps to get use out of it.

This is why I am now boycotting Apple all together and using linux. At least I have a choice there!!!!

YES Apple should be able to restrict apps and Iphone warranties, just like car manufaturers have the right to deny warrranty to hacked/modded cars, that are NOT AUTHORIZED. If it ain't broke DON'T fix it! If you hack it, deal with the consequences.

As long as you don't use their services - AT&T and iTunes in this case - then you should be able to do with it whatever you like. But you are, in fact, buying it to use with their and their associates' services. Furthermore, in most cases in the U.S., AT&T is subsidizing the cost of the phone, so in fact, you are required for the first two years to abide by their terms and conditions. In a way then, yes, you are renting the phone. Unless your phone cost $700 and comes without a contract. Sure. then you own it.

Here it is:

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source
code of, decrypt, modify, or create derivative works of the iPhone Software or any services provided by the iPhone Software, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the iPhone Software).
Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software. If you breach this restriction, you may be subject to prosecution and damages.

i'm with juan

The one thing that Apple doesn't seem to understand (Note: I am a big Apple fan and love their products.) is that once you buy something it becomes your property. If I buy a house than gut out the kitchen and redo it completely over, the builder of the house has no rights to tell me what I can and can't do with that house. Now, if Apple wants to Lease their phone and not out-right sell it, then they might have a leg to stand on. It's sad to see that a company like Apple, which seems to be making a nice profit every year just get greedier and greedier. Apple just needs to control the quality of their products not how they are used......that right should be up to the end user.

So what if someone wants to use the iphone to connect their laptop to the internet. Why is that so bad? I just don't get why AT&T needs to be that greedy to have to charge extra for using a service they already give out. Scary.

If it all turns out to legal action against people I say we all boycott the iphone. The consumer sets the rules, not the company.

The fact of the matter is that jailbreaking the phone is misuse of software, not hardware. Apple has every right to legally back up its end user lisence agreement (EULA) that someone who has jailbroken his or her phone has intentionally violated. If you would like to design and program your own operating system for your hardware and completely remove Apple's, that is your option, not altering Apple's own OS.

There are and will always be updates for Apple's store, so if you are unhappy with the applications available collect enough people to complain and have an application made that Apple approves, or move to a different phone and carrier. You are quite free to choose to spend your money elsewhere if you are unhappy with Apple.

For the record, "cool" applications such as video game emulators are also copyright infringement and should not nor will be supported by any legal developer.

I buy a car, i can add rims, sound system, tint, after market performance enhancing accessories, need i go on. this is no different, apple would do much better by LISTENING to these 3rd party app developers and maybe dare i say employing these brilliant people to make their product second to none for the foreseeable future. i have jailbroken my phone and will never go back to the old way. u have no idea what your iphone can do until u unlock it, its a truly amazing piece of technology.

I own the phone, I can do what I want it. Besides if it breaks then I have to replace it. Apple stop the greed madness. Its everywhere now.

I think that Iphone needs to be expanded to Verizon and other carriers. They would do much better business.

Wasn't that the original MS vs Apple argument? Apple was open and nearly got crushed, MS kept everything proprietary. If that's so, I can see their point.

Thats why I would never ever, ever, ever buy this worthless piece of junk. They should pay me to use it.

Jailbroken and loving it. Apple would be foolish to go after the end-users.

Chris said -

Comments prove that most people don’t have a clue about copyright law.

Yes, you own the physical thing that is the phone and can do whatever you want with it, BUT, you don’t own the software, you license it. Same with every other piece of software you’ve ever bought in your life (check the software agreement that comes with your computer software), and it means that you can’t do what you want with the software because you actually don’t own it, you’ve just bought the rights to use it.

I completely agree, if people really knew how these laws work the public would revolt and they would be abolished. Apple needs to do more to let everyone understand how much control over us they really have bought from our politicians.

The ease of using digital technology isn't going to go away just because companies want it to. Not only that, but blaming people for using something that they have bought and own is just insane. Yet it's in how many user agreements now? And Apple used to be so reasonable about that! So what if we aren't using it in the one way that you want! You guys sold it to us, so deal with it.

Another interesting question: Is anybody "unlocking" and switching carriers much on other phones? I think we're paying a lot of attention to this phone because it's such an amazing device. I love seeing what everyone else is coming out with that imitates the iPhone, but what people keep forgetting is that it's not just a touch screen; It's a proprietary patented "multi-touch" screen. Apple has gone on to use the same technology on their lap top track pads. Amazing what you can do with it. I find myself reaching for it on my desktop, disappointed to realize I have to use the mouse...

When I buy anything else, I can do with it what I please. Don't tell me what I can or can not do with the phone that I purchased.

You don't have to like it, but when you activated your phone you AGREED to the terms of the OS software license. There really is no discussion. You may own the hardware and you may drop it off a cliff or run over it with your car if you like. But the agreement you accepted says plain and simple – you cannot alter this OS/App without the written consent of Apple and its lawyers.
I'm not a big apple fan, I don't own an iPhone or iPod, and don't like it any more than most of you do, but its what you signed (or accepted) – same thing.

Voiding a warranty (which I'm fine with if that's what jailbreaking entails) is MUCH different than a legal or criminal punishment (which is what Apple is suggesting).

If I were to own an iPhone, and I have jailbroken it, it is perfectly fine if Apple refuses to fix or replace it if there is a problem with the phone that I jailbroke.

I have read and understand the DMCA (law student here), but this is more a case of "it fits under the letter of the law" but is outrageous when compared to public policy and realistic expectations of consumers.

I understand yet disagree with the application of the intellectual property rights. The reason for such rights are to prevent someone from reverse engineering a program and then selling the identical product as their own. I dont understand the application here. People are hacking to allow them to use tools the Apple does not make available on their own site. I kind of compare this to using a DVD player but not being allowed to watch home movies on it.

Someone compared this to moding an xBox which I think is an incorrect comparison. The legal issue with moding the xBox is not the mod part, its the playing of bootlegged software. In that case you are illegally using something you didnt pay for. I have yet to hear of a successful lawsuit based on hacking software on a product you own. It seems only succesful when you use it innappropriately in conjunction with violating other laws.

Bottom line, Apple is over protective and greedy. Its been the same since the Mac line came out. Why should things change now.

All you iFanboys out there, I have a question for you:

Do you have a library of media that encompasses over 300gb? Have you ever attempted to manage it with iTunes?

Yea, I thought so.

It's really funny how WMP11 does a great job of doing that, but the all holy iTunes can't even handle 20gb of media without crashing and freezing up.

Also, why is it that Apple thinks it's OK to charge people $9.99 to update the software on their devices?

How much more milk do they really think they can squeeze out of us?

I have been sitting back for years, waiting for Apple to become popular enough to get targeted by malicious software coders, and now it's happening. All these idiots who get infected all the time with viruses that decided to go Mac so it wouldn't happen again are getting wake up calls across the globe, and I'm loving it. Not only did you pay too much for your Mac, but now you get to pay way too much to get it fixed. Yay!

On top of that, Apple wants to control what you do with their stuff not because it's safer for you as a consumer, but because they make more money from you buying everything from them.

"Hi, I'm a Mac. I do everything that a PC can do, but make it seem like only I can do that. I mostly cater to the uninformed and spoiled teenagers, mostly because they don't know any better and think I'm cool."

can i pee on Iphone and flush it down the toilet?
If apple is keen on protecting thier products, will they chase it. Ha haa
best of luck

This is a perversion of what Congress intended. The Digital Millenium Act was designed to prevent theft of copy-protected programs and content by making it a crime to crack copy-protection schemes. It was not intended to be a way to prevent the addition of legally-obtained software and content to a device. No one is stealing Apple's or AT&T's content here.

The reason Apple wants to protect its OS and stop people from jailbreaking their phone is the same reason that Macs are so locked down and very propriety = So they can control their image. The problem with jailbreaking is that not all the software is tested and verified and so it causes crashes. If I were to show someone my iPhone and it crashed, what impression does that give the person. They don't necessarily know that I had jailbroken my phone. All they know is that my iPhone crashed. This could lead to that person not buying an iPhone (or Mac) and that hurts Apple's bottom line.

This is also the reason lots of people hate MS and Windows. Is their software crappy, no not really. Is it a bit buggy, sure. But have you ever stopped to think why? (Probably not) The reason its sometime slow and sometimes buggy is because MS made a decision to support nearly every piece of hardware and software since the 90s. This requires a LOT of testing, a lot of troubleshooting, and sometimes they miss things. Why do these things not happen on Macs – because Apple controls what hardware you use and what software you can install. Does 10.5.6 support your hardware or software that you have left over from an older Mac, probably not. Does Vista support your hardware or software that you have left over from an older PC, probably so. Heck, I found a 300 baud modem from 1991 that Vista recognized and installed a driver for. Now that's impressive.

Apple's model is to control everything so that they can make things easy and know that they're going to work. If they allow people to jailbreak and modify their machines, they lose some of that control and will eventually lose the image that they've worked hard to earn. This will probably continue until Steve steps down, or worse, passes on.

Here is the simple answer...don't buy an iphone, the phones are lame and the HTC line is way better...you'll never be able to stop anyone from putting 3rd party applications on their phones...

I have an HTC phone and I enjoy being able tyo but anything that I want on to the phone...it keeps things interesting. There is too much technology out there to be limited to it....Iphone 3G is already an out of date phone...strictly based on its limitations when in other phones it's a standard platform to have things such as MMS..and having to deal with i-tunes is a complete joke....

although true that might have innovated the touch-screen technology, they're already are behind the times with it as such manufactors as HTC & LG have alreay many phones out that are much better then iphone 3G

If i have a chance to make my phone perform at its maximum why should'nt I take advantage of that? When I buy the phone it's mine..nobody can or should be able to tell me what I can/can't do with it...if I want to use it as a $400 ice-scraper then so be it....if I want to play chess and my phone does not have it then why should I not be able to put it on my phone.....

Theres no sense to buy apple anyway, The phone lags in everything and there are way better browswers out there that are free for your phone better then safari....iphone is pissed because they're not able to capitalize on it.....that's the bottom line GREED!!!!

All of you suck. I control YOU! I will rule the world.

As I recall, I purchased my iPhone 3G, I didn't sign a rental or lease agreement. I agreed to a 2 year service commitment to AT&T, which means I agreed to use AT&T as my carrier for 2 years, which I'm okay with. Apple does not, in my opinion, have a right to tell me what to do with my iPhone. I'm the customer – I paid for it, and I'll use it for whatever purpose suits me – not Apple or Steve Jobs.

Apple is going too far.
DMCA is an act that meant good but has done only harm because everyone is abusing it.
If they don't like any kind of innovations that people make to their software or hardware, they just DMCA this and DMCA that.
That is wrong.

They just protect their corporate interests, that's all.
So, if people are trying to express their free will and want to have a freedom of choice, Apple better make it seem illegal than listen to what users really want.

When IPod came out, we all have been forced to use ITunes which is one of the worst programs, and everyone knows this.
But now there is RockBox which does more and works better, and no ITunes ever needed.

I hate to say this but Apple should wake up and smell the roses.

I wouldn't jail break my phone simply because then it is possible that many of the software & security updates that Apple provides would no longer work on my phone. I should however be able to transfer my phone easily, as in give it to or sell it to someone and they should be able to sign-up for their own service on it without a problem. Currently you must go through a convoluted process with fees of course to transfer your service to someone else, and you are still 'attached' to the iPhone. It just seem ridiculous that you can just sell your iPhone to an interested party when the contract expires and they can sign up for their own contract. I do own the darn thing after all.

And this is why I have refused to by a mac, iphone or ipod. I am sick of hearing how great Apple is while also hearing everyone complain about how controlled they feel. I have customized all my windows based items to my standards and installed a huge amount of freeware to help me work and keep me entertained.
Apple has become a status symbol and is losing its shine as it shows its underhanded, stick it to the consumer mentality.
As those that have tried to market mac clones have learned , just because the software is for commercial sale does not mean you can install it where ever you want. This is like Microsoft saying that Windows Vista can only be installed on Dell systems and Windows Mobil can only be installed on LG phones. For some reason Windows users would revolt, while Apple users just keep taking it.

I've seen a lot of comments regarding open-source software being the future. From an economic standpoint it's impossible. Open source software can't realistically be sold as a product, because one change and it becomes a new product, essentially freeware. Therefore there's no incentive for a company to produce it. More importantly, there's no incentive for companies to produce hardware that supports it, unless they drastically increase the price to make up the lost revenue from closed-source programs. So, hackers, what's it gonna be? $50,000 base-level computers or your precious open source software? It's time to realize that nothing in life is free, and your choice is to work with software companies or destroy them altogether. Open-source code will never be mainstream.

Thats why I will NEVER EVER buy ANY APPLE PRODUCT (if possible)!!!!

I see a lot of comments from people saying they bought the hardware, they can do what they want with it.

Folks – when you jailbreak the phone, you're not changing the hardware. You're changing the software. And the software IS rented – as evidenced by the monthly service fee you have to pay to use the phone on the network. Your various analogies to Microsoft don't hold up, because Microsoft is a purveyor of software, which is – whaddaya know – illegal to hack. Odd, that. You can install software on Windows, because that's what it's there for. You can't CHANGE Windows.

I laugh at you all.... You spend lots of money to make a phone call. Keep up the good work, my phone company stock is appreciative! I 'm still using a phone that was "given" to me 3 years ago when I signed a one year contract for cell service. Guess what? It still makes phone calls.... That's all you need. The rest is just money spent for nothing. Please keep your contracts with AT&T, I need to buy a new boat! IDIOTS!

Apple will eventually get over this. Smart phones are obviously the direction of mobile technology, for now. Hardware, software, and communications suppliers are going to have to come up with a solution for third-parties and portability. I have an iPhone 3G and it really annoys me that I have to use my old RAZR when I travel abroad, or pay AT&T a literal fortune to use my new phone (loading one single webpage can cost several dollars!).

There needs to be new roaming, data, and software agreements worldwide that transcend all of this. The EU has paved the way with their new roaming charges laws. Unless I am doing something with the phone that damages the infrastructure, I should be able to use it as I please since it is my property.

I have had a mobile phone for 15 years, and a lot has changed over that time (remember when a 3 minute call across the street cost more than $5?). I predict in a few years, all mobiles will be unlocked smartphones and third-party software and solutions will abound, whether Apple likes it or not.

I guess I'm not sure how they track consent to the ToS. Wouldn't they have to prove a signature in a court of law to a binding legal document?

I don't own an iPhone, so can someone tell me if there is an actual hard copy contract with the ToS that you sign and your AT&T store retains? If I went into a store and asked a guy to set it up for me, and he accepted the ToS, and I never saw them, am I still bound by the same rules? What if I bought the device second hand? Am I bound by the original owner's acceptance of the ToS?

If brought into court, I would use that as my defense. Never saw them, never agreed to them. If you think that is not true, prove me wrong. I'd like to see what kind of hard documentation these companies actually retain for the purpose of EULA and ToS.

If I see a Apple cop, I'm going to drop my phone jailbreak iphone and footbreak it. Haven't seen a Apple cop yet...keeping a lookout.

Ridiculous! If apple wants to do this then I need my money back. I didnt pay for the phone plus the contract for a company to tell me what I can or cannot do. Whats next? I cant modify my car's paint or speaker system or rims? I PURCHASED SO SHUT UP!!!!!!

Apple and its devoted masses of brainwashed fools (aka users) can keep their overpriced proprietary products. Open source and open formats are the way of the future, and I refuse have my tech tools held hostage to a corporation's whims and ransoms. Buy an Android phone and ditch Apple.

If you go to Germany or France or Italy, you will know that it is ILLEGAL for a manufacturer to sell a Locked Phone.
Many friends have iPhones from Italy...they jailbreak them in the store...and you can just put in your Vodaphone, Orange or any other compatible SIM Card..
There are SO many iPhones in Russia, Japan, Sweden, France, Italy, Germany...and very few use any ATT related or iPhone approved service..and Jailbreaking them allows all sorts of other wonderful Apps and Games to be used..
We should pass laws in the US to make it ILLEGAL to sell a locked phone..and for cancellation fees...I know Sprint is appealing the ruling against them in CA...

Why isn't the government going after Apple like they did Microsoft for monopolizing the market? Seems that I recall the major issue with Microsoft was bundling IE with the OS.

How then can Apple have ultimate authority to dictate what can and can't be installed on YOUR phone? How are they allowed to sell locked phones which won't support anything that isn't Apple sponsored?

Seems to me that there is a massive double standard going on here.

Sorry to say,,,you are RENTING that device..

If you were to buy it with out the contract it would be a lot more money up front...
Once the novelty and charm wears off of this device,,the vendor will be forced to accommodate a more Open platform...They are trying to hold the technology hostage while it is in big demand...

If you are jailbreaking your iphone to avoid paying for apps that cost money they should absolutely be able to punish you. the apps shouldn't cost money, given how much the phone and the service costs...but as long as they do how can you say they don't have a right to punish you?

Imagine the hell that would have broken out if Bill Gates has done it with any of his products. The US attorney's office would have made a beeline to Microsoft offices subpeonaing documents and filing anti-trust lawsuits. Remember the drama that unfolded when Gates gave IE for free along with his OS.

I wonder why Jobs is getting special treatment and is getting away with this clearly anti-competitive practices. He has been acting more and more like a bully, now that his nemesis Gates is out of the fray. I am perplexed that the usually anti-establishmenty( if its a word!!) crowd that suppor Jobs and his products are just taking it without complaining. Its about time someone put reins on Jobs .

I agree that the iPhone is an amazing new tool. But like one of the comments above it is really unnecessary. Most people that use iPhone are either playing little dumb games or checking facebook (even though, internet is everywhere). Its unvelieblabe to me that people are getting ripped off so easy by ATT. The worse part is that you cannot even send pics as txt msgs... lol

No, Mac needs to get their act together. Greed, greed, and more greed. Thats why Microsoft beat them out so many years ago. Becasue Microsoft allowed their OS to be used on any IBM compatible computer while Mac would olny allow thiers to be used on their own PCs. Their own foolish business sence keeps them in last place while others fly past them.

Oh, and I also read in one comment that Mac is more secure than others. Its simply not true. Mac gets less viruses because they are the weaker competitor. Why would someone make a virus that works on only 12% of the PCs worldwide when they can make one that attacks the most used OS? This is common knowledge in the PC world.

Let Mac bury themselves as they always have.

If I drop my phone in the toilet I have altered the internal software. They gonna come after me? If you buy something, it's yours to do with as you please.

If Apple wants to be the Gestapo like Microsoft now where do I turn? I'd considered a macbook because I hate Vista...but now I have to hate the Iphone too? Thanks but I'll keep my Verizon LG Voyager...it does almost the same thing and they don't control my life.. at least LG isn't a phone Nazi

In Canada, we purchase the phone and it is ours. This includes unlocking it. It sounds like Apple is trying to say you merely licensed it...

Fight back America!

It all depends on what you signed, whether you read it or not. To take J's comment (second post), if you signed a contract or purchase agreement, even if implicitly only by opening the package, you could be held in violation by not using Ford wiper fluid if the contract so stipulated. Whether Ford could enforce such terms (or would want to) is, of course, the salient point, but legally you can be held to terms of a contract you presumeably entered into freely. I always thought that when I purchased a vinyl record it was mine to do with as I wanted, and the point was never raised since copying was a laborious, one-at-a-time physical process, but apparently by allowing Jason to copy The White Album with his cassette recorder in 1968, we were unwittingly breaking the law. Possession may be 9/10 ths of the law, but that other tenth is a motherscratcher.

This is rediculous and shows how corrupt our legal system is. They take Bill Gates to court and sue him for an ungodly amount of money. And yet they turn their head to Apple making the absolutely rediculous claim that they are renting their IPHONES.
Apple needs uncle Sam to step in an spank that hiny for trying to be monpolistic. That should take care of this once and for all. If I buy an Iphone for 800 bucks I should be able to do whatever I want to with that computer device period!! just like any other computer device I buy.

Greed and power is driving this train of thought. If I buy a device, it's mine. It appears that someone needs to take Apple to court over this and let the justice system prevail and knock them down a notch. How dare Apple even begin to suggest that changing any of their hardware is a violation of a copyright! Just makes me more inclined never to buy anything from Apple.

HOW is this any different than the monopoly suit against Microsoft ten years ago? I'm going to continue to do whatever the hell I want to do with MY phone, that I paid for, regardless of what Apple or anyone else says. Not to mention, Ipods and Iphones SUCK!!!

While I believe one should be allowed to do as they please with the hardware, I think it would be perfectly within Apple's/AT&T's right to cause the device not to function on the AT&T network ONLY as a penalty.

The DMCA specifically allows an owner to unlock a cell phone. Currently, Jailbreaking is the only way for a consumer to unlock a locked iPhone.

Unless Apple gives people a way to unlock their iPhones, then that means by default Jailbreaking is perfectly legal. They would not have a legal leg to stand on.

Apple is dead wrong. They have not got a leg to stand on. I can open my iPod or iPhone and make it power my Toyota if I want to.

I can rewire my radio to turn it into a television if I want to.

Apple has some very very big things to worry about aside from its clueless DRM shenanigans. They should concentrate on those.

Really? Renting the phone? Do I get a deposit back when I am done with it? When I buy a car does the dealer tell me what kind of rims, tires, I will be able to put on it? When I buy a house does someone tell me I cant paint my rooms a certain color? When I go to the grocery store am I told that I cant make fajitas with the steak I buy. Granted those are extreme cases but seriously. What is next they are going to tell us that we arent allowed to store certain data, or who knows what. Listen if you are smart enough and willing to "jailbreak" your phone then you should be able to. It should void your warranty and that would be it. Boom a solution. Now you will get fewer people doing it and people, as they should be, are able to govern themselves.

The reason people want ot unlock their phone is to use it on T-Mobile USA which works better and saves about $25/month over AT&T's outrageously priced plans. I can't say I fully understand the need to buy apps from somewhere other than Apple, but whatever.

Wow! This is perfect. This is the same company that railed against Microsoft for its desire to create exclusivity in its contracts with hardware providers to guarentee a lock on its application and sales. Maybe you shuoldn't throw stones from inside a glass house....

Oh, and I don't work for T-Mobile, but I may be a customer.

Apple has been able to avoid hackers because they typically are a very open company. I think that this will just push hackers to begin resenting Apple as they do Micrsoft for being "Big Brother", and forcing ethics on technology. Thuroughly disgusted.

For those people who *think* you do not own an iPhone when you buy it while extending your contract are plain idiots. Sorry to pour some reality into your lives but when you buy a phone at a discounted price, the contract is there to make their money back. That's the deal.

Please don't make the dumb argument that the phone is "subsidized" or that you're "renting" it because they just don't apply. They can deny service provided if there is anything illegal, but that has to be in the contract somewhere.

It's all about GREED. Apple is following Microsoft's lead in monopolizing their market.

By the way, I don't condone hacking phones and risk functionality of your phone. I do believe that phones should be unlocked and be usable with any service provider.

2 Things:
a. tacos
b. apple is the new microsoft

I also like the ploy to get us into this news story by using the threat of jail and then immediately withdrawing that in the 1st line of the story.

Agreed about T-Mobile – and AT&T (All Things Tyrannical) Sick of these greedy corporations, as most of the commenters have noted: go ahead, make it a crime and someone will come out with something just as good or better, allow the freedom to choose, and then Apple will LOSE.

"The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

'Princess Lea'

Two points
1 You own the hardware. if you decide to rip out the screen apple won't care, but you only bought the right to use the app. in the method it was designed for

2 on the other hand if you take a program writen and owned by someone else and change the code so the program does somthing else, the program now is your creation and your property. it is very similar to the explosion of LEGAL programs that run on a platform derived from the game warcraft.

I don't have an iPhone, but is it possible that Apple is concerned over security risks that could ne introduced to the device by unvalidated software? I think the bigger croc that people should be upset about is the "software designer fee" that Apple charges if you want to write an app, even if you will be offering it for free. What a sweet way for Apple to not only get development for free, but actually make people PAY for it!

Looks like the phone is too expensive to even consider buying one right? Text messages, e-mail, internet, games...Whatever happened to just talking on your cell phone?

Way to create a bunch of false outrage, cnn. I'm pretty sure apple's (admittedly faulty) assertion was directed toward being able to take action against software providers, not end users. No "maybe" about it. This kind of headline baiting borders on desperate. Slow news day? I take it the whole rome-burning economy thing is over now?

Apple will do whatever it takes to protect shareholders interest. Consumers will react accordingly. There will be a balance somewhere, whether or not it is in the best interest of Apple or the consumers. If you want to jailbreak? That's up to you. I believe almost everyone have driven over the speed limit. If you get caught, then face the consequences. You paid tax, but the roads don't belong to you and you can't do what you like. Like wise, the lawmakers enact law whether you like it or not, even if you paid a tiny portion of their salary. It doesn't mean that we as consumers should just take it. There will be a balance.

I just want to be able to send pictures by text! When will Apple make this available to iPhone users?!?!

I totally agree with Moroni. There is no such thing as a right to dictate how someone wants to market their invention. Apple, and for that matter any manufacturer, has every right to put whatever restriction they want on the use of their product. And we as consumers have the choice and the right not to buy it, if the terms of use does not give us the value we are looking for. Guys you are free to choose – you still are! Apple is not the government, they are not holding a gun on your head to buy their products. It is sad to see how "entitlement" thinking has been creeping into our culture and driving out free market thinking.

if you haven't opened something up, you don't really own it.

I'll say it as easy as this, It's my phone. I bought it and I'll do whatever I please with it. Same goes for anything else I've ever bought.

I bought it, it isn't illegal, I'm going to do it. Apple isn't losing any money, and I am pushing their product further than the AT&T subscriber base already reaches. Good aps are still on their store, which I use. But my T-Mobile account is much more affordable. Break the chains!

So, if I bought a BMW and altered the navigation system so that it helped me save money on gas, would that be illegal? If I bought a brand new Corvette and converted it so that it let out zero emissions and could float on water, would that be illegal? I don't think so.

To all of you that are saying "Apple has the right ...". NO. Neither Apple NOR ANY OTHER COMPANY can use certain business practices that are considered anti-competitive. This has been tried and resolved many times in the courts. It's a judgment call about each individual practice; but there is no overall RIGHT to do business "any way you please". This specific practice is often called bundling, and it has often been defeated in court. This specific example is VERY MUCH like other cases. That doesn't mean Apple will lose, but I would want odds before betting on them.

IBM, Microsoft, DEC, just to name a few, all lost bundling lawsuits. IBM tried to make you buy service exclusively from them. WRONG. Ditto the others. Computer companies have a nasty reputation for trying this tactic and they have usually lost.

Someone else said, "read your terms and conditions" as if that was all that mattered. Writing Ts & Cs doesn't, in and of itself, make them legal or enforceable. Many Ts & Cs are unenforceable; the authoring companies just hope you don't call their bluff.

I can't believe how many of you are willing to just roll over on this one.

- g

Apples is making no sense on this.

Another Example of Misleading the Public and making them pay for it.
Remember people Advertising is meant to mislead and draw the uninformed into paying for something they don't need.

My Ipod makes me cool, and I paid $30 more for that Coolness.

People please please please, do your research! It's easy!
Search engines are one of the most profitable sites on the internet. Why? because they open up ways to find information. USE IT!

P.S. I find it interesting that someone mentioned the Microsoft Bundling Monopoly. Wasn't the fire alarm pulled by Apple? Now they have their own bundle of trouble.

If I bought it, I can do whatever I want with it so long as I am not breaking any federal, state, or local statute in doing so. Let them try and sue anyone who modifies their phone. It'll be a laugh riot.

If they want to control what the phone will be used for than they don't need to offer it to anyone!

You are buying the phone, not a license. Apple has no recourse in this matter and would lose any legal challenge. I am a long time Apple user and I think this is a load of crappola.

"I’ll say it as easy as this, It’s my phone. I bought it and I’ll do whatever I please with it. Same goes for anything else I’ve ever bought."

And you would be breaking the law (technically, whether they came after you or not). Which kind of tells you a whole lot about who the law is written to protect and help ....

I bought the thing I should do what I want with it. They continue to give me a service (apps store) if they want to stop that, that will be fine. But the phone should continue to work as a phone otherwise I would want my money back.

Its not like a credit card where they (the company) continues to own the card, it is my phone they should not be able to dictated how I use it.

think of a book, what if i want to burn it, or use it for TP or any other use, can the publisher stop me from doing these things?

This is all kind of ironic considering Stevie got his start selling Blue Boxes to make free phone calls. At any rate, you by crApple products, you gotta expect a crApple attitude. The solution? Just don't buy Apple products.

Classic Apple... I don't see how anyone is at all surprised with this. This is what they do.

Once you have purchased your iphone or ipod touch, ITS YOURS!!! Do with it as you please. If you want to install third party apps, that is your right. Just because the app isnt "Apple Verified" dosent mean its bad. It would be like buying a car and not being able to work on it. You could only use factory certified OEM parts, and all repairs would have to be done at the dealership. The Jailbreak is like our "Home Garage"
Basicly, Apple is just frustrated at the fact that a young team of coders did more with the iphone than Apple ever thought possible.

I've never thought that any company should put restrictions on hardware after it has been bought. What I do with my iPhone/iPod Touch is my business. They have my cash, I have their product. I can't tell them what they can and cannot do with my money after I buy their thing. Its just like the gaming companies locking their console.

So is Dell, HP, Gateway going to be able to do the same thing? or is Microsoft? I'd hate the thought of a Microsoft App store

Same idea, different platform

Well, fine, but only if Apple provides the iPhone for free. The iPhone is not "our" property anymore – we only rent it.

Now if only the people who want to do what *THEY* want with what they bought would go get an android phone and help grow an *open* community.

CNN, are you really asking the question "should apple be telling consumers what to do with their property?" I mean, it is after all, our property. We paid for it. The answer is a resounding know; Apple's going to back off this stance like Facebook backed out of its new TOS.

LLLL – Long live land lines!

So basically, Apple is forcing people that want to jailbreak their I-phones to cross the border into another country, have it "Stolen(and fixed), then recover the phone to avoid any DMCA legalities?

Apple has every right to prosecute violators of the terms of agreement.

Hack that phone! You paid what, 500-600 bucks? Hahaha, it's yours baby!

Apple = no problem
AT&T = BIG PROBLEM
Love Apple products
Hate AT&T.
Apple loses me by forcing an association with a monopolist regime upon me.

Of course Apple is not going to let you do whatever you want with their hardware/software. If they let you use independantly written developer tools, their product would have the same types of problems that Microsoft has. The reason that their product "just works" is because only *they* can develop hardware/software for it. It's the most closed system that there is.

I'll be getting rid of my iphone once the contract is up.

Unless ATT or Apple gives me the phone, it's mine do with what I please. After all, I paid a boat load of money for the toy.

Can we get "greed" listed as a disease ?

Apple can enforce "Terms and Conditions" on a website that you interact with, but they cannot do so on a device that you have purchased and is your property. They can T&C you all day long, the vast majority are illegal and unenforceable... its just that most people don't know that, or won't put forth the effort to fight it.

Always remember, if a corporation is telling you a lawyer said something, you can pretty much take it to the bank that they are either incorrect, or lying to try to bully you into submission.

I wish someone would educate most of you people in the difference between hardware and software. The physical phone and all its wiring is the hardware. From the minute you turn it on, any thing you see or hear on that screen is software. When you install an app that is not approved or given you buy the software manufacturer, you are hacking that software and as such are violating the terms of service that you agreed to not violate. Again, you own the physical phone. You do not own the software.

And to you people saying that Microsoft is better than this... all i can say is if they were, then they'd make their software more open to the independent programmer.

Apple consumers are basically cult members. Full of myths about the PC world that aren't true, they worship do-dads that are overpriced and look like they come from Fisher Price. Steve Jobs is some kind of ascended master for them, and they go and stand in line for 8 hours just to be the first to get the new revelations from the Apple God. Participating in this "I" cult movement is about as smart as getting a tattoo.

What Apple is asserting here, if one took the time to read the brief, is that the PROGRAM that is used to INSTALL the hacked the software uses an illegally obtained and modified copy of the bootloader that Apple owns the copyrights to. The individual users, by utilizing this program, are therefore sanctioning the use of such illegal software, and are by definition, in violation of the DMCA. I am currently going to law school and coincidentally work for Apple, and this topic is one of the very reasons why. The assertion that one can simply grab the code with a little digital savvy and modify it to perform is such a way that is not intended or is harmful to the original device both is unethical and illegal, as defined by the DMCA. Apple doesn't support the hacked software, but they're not going to have you arrested if you walk in with a jailbroken iPhone.
Its quite similar in the debate as to whether the possession of an application that rips encoded DVDs is illegal. Many would argue that the specific algorithm that encrypts consumer DVDs is intellectual property thats covered under DMCA, and therefore, anyone in possession of an application that contains it, and utilizes those movies for any purpose other than for what they were intended is engaging in criminal behavior. I think Hollywood is more likely to come at someone than Apple, but these issues seem to be cropping up more frequently as more and more people turn to the Macs and Apple.

If a Wicked Witch offers you an Apple, and you take it as it's proffered, you must reap the consequences. It may look good. It's shiny. You WANT it. But it's what happens after you bite that tells the story.

Apple wants to do what?!?!? Really.......

This is from the article "Apple has always been very keen on protecting its property ". The only problem with that statement is IT"S NOT THEIR PROPERTY ONCE YOU PAY FOR IT! So do with it what you will. Guess what, they don't have to support it, warrent it, nor the software YOU CHOOSE to put on YOUR phone.

FYI: You can't hack your own property, this is so stupid. APPLE S*CKS they need to get over themselves.

Signed a VERY happy BLACKBERRY CURVE OWNER

BTW, you can keep your fad phone Apple.

Ok let's put it out there AT&T (the cell phone Big Brother) pushed and paid for Apple to make this product and keep it between the two of them. So both AT&T and Apple are benefitting monthly from people that like to LEASE equipment and services. And yes ... you may have bought the product but you don't own its functionality. So do you like to rent or own? If you like owning ... find something else. Jailbreaking / Hacking isn't worth it.

whispering ... For those of you that have the jailbroken/hacked hardware ... Apple and AT&T are working diligently to "PATCH" the problem. The goal is to make any of these devices useless.

So hack at your own risk.

Its your Property once purchased, do want you want with it.

You can always pull the," I didn't know that was illegal trick?"

No worries for me – I won't subject myself to the customer abuse that AT&T (Cingular, no AT&T – wait, it's Cingular, no AT&T again....)
heaps upon their customers. If/when the iPhone is available on other networks I might take a look. Until then it's one Apple product I have no interest in owning.

You bought it. It is yours. If you break it, too bad for you. Apple should have no recourse over what you do with a product that you paid for. No, you shouldn't be able to copy the software and sell or give it away. That does infringe on their intellectual property rights. But if I hack something to give it new fuctionality or to remove an unwanted function that is my business. This is no different than after market auto parts or accessories.

Didn't IBM try this when computers still used punched cards. They said that the only cards you could use were IBM cards. We see how long that lasted, and rightly so.

And everybody thought Microsoft was the big bad wolf.

But now Apple wants its monopoly rights!

Listen, you BUY the phone like you BUY a car. You can modify your car any way you want, as long as DOT regs are not violated. Same here: you can modify Apples phone any way you want, as long as FCC regs are not violated.

The dumbest decision Apple made was to refer to its device as:
'the iPhone mobile computing platform'. Now EFF will have a better chance of claiming 'a clear showing of specific and significant harm' when compared to any other mobile computing platform. You think anyone would tolerate Dell locking it's laptops down in a manner similar to how Apple has locked the iPhone? No. I think it's going to bite Apple in the end. If you compare the iPhone to any other type of mobile computing device the iPhone will stick out like a sore thumb and appear almost 'Stalanistic' in it's approach to locking users out of it's operating system. And that's going to be the one time that Apple isn't going to want to stand out from the competition.

It is not your phone when you purchased it for $199.00. That is the contract price with a 2yr contract with AT&T. If you wish to use the phone on a different carrier, you should pay non-contract price for the phone.

Companies have been doing this for years. I bought a copy of Everquest, but Sony and Ebay conspire to not let me sell it to anyone else even though I paid for it.

Welcome to the land of EULA, whether you read it or not, the corporate engine can tell you what to do with what you buy no matter what.

Just because you bought it doesn't mean you control it. Sorry it's technology, and if you aren't a doctorate level electrical/computer engineer, you are along for the ride like the rest of us. Get over it there's nothing you can do about it. If there was you wouldn't understand it anyway.

Jailbreak is how to get out of prison, right? Or a game for PC?

Apple is destined to go down in history as a textbook case at the intersection of Copyright law, Contract Law, and Fair-Trade Law.

Using the DMCA and Copyright Law to leverage around the Fair-Trade Laws is still an unfair trade practice in my book. Apple is not using the DMCA to prevent you from cloning the iPhone software, nor are they using it to prevent you from downloading bootlegged music or movies (but they use the FUD of those things to bolster their case).

They are asserting that the DMCA gives them the right to exclude others from interoperating with the software and hardware they sold to the consumer. That is basic restraint of trade 101.

The DMCA comment period is meant to give people some ability to provide feedback about how the DMCA is infiringing and damaging other rights such a fair trade, fair use, etc. Apple is arguing they are not infringing on fair trade while their whole business model is built around exclusivitiy of accessories and non-interoperability enforced by as much tehcnology and business practices as they can get away with.

How many people realize that Apple adds a crypto chip to things like simple, dumb video and power cables so that iPods won't interoperate with cheaper third-party accessories? Adding the $0.50 chip allows them to command a premium price since they don't have any competition from third party accessory vendors. The consumer gets screwed. Instead of thinking they are buying a device or software that can interoperate with other devices and software like they expect, they quickly find they are locked into buying only Apple accessories, Apple software, Apple media, all from the Apple store.

The key distinction here is not that Apple is neglecting to make their products interoperable, they are actively adding cost, engineering, lawyers, lobbyists, and laws to specifically preclude interoperability.

Any class action litigators out there want to cash in on this?

Owners of the iPhone have every right to do what they want to their phone. They can paint it with pink nail polish, carve their initials into the touch screen, whatever they want to do. Apple can't say a damn thing about it.

Unfortunately, people who jailbreak their phones are not doing it to the phone, they are doing it to the software that runs the phone, which is protected under the user agreement. The only way to avoid this issue would be if somebody wrote an alternative operating system for the iPhone. Then the analogy of loading Linux onto thier Macbook would be appropriate.

I own a "geeky" type of compnay. Were small (just under 50 employees) We like to play and test things. For XMas I was thinking of buying everyone an iphone but with this sort of idealology they lost a rather large sale. If it does nto mess with the phone's fone then who the heck cares what apps I want to run or load???

They have a right to put whatever they want into the conditions of using the phone you buy.

Best soluion.. DON'T BUY AN IPHONE. Get a blackberry or gphone. The only way to get any company to change their strategy is to attack them in their pockets by going to a competitor. One person alone can't do it but if enough people decide to choose non-apple, they are more likely to change.

I would love to get an Iphone but until it becomes open to other networks and apple stops bullying users with the DMCA, I'll be using something else.

I work for at&t in a call center, and it is absolutely ridiculous the control that apple has over their iphone. They will only allow a certain amount of information to us, in customer care, then we have to transfer to apple support.

Apple just wants their hands in everything and they are money hungry, i can tell you one thing if the iphone was not so expensive there would be a million times more iphones sold. they dont get it though, they want money for this, money for that.

Atleast they're not like blackberry support, and charges 14.95 for a call to technical support.

90% of the world is poor and starving. While the other 10% are busy hacking phones. Imagine what those 10% could accomplish if they were to direct their skills toward helping the poor and starving 90%.

In my world, AT&T is the worst scum that has come along in decades. I will "never" use AT&T. If they were the only company around, I'd do without rather than belly up to that scurrilous entity. That is the only reason I won't be using the iPhone, at least not until Apple comes to their senses.
Once Apple decides that AT&T is as bad as a lot of us think and changes partners, the entire free world will be better off.
I have no thoughts except bad thoughts about AT&T. The sooner they cease to exist and disappear from humanity, the better.

Apple, take iPhone and AT&T and stuff it!

WARNING: If you have an iPhone that is locked to AT&T, NEVER EVER EVER take it to another country unless you boil it first!

I've been to Indonesia 6 times and the first 5 I took unlocked HTC GSM phones and traded out the SIM cards for a local SIM. The last time I brought an original iPhone and left it on AT&T. It seemed to connect (data) far more frequently than I thought it ought to be, and that plus making too many voice calls I ended up with a $4,000 phone bill !!

Had I used an unlocked phone and local SIM card I could have received the same amount of voice (to USA) + data for well under $200.

Unless you have a large company with deep pockets reimbursing you, you probably can't afford sky high AT&T's global roaming rates.

The last week I was in Indonesia I purchased a local calling card, used a land-line phone, and talked over 5 hours for under $40. That would cost $750 on the iPhone.

Remember, the amount AT&T or Apple care about you is ZERO and they will screw you over in every way possible if you let them.

If Apple want the right to control the software on it, they should be able to be sued for any installed software that break. Including damages and loss of productivity.

Here here, as I stated above, the hardware is yours. They can deny you access to the Edge/3G network for security and bandwidth issues in addition to the EULA. But really you can do what you want with the phone when you own it. That much is assured.

But the user agreement can be legally bypassed if your intent is to unlock your phone.

The only way to unlock it is to Jailbreak, then use Yellosnow to unlock it.

The DMCA has a specific exclusion allowing this.

No laws broken!

The Iphone is nothing more than a computer turned into a communication device. The touch screen is nothing more than a miniturization of the Touch Scheen on point of sale systems, or portable touch screen computers. When a computer is purchased, Dell doesn't tell you what applications to run on the computer, you can run linux, DOS, Windows, Sybase, Oracle, MS SQL, Open Office or MS Office of various versioins. So what is apple affraid of. Apple is attempting to limit what a consumer can do with an item they purchase.

If Apple wants to dictate how we use a handheld computer they turned into a cell phone, or what software to run. If I am not satisfide with a celullar service, it is my choice to find a service I like, therefore if that service runs on the Iphone, then so be it.

If Apple wants to control the purchase of the Iphone, use and eventual expansion of the phone, then say that you or I don't own the phone but are paying for the chance to just use it, then we should be able to trade it in at no cost for the next generation iphone they market.

Very simple; I don't like their policy of anti-jail breaking and Draconian app control, so I will never buy a iPhone.
Too bad since I've been an apple user since 1982. Jobs has gotten a bit more delusional in his old age. If that's possible...

All these same comments are leading to 1 result, for the most of the I phone and I touch users and even people who don't have 1 feel the same way; if it's yours and paid for you can and should be able to do whatever you want with it. If AT&T has a problem with it they shouldn't make such a damn good product with so many other capabilities then the ones they designed it for...Now who's to blame??

I say if you are smart enough to take a piece of technology of any kind and make it do backflips when all it was able to do before was walk, All The More Power To Ya!

Our laws are supposed to punish the people who do WRONG. since when is it a crime to be innovative and smart. Now I'm not saying that people should use software that authors want to sell for profit by hacking them, but there are many good programmers out there who are not concerned with money. The free software movement, I'm very proud to say is alive, kicking and gaining ground! When people buy that unit they OWN it. They may be buying services from Apple, but why should they not be able to modify their technology as long as they have the ability? It is wrong to punish people for foolishness like this.

To Apple I say this. Shame on you! You people need to remember where you came from. Apple was founded by some serious techno geeks. Do you think Woz and Steve Jobs would have stopped tinkering with electronics that they didn't engineer or build themselves if someone would have ordered them to? This is rediculous!

Laws are supposed to protect us from harm, but it seems lately that we have laws to tell us how to live and everything we're not allowed to do. How sad.

Stay Lean, Try Linux

This is another example of corporations trying to tell you what you can and cannot do once you have purchased something from them.

How about if I placed a caveat on the greenbacks I purchased my iPhone with that stated Apple cannot use the funds in any manner I do not allow them. Bet that wouldn't fly now would it?

While I love Apple products, I think it is wrong not to allow people to change the phone in anyway. Once you are an owner you should be able to do with the item whatever you want. What if bank's won't let you repaint your house unless it is totally paid-off. Or you can change the tires of your new car unless you purchase them from the car dealership GM, Ford, Toyota whatever the case. Apple must change this policy.

Hey Apple...guess what? In 2006 the Library of Congress issued a DMCA anti-circumvention exemption that allows you to modify the firmware of a cell phone to connect to a wireless telephone communication network. So ummm...it looks like your one carrier agreement is made null and void. Whoops!!! And whats that? You need to "jail break" a phone in order to modify the firmware and create an "unlocked" phone? So I guess "jail breaking" an iPhone would be covered under the exemption too? Double Drat!!!

The Job Squad – 0 Everyone else – 1

Hmm, this seems reminiscent of the computer wars that were fought in the late 90’s. And what kind of chips are Apple Computers running on right now? Oh yeah that’s right, Intel chips. Mac’s proprietary Motorolla went the way of the dodo bird along with it’s highly acclaimed RISC architecture. Did Steve Jobs not learn anything from this???

Go ahead Apple, sue the users that Jailbreak your I-Phone. Not too much longer and it will be the “Apple Software Company”. I still don’t understand what money Mr. Jobs is losing by a small group of user’s that are expanding the horizons of this spawn of Apple. If anything, it’s free advertising. Contratts to Apple for securing the future of the Android phone!!!

I love it when I hear people say that Mac’s don’t have problems or get viruses. Mac’s do have issues, the problem is that when they do have an issue, who is around to fix it and at what cost?

Here’s a scenario: you’re a hacker intent on writing code that will infiltrate the largest number of systems world wide. Do you focus your virus code on computer systems that make up roughly 90% of the market share (Windows based PC’s) or 10% of the market share (Mac)?

Om said...
I am very disturbed with apple, they are a very very creative and ingenious company and yet they have the nerve to stifle anyone else from having any creativity or freedom. Apple is a great company when they stick to what they do best, designing and creating software and hardware. When they get into trying to control what we can and cannot do...they fail, big time. A lot of people are afraid of Google's monopoly on the internet, but at least Google has never tried to come after us for being creative.

I was a former At&t business sales manager responsible for the launch of the Iphone on a business platform. The Iphone is a device that you simply buy out right. You own the phone, therefore control the functionality of the device. The crappy part is that Apple wants to control the market, by doing so you can only use there "approved" list of applications. This pads there bottom line and controls the market. In there defense though its the number one leading wireless device that is light years away from other devices. Last time I checked though if i buy a new vehicle, its at my discretion to alter the vehicle in whatever way I choose, but here is the catch. The systems run "random" checks to determine which devises have been altered outside of Apples parimeters. If for some reason your phone decides to "take one for the team" dont think Apple will stand behind you and honor there product replacement like other devices. The alterations are caught on the back end and Apple has the list.

Well we all know if someone doesn't want you to work at your job they always seem to get you on a technicality. Apple is no different, if they see that you have altered it in any way stand by.

Happy Hacking.

Look, it's as simple as this... If I own it, I can do with it as I please. It's not rented unless it's rented. Period. If you sell it to me, it's mine, and I'll hack it any way I like. And the force of law is behind that, too.

The Apple iPhone is a nice phone but I wont get one. Not so much because of Apple, but I wont do business with AT&T. One of my happiest days was dumping AT&T and signing up for phone with Comcast.

I am very sad at seeing what has become of Apple. I still have an original Apple II, Mac SE/30, MAC laptop, and 2 other Macs. But, those are gathering dust in my basement. I now use a Windows based machine and I had my choice of many PC hardware vendors. I dont like being told what to do when I am the customer. I vote with my dollars. Adios AT&T, adios Apple.

As to why there are more hacking attempts and viruses on windows computers....its because there are more of them. Apple's share is too small for the ego of a hacker.

A good topic for the day!

Three separate issues: jailbreaking, running programs they don't want you to run, and unlocking.

There's no reason for Apple to have a problem with anyone jailbreaking the iPhone to run something like a video recorder, which you can't get from the App Store but you can get if the phone is jailbroken. However they probably do have a problem with tethering software that can clog up the 3G network if people use too much bandwidth. And I can only speculate that they have an agreement with Google that makes them not want companies offering turn-by-turn GPS software on the iPhone.

Is it their right to prevent those programs? Not the video recorder or turn-by-turn GPS, in my opinion. However I do feel it's reasonable for ATT not to want people being totally piggy with the bandwidth when tethered. It shouldn't make a difference whether you read your email on a regular computer or on the iPhone, though, so just banning tethering software by not allowing jailbreaking doesn't seem right.

As to unlocking, as far as I'm concerned there would be no reason to unlock the phone if they had a decent roaming arrangement when you go overseas. If you take an American phone to Europe, you can easily spend thousands on data, so that's not a possibility. So you do without data when traveling overseas and instead get a pay-as-you-go phone with a European SIMM card. It would be good if you didn't have to do that.

The other reason to unlock an iPhone would be to run it on a network that doesn't kick back money to Apple. If you're paying full price for the phone rather than the $200 subsidized price, it's hard to see a reason you shouldn't be able to do that.

Just let the EU fine Apple like they did Microsoft regrding their competition policy!

 
Creepy Creeping Corporate Control
Unseen critters, untill you turn over a decomposing log

Some will argue, Terms of Service (TOS) is a moral right of the controllers
Soon; No choice, desperate to exhale, covered by CO2 tax you are ?

Guess I better remove the new carpet, new wallpaper and new kitchen cabinets from my house since the bank still holds the title to my house.

Regardless of why you may want to jailbreak your iphone or even use it on another (non AT&T) network – and there are many valid reasons for each.

As one of the first iphone users, my question is this – what happens at the end of the two year contract (middle of this year), will Apple/AT&T allow me to unlock my iphone (legally)?

I've happily done this with other phones both from AT&T and other carriers over the years once the contract has been fulfilled.

Suk it Apple/Steve jobs. My Money and my phone. I love using it as a 3g modem.

The Apple products only have less security issues because viruses are written FOR Windows. It's more commonly used, so a much larger target.

It's like using Firefox instead of IE, it's safer, but only because few hackers exploit it.

Besides, there are viruses and hacks that affect the iPhone...

This is for the Apple Employees who have chimed in.... at the end of the day talk about contracts, fine print ALL you want.. yada yada yada.. my iPhone is jailBroken and has been for a long time.. blah blah blah.. it's mine it's done. I will tell Apple this.. I will NEVER support you or your employess again by buying another product from you.. ANDROID here I come!!

nuff said....

" Exclusively from AT&T and Apple "
A U$ international front to enable spying
Coupled with the poision Blue Apple, is a RFID carrying Worm

The issue Apple is pushing with the DMCA is not that you are attempting to add unapproved applications to the phone. The DMCA could care less if you are adding applications. The issue is that you are using hacked library files to over-ride the original OS structure created by Apple. Apple does not want you to use unauthorized derivative works based on their copyrights.

Oh, and their copyrights limit how you can add applications. THAT is where the TOS comes in.

You want the iPhone, fine. Go get one. You want to pay $199? AT&T owns your contract. Otherwise, pay more to get out from under AT&T's thumb.

You want to use it in a way that is not how Apple intended? Fine. But don't use ANY of Apple's intelectual property then. When someone makes an open-source OS like Ubuntu or Android work on an iPhone, Apple will not complain as long as it is all custom work and uses none of Apple's IP.

DMCA, my a$$. I've BOUGHT it, I repeat (Joe Biden style), I've BOUGHT it. It gives me every right to run any application on it I want to. It gives me every right to open any webpage on Safari (Imagine Apple telling people that you cannot open microsoft.com on iPhone Safari). It gives me every right to do whatever I want to do with my iPhone. Now if I jailbreak and/or unlock the iPhone, APPLE has every right to void the warranty and stop providing further technical support. But beyond that they cannot do anything. It is MY device and I would use it as I please so APPLE, please stop telling people what they can do with THEIR devices costing anywhere from $200-500.

In reply to previous post by Jay, I could not disagree more with you. By same argument, every software that runs on a particular platform (Win or Mac or Linux or Ubuntu) would have to pay the OS developer for they use their files (OS files). An application is a piece of software compatible for a particular OS (in this case Mac OS for iPhone) and I don't see how OS developer can have any say in this matter. How about Microsoft telling you that you cannot run itunes on PC? This can set dangerous precedent and we MUST boycott Apple or for that matter any other company that is attempting to control what should and must be beyond its reach.

I found your site on Google and read a few of your other entires. Nice Stuff. I'm looking forward to reading more from you.

No Apple has no right to cripple my iPod i payed $230 for it its mine.
Imagine if you couldn't add your own rims on the new Toyota you bought because it wouldn't be Toyota?

thank you for taking the time to post this

Can I modify my home phone... and I "might" damage the phone lines... but I'm going to do it anyway... since I "own" my phone.

Can I modify my home plumbing... and accidently feed dirty water back into the water supply?

Can I modify my home gas supply... and feed contaminated gas back into the lines?

Why can't I modify my cell phone... and make it attack-dial 1000s of people at random? Or make 1000s of phones EACH make 1000s of calls all at the same time... and shut-down my cell network with 1,000,000 prank calls.

I "own" the phone... I can do whatever I want.

Right?

> Besides, there are viruses and hacks that affect the iPhone.

List 10 such viruses that affect a NON-jailbroken iPhone?

How many of the 100,000 apps have viruses in them?

How many of the 2 *BILLION* downloads from the app-store are viruses?