General Jailbreaking still legal

[eyoungren]

The Copyright Office has again exempted jailbreaking from the DMCA. Schedule to be published to their website tomorrow.

https://twitter.com/saurik/status/659026877919588352

http://consumerist.com/2015/10/27/c...k-cars-and-a-couple-other-things-for-science/

 

[iphonedude2008]

Good to see that. I'm glad that people recognize that jailbreaking isn't stealing code, but adding to a device that people purchased with their own money for their own use and should be able to do with it what they want.

 

[keysofanxiety]

Good to see that. I'm glad that people recognize that jailbreaking isn't stealing code, but adding to a device that people purchased with their own money for their own use and should be able to do with it what they want.

Not to say I disagree with you - just throwing a quick hypothetical your way. If somebody jailbroke their phone and somehow damaged it beyond repair in doing so (e.g. screwing up the MBR or whatever the Apple equivalent is), do you then believe that Apple should then be responsible for fixing this?

 

[iphonedude2008]

Not to say I disagree with you - just throwing a quick hypothetical your way. If somebody jailbroke their phone and somehow damaged it beyond repair in doing so (equivalent of screwing up the MBR or whatever the Apple equivalent is), do you then believe that Apple should then be responsible for fixing this?

Almost impossible. And obviously Apple is not responsible. It was user error.

 

[eyoungren]

Not to say I disagree with you - just throwing a quick hypothetical your way. If somebody jailbroke their phone and somehow damaged it beyond repair in doing so (equivalent of screwing up the MBR or whatever the Apple equivalent is), do you then believe that Apple should then be responsible for fixing this?

Your hypothetical would be more appropriate for early versions of jailbreaking.

Past iOS 4 though it's all been very safe. You'd have to work very, very hard to brick your phone now. You'd have to make it so that not even DFU mode works. And doing that means you either know what you are doing or you are screwing around with basebands. In either case, that's deliberate. Not something that's going to be done by accident.

 

[keysofanxiety]

Your hypothetical would be more appropriate for early versions of jailbreaking.

Past iOS 4 though it's all been very safe. You'd have to work very, very hard to brick your phone now. You'd have to make it so that not even DFU mode works. And doing that means you either know what you are doing or you are screwing around with basebands. In either case, that's deliberate. Not something that's going to be done by accident.

Oh it's more a hypothetical really, I know it's not possible to do that accidentally.

But I'm mainly querying the stance that iphonedude was taking. That being: "adding to a device that people purchased with their own money for their own use and should be able to do with it what they want."

At what point in doing that is it wrong? Apple's T&Cs clearly state that it will void your warranty doing that, so do you believe that should be adhered to, or if it's only if it causes damage that it should void the warranty? What if a downloaded app outside the App Store steals user details and people sue Apple because there was no way of proving that the jailbreak caused that?

Just hoping to spark a debate really.

 

[iphonedude2008]

Oh it's more a hypothetical really, I know it's not possible to do that accidentally.

But I'm mainly querying the stance that iphonedude was taking. That being: "adding to a device that people purchased with their own money for their own use and should be able to do with it what they want."

At what point in doing that is it wrong? Apple's T&Cs clearly state that it will void your warranty doing that, so do you believe that should be adhered to, or if it's only if it causes damage that it should void the warranty? What if a downloaded app outside the App Store steals user details and people sue Apple because there was no way of proving that the jailbreak caused that?

Just hoping to spark a debate really.

Yes I do see your point better now. I think users should accept the fact that from there on out, any software issues they have are their fault and not expect Apple's help. Apple is actually changing their warranty policy where they have to prove that the JB caused an issue before refusing service. Users are responsible for being cautious with what they download. They must accept that their data is not as secure and treat what they store on their phone as such.

 

[eyoungren]

Oh it's more a hypothetical really, I know it's not possible to do that accidentally.

But I'm mainly querying the stance that iphonedude was taking. That being: "adding to a device that people purchased with their own money for their own use and should be able to do with it what they want."

At what point in doing that is it wrong? Apple's T&Cs clearly state that it will void your warranty doing that, so do you believe that should be adhered to, or if it's only if it causes damage that it should void the warranty? What if a downloaded app outside the App Store steals user details and people sue Apple because there was no way of proving that the jailbreak caused that?

Just hoping to spark a debate really.

What's legal under the law and what is a violation of agreed upon terms are two different things.

No court in the land is going to sustain your action against Apple if your activity, although legal, broke the terms of your contract/agreement with them if it is proven in open court that your actions are what caused the problem and not a defect with the device.

Likewise, no court will allow Apple not to honor the terms of it's agreement with you if it cannot be proven in open court that your actions were the cause of the problem.