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February 18, 2009

Could jailbreaking your iPhone land you in jail?

Posted: 09:56 AM ET

Well probably not jail – but if Apple has its way, in some sort of legal trouble.  I saw this over at Wired’s Threat Level blog. Apparently Apple is asserting that hacking the phone to run non-approved applications violates the Digital Millennium Copyright Act.

Jailbreaking is a process that opens up the iPhone's or iPod Touch's OS to installing applications not purchased or downloaded from Apple’s official application store.

This means you can get apps that do things like allow you to use your iPhone as a 3G modem for your laptop – or a host of other things that Apple and AT&T don’t approve of. Jailbroken phones also can be moved from AT&T to other wireless carriers.

If you want to read Apple's comments on the matter, check out this 31-page PDF.

Apple has always been very keen on protecting its property - some would say to the point of being a bully. In this case, it puts the company up against a community of software developers and users who would prefer everything to be open.

(For the record, I haven’t jailbroken my iPhone – but I do see the attraction. I mainly don’t want to deal with the issues that hacking my phone might have on its functionality.)

So here’s the question: Since Apple built the iPhone, should they be able to tell you what you can and can’t do once you’ve bought it? Or are we merely renting this device along with our AT&T service plan?

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Filed under: Apple • iPhone

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jake   February 18th, 2009 6:35 pm ET

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 ?

J   February 18th, 2009 6:36 pm ET

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.

Jeff   February 18th, 2009 6:37 pm ET

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.

Jack   February 18th, 2009 6:38 pm ET

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.

anonymous   February 18th, 2009 6:39 pm ET

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.

Reese's piece   February 18th, 2009 6:40 pm ET

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.

DOC   February 18th, 2009 6:45 pm ET

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.


BTW, you can keep your fad phone Apple.

EX-ATT Employee   February 18th, 2009 6:49 pm ET

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.

J   February 18th, 2009 6:49 pm ET

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

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

Kit Cosper   February 18th, 2009 6:52 pm ET

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.

Jeff   February 18th, 2009 6:58 pm ET

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.

Stacy Law   February 18th, 2009 6:59 pm ET

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.

bloodsin   February 18th, 2009 6:59 pm ET

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.

r240   February 18th, 2009 6:59 pm ET

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.

Freeschwag   February 18th, 2009 7:00 pm ET

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?

Dave   February 18th, 2009 7:02 pm ET

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.

Steve   February 18th, 2009 7:05 pm ET

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???

David T   February 18th, 2009 7:05 pm ET

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.

at&t employee   February 18th, 2009 7:06 pm ET

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.

Dave   February 18th, 2009 7:06 pm ET

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%.

Dick Seng   February 18th, 2009 7:08 pm ET

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!

Scott   February 18th, 2009 7:13 pm ET

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.

Roy   February 18th, 2009 7:20 pm ET

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.

Rob   February 18th, 2009 7:25 pm ET

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.

Andre   February 18th, 2009 7:26 pm ET

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!

Roberts   February 18th, 2009 7:32 pm ET

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.

Steve   February 18th, 2009 7:40 pm ET

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...

PJ2.0   February 18th, 2009 7:42 pm ET

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??

the   February 18th, 2009 8:34 pm ET

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.

Big Kid   February 18th, 2009 8:44 pm ET

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 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

Jon   February 18th, 2009 9:40 pm ET

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   February 18th, 2009 9:49 pm ET

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.

Bob   February 18th, 2009 9:54 pm ET

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.

Ed   February 18th, 2009 11:06 pm ET

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.

Jay near Chicago   February 19th, 2009 12:31 am ET

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.

prem   February 19th, 2009 12:45 am ET

A good topic for the day!

Nick   February 19th, 2009 1:38 am ET

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.

Neil T   February 19th, 2009 5:04 am ET

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

Franko   February 19th, 2009 5:48 am ET

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 ?

cybersleeper   February 19th, 2009 6:01 am ET

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.

Jason D   February 19th, 2009 6:03 am ET

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.

davi   February 19th, 2009 6:16 am ET

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

JV   February 19th, 2009 11:39 am ET

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...

Anthony   February 19th, 2009 7:48 pm ET

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....

Franko   February 20th, 2009 7:48 am ET

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

JAy.   March 2nd, 2009 2:58 pm ET

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.

abhishek   March 3rd, 2009 9:26 pm ET

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 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.

mario   July 18th, 2009 8:31 pm ET

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?

free t-orange iphone   October 12th, 2009 2:39 pm ET

thank you for taking the time to post this 🙂

Jill   November 10th, 2009 4:01 pm ET

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.


Connie   November 10th, 2009 4:04 pm ET

> 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?

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