Legal or not?

[Kaykaykay]

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.

Onswipe

 

[Bob Maxey]

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?

Not illegal, but that is for the courts to decide, iffin one ends up having to hire Perry Mason, Lionel Hutz or Jerry Spense. In some ways, it has always been "illegal" in that the first LOC decisions did not specify iPads because iPads did not exist at the time. In my experience, if it is not specifically mentioned, you face potential legal problems if it comes to facing a judge. Or a judge who just downloaded GreenP0ison and a cool theme will toss the case.

We think we should be able to do things with out iDevices, but in the case of the iPad specifically, I can find no rule that allows it specifically. Just lots of people saying it is legal. That said, legal or not, I will JB my device because I have a legitimate reason: iFile and Flash Drive access. Please bake me a lemon cake with a file inside and slip it under my Jail cell. Odd that if I go to jail for jailbreaking, I most likely cannot jail break my way out.

Anyway . . .

We need a firm decision. The LOC or someone, anyone, should say clearly and plainly, that Jailbreaking an iPad or Rooting another brand of tablet is legal. Someone from the orchard said (was it Steve Jobs?) they would probably never go after anyone for Jailbreaking. Not that he or they said they would never go after someone, just might not. My guess is they have bigger people to go after.

I am interested in the immoral aspects your friend mentioned. I have had such discussions and it always leads to the discussion about illegal downloads. My usual query is to ask if his or her PC/Mac should be unable to access the Internet due to the "immoral" aspects. After all, he or she can download movies illegally, so perhaps root access should ALSO be denied him or her as well.

It is not the tool, it is the personal integrity of the user. I know someone who adds soda to his scotch. If there ever were a crime that needs strong prosecution, it is adding anything to a fine scotch. Neat or, well, I just do not want to know you, you cretin, you boorish brute, you uncivilized coot.

Bottom line: you are in the clear so go forth and Jailbreak, my child.

You will never go to court over Jailbreaking your iPad or iPhone. Unless you DL/Install that program that dares not speak its name, and if you avoid illegal torrents, you are in the clear. Morally and ethically.

 

[Bob Maxey]

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.

Disclaimer: Bob does not know and he has a big mouth.

One might argue that if you purchased the device and did not read the rules (TOS/User Agreement, etc) and when you use iTunes, again, you did not read the usual boilerplate, you might be wrong and have no room to complain. In other words, Apple is right and you are a lawless scoundrel. I know you are not a lawless scoundrel because you never attend the national lawless scoundrel conventions.

If it clearly states in the agreement you agreed to follow, that modifying the software, firmware or device its' self is against the rules, you are not on clear ground, legally. Ungainly sentence structure, sorry.

You argument is valid if there are no rules or laws or edicts in place. But you are "wrong" if there are rules against making any changes to the device and you do so. And if you end up in court (you will not) what do you say? I agreed to the rules but I did not follow them, your Judgeship? The judge might agree with you and toss the case. Or, say, "no soup for you."

Here is one for you: Virgin Mobile clearly states that I (the user) cannot use my mobile phone for business purposes. I would suggest that NOT being allowed to use my phone for business is something most reasonable people would find odd and unreasonable. That any phone company would not allow business use is just being as crazy as a persimmon jam and snake sandwich.

OK, I did not read the rules and I violate them daily. Do I stop using my phone for business or simply ignore the rules I agreed to follow? To be clear, I decided to laugh at the rules and I'll still call my fellow Amway sales people.

I hate to be a curmudgeon, but I am what I am.

 

[Winam]

I gues that depends on in what country you are living.

 

[HappyPelican]

For the amount of money I have spent on Apple products, no one is going to tell me I can't jailbreak if I so choose. If you JB with only the malicious intent of pirating then yes, it's obviously immoral.