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Posted in: Apple, Hacks, ITH, Jailbreak, iPhone, iPhone Dev Team, iPod Touch
Ok guys, jailbreaking the 2G, as all you guys have probably noticed, has tragically taken a turn for the worse. I would not count if off completely but it certainly does look bleak. The Dev team has not made any formal announcements within a month. This makes me believe Apple’s latest stand on the JB may have influenced them. (When it actually should not have!)
Apple has officially stated their beliefs on the Jailbreaking of the iPhone (and only the iPhone):
“Current jailbreak techniques now in widespread use utilize unauthorized modifications to
the copyrighted bootloader and OS, resulting in infringement of the copyrights in those
programs. For example, the current most popular jailbreaking software for the iPhone,
PwnageTool, causes a modified bootloader and OS to be
installed in the iPhone, resulting in infringement of Apple’s reproduction and derivative works
rights.
In addition, as discussed in
Section II.B.2 above, the jailbroken OS enables pirated copies of Apple copyrighted content and
other third party content such as games and applications to play on the iPhone, resulting in
further infringing uses of copyrighted works and diminished incentive to create those works in
the first place.”
Fortunately, it is only illegal in Apple’s opinion. Jailbreaking is still Legal.
The EFF has sumarized the events quit brilliantly as such:
“As part of the 2009 DMCA rulemaking, EFF has asked the Copyright Office to recognize an exemption to the DMCA to permit jailbreaking in order to allow iPhone owners to use their phones with applications that are not available from Apple’s store (e.g., turn by turn directions, using the iPhone camera for video, laptop tethering).
Apple’s copyright infringement claim starts with the observation that jailbroken iPhones depend on modified versions of Apple’s bootloader and operating system software. True enough — we said as much in our technical white paper describing the jailbreak process. But the courts have long recognized that copying software while reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software, a body of law that Apple conveniently fails to mention.
As for the DMCA violation, Apple casts its lot with the likes of laser printer makers and garage door opener companies who argue that the DMCA entitles them to block interoperability with anything that hasn’t been approved in advance. Apple justifies this by claiming that opening the iPhone to independently created applications will compromise safety, security, reliability, and swing the doors wide for those who want to run pirated software.
If this sounds like FUD, that’s because it is. One need only transpose Apple’s arguments to the world of automobiles to recognize their absurdity. Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their Miatas frequently exceed the legal speed limit.”
I believe their best point is that Apple is using FUD (Fear, Uncertainty, and Doubt) to hinder the use of the Jailbreak. Do not succumb to FUD.
I will post any news about the 2G JB as soon as I hear anything.
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