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Hardware 2.0

Adrian Kingsley-Hughes

Jailbreaking now legal ... so what?

By | July 27, 2010, 4:43am PDT

Summary: So, jailbreaking your iPhone is now legal. So let’s sit back and wait for everyone to jailbreak their iPhones and cut Apple out of the lucrative App Store market …

So, jailbreaking your iPhone is now legal. So let’s sit back and wait for everyone to jailbreak their iPhones and cut Apple out of the lucrative App Store market …

Woah there, not so fast!

See,the decision as to whether to jailbreak an iPhone or not rarely comes down to the legality of it. In fact, I’m pretty sure that the idea that it might not be legal to tinker with your own device would cross the mind of the average user. People rip DVDs, download music and video, and grab cracks for games off the interwebz without giving the “legality” of the matter any thought.

The decision to jailbreak or not has little to do with the legality of the move. To jailbreak or not to jailbreak comes down to the technicalities of the process. Is it easy? Is any technical know-how needed? Is it painless? Are there any drawbacks?

While jailbreaking isn’t technically challenging, it’s not without a certain level of complication. On top of that, firmware updates destroy existing jailbreaks, and so care has to be taken when upgrading. Oh, and there’s the ever-present chance of hosing your iPhone the more you mess with it …

… and if you do that, don’t expect Apple to be sympathetic.

What this ruling does is make jailbreaking a legal process, and while that in of itself doesn’t make it any easier, it does pave the way for commercial outfits to come in and try to de-geek process. This might help popularize jailbreaking services and take them out of the fringes and into the masses, but even then, I just don’t see there being enough on offer in jailbreaking to attract the masses (except, maybe, unfettered access to pirated apps).

Let me give you a car analogy. You can do pretty much anything you want to your car (OK, within reason … those Boudica swords you’ve always wanted to attach to the wheels are still illegal), but most people buy a car and run it until they’re bored with it. Perhaps they hang fluffy dice off the mirror, or get a personalized keyring, but tinkering with cars, despite being big business, is still only something that appeals to the few.

The masses aren’t buying iPhones with the idea of making them better, the masses are buying iPhones because it suits their needs. Jailbreaking is still for the geeks and hobbyists.

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: Jailbreaking now legal ... so what?
Cannabis Seed 27th Oct
@Ceridan
This was always going to happen, after all the only way to ensure the continued focus of devs on the iPhone was to allow jailbreaking.
cannabis seed
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I'm waiting for...
Ceridan 27th Jul 2010
Steve Jobs starting a new "Terrorists use jailbroken iPhones to cause the antena problems of the iPhone 4" round of FUD... Would actually be funnier then the current wave of P.R. stupidity about their design flaw is supposed to be an industry wide problem(the flaw is not industry wide... it's specific to the iPhone 4...).
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@Ceridan Are you serious, jail break is legal now, you know this will boost business of used cellphones in asia.
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@Ceridan
This was always going to happen, after all the only way to ensure the continued focus of devs on the iPhone was to allow jailbreaking.
cannabis seed
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RE: Jailbreaking now legal ... so what?
Real World 27th Jul 2010
If I can get a decent BlueTooth stack onto my iPod, that's all the incentive I need to jailbreak it. Then again, I'm hardly non-technical.
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@Real World that is just helarious , kailbreaking become a worldwide talk now , can't blieve it
moving services | Tulle
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@Real World When it comes to legality as like
Tampa Car Accident Lawyer that is not more legal to tinker with jailbreaking iphones and it is better to leave it alone
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CORRECTION
tolu16ng@... Updated - 27th Jul 2010
Geeks, hobbyist AND foreigners... I had to do it once because Apple did not even have the foresight that an iPhone might make it to Nigeria. The poorer neighbor up North, maybe, but Nigeria no.

Jail breaking just makes the iPhone legally available in Nigeria and more than a dozen other elitist controlled states/countries, so Apple just might be on to something, in a sick half eaten fruit kind of way perhaps, but maybe.
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Adrian - sorry but I cannot agree with you.
This single change I think is the one chance Apple has of not replicating the Apple IIe fiasco.

I see the next steps as follows (the order may change):

1. JB-ing an iphone becomes as easy as installing another app or minor iOS update.
2. Stores like Cydia start popping up and will eventually whittle down to a good few.
3. Adobe flexes a bit and either advocates for or oppens a store for flash apps
4. The media industry (including adult) promote their own apps.

I see a growing opportunity for jb-ing or other functionality that allows install of 3rd party apps - and not just for techies.

This all of course hinges on the lawsuit outcomes...
and the challenge to the terms of the "warranty" too

popcorn.....
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RE: Jailbreaking now legal ... so what?
dave95. Updated - 27th Jul 2010
.............
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I totally agree with this "While jailbreaking isn???t technically challenging, it???s not without a certain level of complication. On top of that, firmware updates destroy existing jailbreaks, and so care has to be taken when upgrading. Oh, and there???s the ever-present chance of hosing your iPhone the more you mess with it " more power...

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RE: Jailbreaking now legal ... so what?
dave95. Updated - 27th Jul 2010
Had the same initial reaction. Those who wanted to jailbreak would have continued to do so with or without this ruling. And those (majority) not interested probably wont even notice this ruling. There's enough variety and quality content in the App store as it is already.
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Basically I was told when I owned my iPhone 3G that if I jail broke it, I was no longer eligible for customer support.

With this new ruling can this policy still stand? Was it ever legal to deny support for jail breaking?
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RE: Jailbreaking now legal ... so what?
splinefusion Updated - 27th Jul 2010
@mr1972 In my opinion: Where jailbreaking impacts originally-intended functionality, there ends Apple's support responsibility. How easy it will be for a "Genius" to just blame jailbreaking for functionality loss.
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RE: Jailbreaking now legal ... so what?
Pete "athynz" Athens 27th Jul 2010
@mr1972 With this new ruling can this policy still stand? Was it ever legal to deny support for jail breaking? In a nutshell yes and yes. Apple is not obligated to repair what is a user screw up (their POV not mine) of the OS and as an iPhone owner and jailbreaker I can understand why they would not be obligated to provide support to a jailbroken iPhone. All this ruling did was to make jailbreaking legal meaning that Apple cannot go after anyone who has jailbroken their iPhone and cannot arbitrarily send something to brick the jailbroken device. An updated OS will mess up a jailbreak because the update installs a full OS rather than just patch the OS.
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I don't fully agree
Friend54321 27th Jul 2010
Jailbreaking itself doesn't need any knowledge at all. See for example Spirit. You download it, you hit one button and bang! your device is jailbroken!
Cydia has a very easy interface to get cool additions. I'm sure that if more people would be aware what they are missing, jailbroken devices would go up from 10% to 30 or even more.

I for myself can?t live without apps like SBSettings and Firewall iP. Especially Firewall iP from CydiaStore, which can stop Apps from sending out data and even block ads I feel safer with that tool.

What are your favorite Cydia Apps?
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RE: Jailbreaking now legal ... so what?
KnockKnockFWR Updated - 27th Jul 2010
On top of these great apps like sbsettings, ringtones, a real bluetooth stack, it can be added that multitasking, themes (winterboard) and folders organization (main new features of ios4) has been available for jailbroken devices already a year ago.
Cydia apps show apple how to make evolve their firmware.
NO, JB is not only meant for people who want to use pirated apps, it just makes of the iPhone a great device.
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What about the same situation on game consoles, where it is far far more problematic for users, because you can't donwload free mods, and are obliged to buy costly DLCs ? Jailbreaking may be a problem, but it has no impact on customer wallet. There are a lot of free appstores apps, there are a lot of paid jailbroken apps.
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RE: Jailbreaking now legal ... so what?
Robert Warren Updated - 27th Jul 2010
"People rip DVDs, download music and video, and grab cracks for games off the interwebz without giving the legality of the matter any thought." Actually, i've been using dvd ripper of ifunia on my mac all the time.
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Still illegal to create Jailbreaks
keebaud@... 28th Jul 2010
It is important to note that people who create jailbreak solutions and distribute them are still violating the law, so it's unlikely that commercial jailbreaking is going to become a reality in the near future.
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jailbreaking is great news
galile0 28th Jul 2010
Jail breaking is helping consumers expand the use of the iPhone as well as release Apples grip on over censorship (now also in the bookstore), they could adapt this new to be good PR as it looks like thy will have to embrace it or if they react badly will create another setback that I?m sure the company could have done with not coming to light at the moment in time ,it will be interesting to see what's next in the news regarding iPhone/Apple issues (antenna, manufacturing, roaming service charges) and their steps to refund cases won?t make up for the iPhone 4's lack of function over form.

It's a shame to see so many issues with the iPhone 4 after so many people waited for it's release. What's more of a shame is that it seems Apple knew about some of these issues already, such as the problem with reception.

But Apple have created such a loyal following that people may just put up with what issues there are for the sake of owning the latest Apple product.
Personally, I'd be happier with an older iPhone - at least then the issues are all ironed out.

However, it's also interesting to see how much excitement new technologies can bring. New technology and innovation is important for new business, illustrated by entrepreneurship grants and new business competitions like www.ukesnc.com.

Guess it's not all bad!
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