Legal or not?

[mdholm]

Is it illegal to jailbreak an idevice? A friend and I are arguing about this; she says that a new law went into effect at the beginning of the year that makes it illegal. I'm thinking about doing it, but not if its wrong.

 

[willerz2]

It's controversial to put it one way, but it's legal. The renewal of the DMCA last year did not particular say that tablets did not fall under the legal category, but since it doesn't specifically say it, it's legal is what the argument is. So yes, it's technically and judicially legal to jailbreak your device.

 

[mdholm]

What about iPhones?

 

[scifan57]

What about iPhones?

They have a specific exemption that makes it legal to jailbreak them.

 

[mdholm]

Can you (or anyone) point me towards a link or something that discusses the legalities of this? My friend says its illegal AND immoral; I would like to do it but don't want to do something that is ethically wrong. Is there a discussion here on this subject?

 

[willerz2]

iOS jailbreaking - Wikipedia, the free encyclopedia

Nothing immoral about it. The only "bad thing" that happens from jailbreaking is that it voids your Apple warranty, and that's easily remedied by restoring a fresh copy of iOS onto your device.

One example from the DMCA would be

• Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. (A new exemption in 2010.)
• Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network. (Revised from a similar exemption approved in 2006.)

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Anti-circumvention_exemptions

 

[jwjohnson]

I wonder if your friend is confusing jail breaking with pirating apps? Jail breaking is not illegal, immoral or unethical, but piracy is certainly all three of those.

 

[gresh14]

Is it illegal to jailbreak an idevice? A friend and I are arguing about this; she says that a new law went into effect at the beginning of the year that makes it illegal. I'm thinking about doing it, but not if its wrong.

maybe she is thinking of "unlocking" and not jailbreaking?

 

[willerz2]

maybe she is thinking of "unlocking" and not jailbreaking?

That might be the point of contention. Often times unlocking and jailbreaking are confused

 

[mdholm]

I asked her all those questions. I explained that jail breaking is legal and that I don't pirate apps. If I get a new app I pay for it. I explained the difference between jail dealing and unlocking. She says the laws were changed this year and it IS illegal. And even if its not Apple doesn't condone it so that make it unethical in here eyes.

 

[KevinJS]

Apple sell you an iPad. At the price they charge for them, they shouldn't be making any decisions about how you use it. Perhaps it's Apple who are being unethical by locking down iOS so tight that it's next to impossible to hack? I will not buy my ethics system from Apple, or any other manufacturer of consumer electronics. They've all lost enough lawsuits to tell me that their own methods are far from ethical.

AFAIK, iPads are not carrier-locked. iPhones are, usually, because you get them at a subsidized price, and the carrier wants to make sure they get their outstanding cash back. It is illegal to unlock an iPhone that's still in contract. That was the law that changed.

 

[mdholm]

My friend and I were actually discussing iPhones, not iPads. I asked here because I have more history here.

But, jail breaking iPhones is ok, too? I just can't unlock it to use a different carrier?

 

[KevinJS]

Well, as far as I know a jailbroken iPhone can still be carrier locked, but my expertise on jailbreaking can be written on the back of a stamp, in large type.

Sent from my stock iPad 2

 

[scifan57]

My friend and I were actually discussing iPhones, not iPads. I asked here because I have more history here.

But, jail breaking iPhones is ok, too? I just can't unlock it to use a different carrier?

Jailbreaking and unlocking are completely separate from each other. Jailbreaking a phone won't unlock it. Jailbreaking your phone is perfectly legal, and yes, you will have to unlock it to use it with a different carrier, jailbroken or not.

 

[zgall]

It's crazy one would say jailbreaking is immoral whether it's legal or not. Its immoral for apple to say what i can and cannot do with a device i paid for. If I was taking money out of Apple's pocket I would agree that it's immoral however having an extra icon on my springboard or putting a weather widget on my lock screen it's not costing Apple money. If they would let me do what I wanted to do with my device in the first place we wouldn't be having this discussion. And if someone thinks jailbreaking is immoral I really hope they never pick up a newspaper or flip on the news. I'm almost mad at myself for even responding to such an ignorant comment but I just cant help it. I'll take that bait every time.