Is Jailbreaking The iPhone 4S or iPod Touch Legal in the US?

Jailbreaking is simply hacking the iPhone 4S or iPod Touch’s OS for users to enjoy the option of choosing to run any applications including those that are not authorized by Apple.

The primary reason for jailbreaking is to acquire other applications from the alternative Clydia. Majority of these alternative apps are extensions and customizations that users install to personalize their iPhone’s or iPod Touch’s interface.

Apple raised an issue against iPhone jailbreaking

The company has vigorously opposed the legalization of jailbreaking because according to Apple, it infringes on copyright protections. Exclusivity of the iPhone and iPod Touch led Apple to sell over a billion apps based on more than 35,000 apps designed by more than 50,000 developers.  However, EFF (Electronic Frontier Foundation) urged the Copyright Office to legalize and authorize jailbreaking. Advocates rationale that iPhone users should be allowed to do whatever they want with their devices.

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Apple claims that jailbreaking is unlawful however; the company has not filed legal complaints on the millions of iPhone and iPod Touch users who chose to jailbreak their phones and opted for an underground app store. Even if Apple has the resources to file legal complaints against jailbreakers, the deed would entail money, time and manpower.

What now?

More than a year and half ago, the Electronic Frontier Foundation prodded the Copyright Office to include jailbreaking to Digital Millennium Copyright Act‘s list of exemptions to the anti-circumvention provisions.

On July 2010 the Federal regulators finally released its decision regarding jailbreaking. It was announced that there’s nothing unlawful in jailbreaking an iPhone or iPod Touch.  Based on existing copyright laws, Apple’s claim of copyright infringement has no real basis. There are no current copyright regulations to help Apple protect its iPhone 4S and iPhone Touch against hacks.

How To Jailbreak iPhone 4S

Is It Legal To Jailbreak The iPhone 4S?

The Copyright Office claims that copyright laws is not the correct means to implement restrictions on running programs that can be run on a specific OS. However, Apple claims that encryption built in the iPhone’s start-up OS bootloader is protected by the DMCA. This is in complete synch with the act’s prohibition of circumventing any encryption technology to modify or in some instances “copy” copyrighted works.

After three years, the Copyright Office and Librarian of Congress would have to review proposed exemptions. But in the meantime, US law recognizes jailbreaking as legal.

Are you in favor or not in favor of the legalization of iPhone jailbreaking? We’d love to hear your views. 

What Does It Mean To Jailbreak The iPhone or iPod Touch

Jailbreaking, A History

Imagine a time when iPhones were the way they were, from the time you take them out from the box until eternity. There was no such thing as applications. No other developers but Apple themselves. You might think you’re in a dream but in January of 2007, when the first iPhone was unveiled, this was the way things were.

A group of people called “hackers” saw this as an opportunity and created the process we now know as iPhone jailbreaking. The goal is to modify the system to the user’s needs. This includes removing restrictions set by the wireless provider and the manufacturer. Don’t get me wrong, these people don’t hate Apple, in fact they loved Apple and the iPhone 3GS but they did not like the fact that everything was just too bland and boring. They saw the endless possibilities and they wanted it to become a reality.

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Jailbreaking Today

Today, the Apple App Store carries hundreds of new apps and many more are added each day. And yet, there are still many clamoring for their iPhone 3G, 3Gs or iPod Touch to be jailbroken and the business of third party iPhone apps continues to boom. Doesn’t the new iOS and App Store give us enough customization and fantastic apps? I guess not.

Some small time developers also have a difficult time getting their apps onto the App Store due to its strict rules and guidelines, and of course the $99 developer fee. Which is a hefty price for a young developer who only wants to share his talents and sometimes may even not want to charge others for downloading his app.

So depending on your needs and wants, different people have different reasons for wanting to jailbreak or not wanting to jailbreak their iPod Touch or iPhone.

Jailbreak iPhone 4S

Getting the Facts Straight

For those of you who are still skeptical or merely have questions, we have 3 rumors that we would like to settle.

1) iPhone Jailbreaking is illegal

False. The U.S. Library of Congress made the formal statement last July 2010 that jailbreaking is entirely legal. In fact, it is every iPod, iPhone, and iPad owner’s right to have their iPhone jailbroken if they want to. Jailbreaking the iPhone was seen as a process similar to that of “unlocking” or making a phone “open-lined.”

2) Jailbreaking The iPhone will void the warranty

True. Tampering with a device outside of the manufacturer’s direction will logically result in the forfeiture of the warranty. Apple’s explanation is that to ensure smooth interface capabilities and quality applications, it must subject these things to certain rules and regulations.

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These are all in the interest of the user for error-free usage. Some users have been able to get around this though by returning their iPhone to factory settings so that the device will have no trace of ever being tampered with.

3) It will destroy your iPhone

Possible. Remember that you are putting in software and applications that haven’t been tested or approved by anyone but the developers. So it is always important to research on the things you wish to install. Check for reviews online if others have tried and if the developer is trust worthy.

Jailbreaking is a right and maybe even a privilege. But it can sometimes come at a price and no one can force to you jailbreak your iPhone. It is a world of endless possibilities and there is so much more to explore.

Tell us your jailbreaking experience or your opinions on the matter.