Earlier in the year, Apple had told the U.S. Copyright Office that it believes jailbreaking an iPhone is a violation of the DMCA and infringes on its copyright.
To counter it, Electronic Frontier Foundation (EFF) had filed an exemption request with the to get the U.S. Copyright Office to grant DMCA exception so users can jailbreak their iPhone without fear of copyright infringement penalties.
PCWorld is reporting that Apple has told the U.S. Copyright Office that jailbreaking the iPhone could lead to major network disruptions or allow people to avoid paying for phone calls.
Apple had informed the Copyright Office in February that the exception request by Electronic Frontier Foundation (EFF) was not acceptable as the very act of jailbreaking the iPhone results in copyright infringement.
Apple has filed more arguments on the issue on June 23 in which it has informed the Copyright Office that jailbreaking the iPhone i.e. modifying iPhone's software could lead to major network disruptions.
In the fillings Apple has raised the following concerns:
"Because jailbreaking makes hacking of the BPP software much easier, jailbreaking affords an avenue for hackers to accomplish a number of undesirable things on the network"
"With access to the BBP via jailbreaking, hackers may be able to change the ECID, which in turn can enable phone calls to be made anonymously (this would be desirable to drug dealers, for example) or charges for the calls to be avoided"
PCWorld rightly points out that a separate identifier, contained in the phone's SIM (Subscriber Identity Module) is used to distinguish between customers for billing and authentication purposes rather than ECID.
Apple claims that if several iPhones were modified to have the same ECID, it could cause a transmission tower to malfunction or kick phones off the network.
"In short, taking control of the BPP software would be much the equivalent of getting inside the firewall of a corporate computer -- to potentially catastrophic result"
EFF's argument is that jailbreaking iPhone is protected under fair-use doctrines, and that the Copyright Office should grant an exemption because "the culture of tinkering (or hacking, if you prefer) is an important part of our innovation economy."
The Copyright Office is expected to make a decision in the case later this year.
What do you think about jailbreaking? Do you think Apple is right in making it illegal? Should the Copyright Office accept EFF's request for an exception to the DMCA? It will be great to get your feedback in the comments below.
[via PCWorld]
wow, jailbreak iPhone without fear of copyright infringement penalties. Great
Erin
Owner @ http://www.techmasher.com
If it were not for jailbreaking, I would not own an iPhone.
It's interesting how Apple is claiming that the iPhone is so susceptible to hacks which would cause entire Cellular networks to fail. My former pocket pc which is a product of Microsoft and HP came factory unlocked. I had a great deal on my data plan I might add. Could this claim by Apple mean that any unlocked phone could take down a cellular network?
The iPhone is one of the most powerful, yet the one of most locked down devices. They really need to lighten up a tad.
Apple cannot make Jailbreaking illegal, the copyright office could determine that it violates the law, but in all reality it doesn't, so I would expect a court case if it does make that claim.
Jailbreaking in and of it's self cannot bring down a network and no one has done what Apple is suggesting can be done with any phone to my knowledge, so I don't see why they would try to make this claim.
Now I could see them making the claim that people will be able to avoid being charged for calls by making Skype calls over the 3G network (which you can't currently do without Jailbreaking the phone). This argument would at least have some merit to it; however, I think that the data plan should be truly unlimited (as advertised, not as stated in fine print), meaning it should allow tethering, VOIP calls over the 3G network data plans and no caps.
apple is so money hungry, how can they not see that atleast 65 out of every 100 iphone is jailbroken and if it werent for that people vwouldnt buy it
unreal… f*k Apple.
jailbreakin' away… and away… and away…
It amazes me that not to long ago, Apple was perceived to be a leader in innovation, and yet here they are stifling our innovative economy.
Plus, I enjoy the fact that a hardware/software manufacturer (Apple) is actually speaking as if they are experts in operating/managing a cellular network.
Sounds like Big Brother (AT&T) is leaning hard on Little Brother.
I can pirate games and apps for the iphone, so of course they wouldn't allow it.
It sounds like apple is take the US government approach to things it doesn't want to legalize…..
It all sounds like a bunch of bull to scare people. I agree with Eric, I would probably not have bought an iPhone if it wasn't for jailbreaking. Jailbreaking allows the iPhone to show off it's true ulitimate powers. It is the reason I don't have a Palm Pre or another so called awesome phone. It tells Apple what we want on our iPhones and has led to the increase in demand. If nothing had changed from the first original model, which didn't offer half of what the new one does, and jailbreaking was impossible, how many iPhones would have been sold this year?
All jailbreaking does is allow us to use the phone to it's full potential and make it look nicer than apple wants it to. If apple would allow themes and run a few adds showing a customized iPhone sales would skirocket. Wake up apple, I love the phone and have owned one since I waited in line for the initial release, but I love my 3gS that I jailbroke to customize and fix your security problem. If jailbreaking becomes illegal I will switch to the palm pre because it allows background apps (my iPhone does too, but only because of jailbreaking)!
I have a solution:
HEY DOUCHBAGS IN CUPERTINO:
MAKE THE FUCKING PHONE WORK LIKE IT SHOULD AND WE WONT NEED TO JAILBREAK!!!
Even the Mototola razor gives you a little beep if you miss a call..
they have 50,000 appsa in the app store yet u cant use more than one a time -LOL
Im paying $30 a month for a data plan for a phone that has "the real internet" yet I can't access it from my laptop.
what a joke..they sound desperate
Look If apple would had just given us wat we wanted in the first place mms, video recording, home background wallpapers etc we wouldn't need to jailbreak or unlock
People only Jailbreak there Phone to allow it to do things or run apps the apple don't allow in its apps store.
If you going to make jailbraking an iphone ilegal then you may as well stop people from being able to upgrade there computers or choose what OS that they run.
I wouldn't have bought an iPhone. The whole point is I like tinkering. That's why I tinker with cars. Your taking away my performance products for my iPhone apple! You may make some products on the app store that are good, but aftermarket ones are so much better
I agree with everyone and I am in the same boat as wouldn't own one, if it couldn't be released from prison. Don't we as a country and a world have more important things to focus on, like maybe apple should look into why users jailbreak there phones and buy up those features, then include them with the phone. Like spell check
Someone should argue that Apple is a monolopy, because then own the app store and a user can't use Cydia without jailbreaking. That is as stupid as making Microsoft include other browsers in THEIR operating system.
Greedy people
I agree with everyone here. Apple is acting like a 5 year old baby. The only reason the iPhone is selling like it is is because of the jailbreak. With a factory iPhone you can't change the home back ground, you are limited to the stupid alerts for the text messages, it does not display you incoming appointments anywhere unless you get inside the calendar which is a biggie for me. And what do you say about not allowing AT&T customer to use MMS?? That is so fucking stupid. Other companies outside the U.S. are allowing it. Apple you don't want people to jailbreak then offer all the awesome stuff in your app store that you can get in Cidya. Don't be stupid APPLE let us enjoy this wonderful iPhone.
I think everyone here is very pro hacking…as it should be this is iphonehacks.com right? Well I love hacking, in all forms. To be completely fair, Apple makes a valid point but this doesn't apply to just the iphone.
So of course as hackers hack more and more they are going to better understand how cellular networks operate and how to break/hack them.
Microsoft has windows mobile…do you think hackers aren't hacking that? Getting the "BBP" code and playing around?
How about android? It's open source…I know not all of the code is open, but you get the picture.
I think the cellular networks need to get ready for the next generation of security, hackers will figure it out. It's not "if" its "when".
If we think about it, this is really a problem for the carriers, not apple…they are just using it to push their agenda.
Humm sounds like they are blaming jailbreakers for the network that sucks. People are jailbreaking their phone for the excluded apps that are not in the app store n to use on third party carrier other than AT&T
Let freedom ring
Once you buy a device, its yours. As long as you don't harm anyone, you can do what you want with it.
Honestly, the way apple is going about claiming how the phone could take down entire cell towers, I don't know weather to fear using the phone or embrace it!
I think the whole jailbraking the phone will destroy the planet marketing is only going to go one of two ways. people will perceive the phone as a security risk and thus stop buying it, or people will embrace the phone due to it's potential abuse! Either way, it give the iPhone a negative spin, not positive.
Apple should really reconsider this current line of attack. If they really want to stop the jailbraking, give us the features in the OS that only jailbraking currently does! Sheesh!
When I first had a look at the Iphone i had heard about jail breaking. It was actually the salesman in the shop who explained everything to me and even wrote down the software I needed in which to do it!! If it wasn't for the jail breaking I would not have purchased an Iphone. If it is made illegal next year I will not be getting another one. I love my Iphone jail broken and could not bare for it not to be. I can play cracked games if i want to, stream movies online, download torrents and individual songs, use it as a video camera etc etc.
If Apple are serious about the Iphone being exploited in such a way that people can make calls anonymously and never be traced then there should be a compromise between apple and those who create the apps/repos not to allow these. As for jail broken users bringing down the whole network – what a load of tosh!! If that is possible then Apple should be working on a fix in case this was to happen.
Seems to me Apple have not got a clue. They have no idea what they are releasing, what the iphone is really capable of and therefore spitting their dummies out.
Would also help if Apple stopped ripping off customers. Do you see us customers moaning to apple about the most expensive composite cables EVER?! I've just paid £35 for mine which is nearly as much as one month's line rental! Absolutely ridiculous!!
They aren't threatened by the network stuff …
They're threatened by the potential loss of $$$ with people using 3rd party apps and installous.
More of Jobs' greed shining through. Just another day with Apple, and a big reason why Apple will never get further with their PC's.
Apple going on about copyright. Ha what a laugh, what about the theft from Xerox to create the mac and when are they going to give The Beatles back their logo? The list is almost as long as the Microsoft thefts.
Bet the are really worried about the huge leaps that LG and Samsung smart phones have made. Looks like Apple are going to make the same mistakes that they made in the mid 90's that cost Jobs the company before.
wows..claim down all supporter.iphone.(jailbreaker).dont worry be happy….apple developer will make trouble…we just waiting for show time…hacker vs illegal vs iphone .this is mouse and cat..game..who scare who?only turtle worry about the hammer…only the time can improve…what there dicide and responsibilty..god bless your action.think twice before u action…st?v? job
Geez, let's see…
I buy a car, I swap the engine, I add a body kit, I tear out the interior and change it. Hmmmm… never heard of a car company trying to complain…
I buy a house, I change the interior, I add a new room, I take down a room, I paint it any colour I want. Hmmm… never heard of a builder complaining…
I buy a computer…
I buy anything… isn't it mine to do with as I please?
Apple's only complaining because jailbroken apps aren't returning money to Apple. What will happen if they don't get the copyright infringement? They will start producing Apple Store Apps that do many of the same functions as the jailbroken ones. Then there become a real lawsuit I guess…
I would like a Cellular/Wi-Fi connected iPhone with a cellular-data-only plan from someone other than att. Then I want to jailbreak it and use Skype on it along with any other app I feel like using. Is this possible?
Most of the drug dealers I know are waaaaay too stoned to even consider learning to code !!!
Maybe Apple knows some hyper intelligent wreckheads, I don't!!
They are several reason why apple is doing this AT&T is not getting money off the sell of Iphone until customer sign up with a AT&T plan. So by selling iPhones is what apple is doing and behind the scene AT&T is screaming at apple why are the having a phone that could hack. I bet you an analyst from AT&T told the CEO the comparison of Iphone sold compare to AT&T iPhone user and it was shock. Knowing that AT&T paid a hefty lump sum to apple for being the only exclusive carrier to use the iPhone. So it's not really Apple guys blame this on AT&T to be greedy by buy an exclusive deal to make them get rich And realize that other carriers are using iPhone like t-mobile. Second, with the apps, apple realize that other people are making money thru the web which is tax free from the government and apple is not getting a dime from it. I feel apple did this on purpose but never realize that beside getting paid from AT&T for being the only carrier to carry the iPhone, they realize people even hack the phone on a way to put third party software on it. Way to go apple. Greed works along side with karma for this one.
ok this is where apple's argument goes to hell. They say it makes it possible for some one to "hack" their towers. ok… guns, knifes, bats ect. make it possible and WAYYY easier to kill/murder some one yet its not illegal to own these its illegal to actually commit the murder. So jailbreaking shouldn't be illegal actually hacking the tower should be. And what does apple give a shit if AT&T gets hacked???
Making Jailbreaking illegal is outrageous , if Jailbreaking didn't exist for the iPhone I wouldn't have one . I'd still have my Sidekick
hell yeah
I think that it should be made legal, but if anyone gets caught playing with the BPP they should be subject to harsh penalties….IF they are using it for malicious reasons…Hell, i dont think it's illegal to MAKE a virus…as long as you arent distributing it…right??
Who Gives a F? Are they going to go arrest me and everyone who has Jailbroken their Iphone? get bent apple. seriously a cell phone without mms? Lame!
You fork out big bucks for a piece of hardware. It's yours. If you buy a car and the shop say you can't put in a different stereo or a different engine block you would tell them to get nicked. You can't put an extension on your home because it alters the architects original design. Get real apple.
ohk so seriously jailbreaking is a choice
and if people take that apple should not be able to sue or watevs but wen ther fone breaks it shud on the person not apple so therefor voiding the warranty
anyway apple is a pure case of capitalism
This is crazy, I buy the phone I'll do what I please with it. I'd say 50+% of people who have iphones have them jailbroken. Thats whats made it so popular, not jailbreaking is like buying a Ferrari and obeying the speed limit.
I'm with all of you. Your arguments are all valid except for taking down the network. I'm an ex phone co Comm Tech. I really don't see that because there is too much redundancy built in. As for jailbreaking I'm all for it. Apple is being a horses ass. They just want to control everyone like the rest of the big businesses. I say whatever Apple can do to the iphone can be undone by the wonderful programmers who dreamt up the programs to jailbreak our iphones so we can put our own individuallity into them. Long live the coders.
if there is not a jailbreak i am sure that every one don't buy iphone, i give you example i dont buy ipod touch 3g til the jailbreak are relese . tnk you dev-team
I have an iPhone that has no contract. I moved to Guam, U.S.A. where there is no vendor for AT&T or Apple. Can't use the dang phone without unlocking or jailbreaking. Everyone that has one here paid $1100 for a factory unlock from neighboring Hong Kong. What's a girl to do? I should have a right to a factory unlock since Apple/ATT has no resources but ATT said no way… Suck eggs.