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ncvikingx97

macrumors member
Original poster
Jul 15, 2012
56
0
I would like to point out that I have done some jaulbreaking things before. The only questions I have for my phone are; if I restore and send it back, who repairs it. If I restore and then send it back to get a replacement, what happens if I get a replacement and then they realize it was jail broken. Jail breaking is completely legal right? Thanks
 

lazard

macrumors 68000
Jul 23, 2012
1,608
818
I would like to point out that I have done some jaulbreaking things before. The only questions I have for my phone are; if I restore and send it back, who repairs it. If I restore and then send it back to get a replacement, what happens if I get a replacement and then they realize it was jail broken. Jail breaking is completely legal right? Thanks

factory restore = no evidence of JB.
 

Intell

macrumors P6
Jan 24, 2010
18,955
509
Inside
Jailbreaking is legal in the US, but Apple can still deny a warranty replacement because it voids the warranty. They just can't sue you for jailbreaking anymore/yet.
 

ncvikingx97

macrumors member
Original poster
Jul 15, 2012
56
0
Okay cool. So it isn't illegal if you send it back knowing it was jailbroken
 

Want300

macrumors 65816
Oct 12, 2011
1,194
2
St. Louis, MO
They only way I have seen that they can tell (besides when people stupidly leave it jailbroken)...

is when people modified the baseband to unlock the phone... like with the iPhone 3G.

ADDITIONAL: In this case though, iTunes won't even let you restore it, citing Error/Code 1015 or something
 

Interstella5555

macrumors 603
Jun 30, 2008
5,219
13
Jailbreaking is legal in the US, but Apple can still deny a warranty replacement because it voids the warranty. They just can't sue you for jailbreaking anymore/yet.

...which they never had any intention of doing in the first place.
 

Intell

macrumors P6
Jan 24, 2010
18,955
509
Inside
...which they never had any intention of doing in the first place.

We don't know that. For all we know, Apple could be making a list of all jailbroken devices and is planning to mass sue all jailbreakers. Are they? Unlikely, but they could be.
 

speed4tu

macrumors member
Mar 30, 2009
98
0
We don't know that. For all we know, Apple could be making a list of all jailbroken devices and is planning to mass sue all jailbreakers. Are they? Unlikely, but they could be.

Well we know they are sue happy now. haha
 

mopatops

macrumors regular
Jul 21, 2011
159
32
UK
People say that jailbreaking leaves no trace on a restored iPhone but what I don't understand is that restoring my jailbroken phone and then re-jailbrekaing keeps all my tweak settings when I download them again.

If restoring leaves no trace then surely settings for tweaks would go back to default when I installed them again?
 

Intell

macrumors P6
Jan 24, 2010
18,955
509
Inside
People say that jailbreaking leaves no trace on a restored iPhone but what I don't understand is that restoring my jailbroken phone and then re-jailbrekaing keeps all my tweak settings when I download them again.

If restoring leaves no trace then surely settings for tweaks would go back to default when I installed them again?

This is because you restored your iPhone from a backup in iTunes or iCloud. If you set it up as a new iPhone, the jailbreak is completely gone and Apple has no way of detecting it (as far as we know).
 

mopatops

macrumors regular
Jul 21, 2011
159
32
UK
This is because you restored your iPhone from a backup in iTunes or iCloud. If you set it up as a new iPhone, the jailbreak is completely gone and Apple has no way of detecting it (as far as we know).

Ah, I assumed that iTunes/iCloud didn't back up anything to do with the jailbreak and so assumed there was a portion of storage that wasn't wiped in the restore process.

What you said makes sense when you think about it! :rolleyes:
 

BuckeyeMac

macrumors 6502
Jun 25, 2012
372
1
We don't know that. For all we know, Apple could be making a list of all jailbroken devices and is planning to mass sue all jailbreakers. Are they? Unlikely, but they could be.

It's not illegal, therefore they can't sue anyone about it
 

Intell

macrumors P6
Jan 24, 2010
18,955
509
Inside
It's not illegal, therefore they can't sue anyone about it

It was at one point and technically it will be soon. In 2009 the DMCA committee in the US asked for exemptions to the DMCA copyright laws. Jailbreaking and hacking of mobile phones was one of those proposed. The resolution was supposed to be announced in October of 2009, but was held back to July of 2010. The exemption law is for three years and every year it must be submitted again and reviewed again. Before 2009, it was illegal because it was not exempted during the 2006 exemption window. If it is not submitted in the 2013 window or is rejected, it will become illegal again. The wording used in the official exemption states that "mobile telephones" can be hacked into and have their firmware flashed to non-stock firmware. Because of this wording, only the iPhone is legally jailbreakable within the United States. If Apple was to sue a person for jailbreaking an iPod Touch, an Apple TV 2/3, or an iPad, they'd likely win because of that wording.

Other examples of exceptions to the DMCA laws include but are not limited to, decryption a video DVD's CSS encryption and unlocking a carrier locked phone without the carrier's approval. I believe hacking of game consoles was one of the proposed exemptions for 2009, but it was rejected.

tumblr_m9ydt30yGi1qgpdkio1_400.jpg
 

nicknicknickh

macrumors regular
Jun 5, 2011
185
3
I believe that they allow it but dont condone it, it may also void your warranty so factory reset your phone before you send it in.
 

Maverik3

macrumors 6502
Mar 13, 2012
258
2
Meridian Idaho
They can't just mass sue people... if it's not illegal at the time the (crime/offense/act) was committed there is no crime. For example if there was a speed limit in your neighborhood and it was 35mph and then it just got changed to 25 they can't write tickets to all the people that drove through going 35 when that was the limit.
 

Interstella5555

macrumors 603
Jun 30, 2008
5,219
13
We don't know that. For all we know, Apple could be making a list of all jailbroken devices and is planning to mass sue all jailbreakers. Are they? Unlikely, but they could be.

And for all we know Apple is going to release a 2 inch phone next week phone next week...but that's also not happening. But I guess it's the internet, anyone can make a statement no matter how unfounded or ridiculous it is with absolutely no basis at all.
 

Siggen

macrumors 6502
Apr 1, 2011
488
0
Oslo, Norway
It is possible for apple to device a method to tell if it has been jailbroken. To any none carrier or apple personnel, to me or anyone I've ever discussed this with no person know of anyone who has seen such a method been used to check for jailbreak. And I've seen lots of people remove jailbreak and send in and it got trough warranty.

However if such a method is ever put into use, it will soon be public knowledge, and we will probably have tools to remove it.

In layman's terms restoring formats the NAND removing all data, though this is just almost true.

The most important thing to know, is that a restore will wipe the device enough so they wont see it ;)
 

dhlizard

macrumors G4
Mar 16, 2009
10,214
119
The Jailbreak Community
My opinion is Apple really doesn't care as much as some here seem to think.

After all, there are infinite reports of n00bs having taken still jailbroken devices to the Apple Store and their being replaced.

I personally had an Apple genius work on my iPhone4 connector port with some specialized tools they have at the Apple Store, he never said a word about my very obviously jailbroken iDevice.
 
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