Library of Congress Rules that Jailbreaking iPhones is Legal ... So What?

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Paul Thurrott

Windows IT Pro

InstantDoc ID #125667

The US Copyright Office, a unit of the Library of Congress, this week ruled that iPhone users are free to "jailbreak" their devices, opening them up to non-Apple-approved applications. Anyway, that's how it's been reported. The New York Times noted that the ruling means Apple has "lost a bit of its grip" over customers, while The Wall Street Journal reported that iPhone users were now free to alter the software on their phones.

Neither of these statements really describes what has transpired.

The Library of Congress ruling, such as it is, refers to a much broader question of circumventing technology designed to protect copyright works and is not specific to Apple or the iPhone at all. (In fact, neither term appears in the ruling.) The ruling falls along the lines of well-established previous rulings regarding fair use and copyrighted works. That is, that making non-infringing uses of copyrighted works is, in fact, legal.

There are six "classes of work" described in this ruling, only one of which applies in any way to unlocking an iPhone. It is described as those "computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset." Other classes of work described in the ruling include DVD movies, unfettered wireless access for mobile devices, video games, PC dongles, and eBooks.

The Library of Congress notes that it is legal, from a fair use perspective, for customers to bypass a phone's controls in order to install software applications that will run on that phone. It's not iPhone-specific at all, but looked at in terms of the iPhone, this means that iPhone users could theoretically install applications on the device that were purchased or downloaded outside of Apple's tightly-controlled App Store ecosystem.

There's just one problem. As Apple has noted repeatedly, if you jailbreak your iPhone, you have just voided your warranty.

"Apple's goal has always been to insure that our customers have a great experience with their iPhone," an Apple representative said this week. "Jailbreaking can severely degrade the experience and can violate the warranty and can cause the iPhone to become unstable and not work reliably."

So, to reiterate: The Library of Congress did issue a fair use ruling with regards to six classes of technologies. And yes, from a fair use perspective, users are free to "jailbreak" an iPhone. But doing so will void the warranty. Isn't that last fact still the most pertinent part of this story?

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@ Robinson (aka Mr Pot)

Of course I am personally attacking you, you called a Paul a liar, is that not a personal attack based on what is essentially a matter of meaningless semantics?

Let us keep it simple for you.

If you do jailbreak you iphone have you or have you not voided your warranty?

Gordon7/30/2010 7:45:36 AM

So, in short, Subzero and Gordon cannot point to where Apple has said that jailbreaking will without a doubt violate your warranty and have resorted to personally attacking me.

Robinson7/29/2010 10:12:25 AM

@Robinson,

You do realise that regurgitating crap is a physical impossibilty, did you miss out on elementary biology?

Time to throw away the shovel my dear boy.

Gordon7/29/2010 9:19:46 AM

Robinson,

You are just playing semantics. Even Cult of Mac, which got the official response says it plain English.

Apples goal has always been to insure that our customers have a great experience with their iPhone and we know that jailbreaking can severely degrade the experience. As weve said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably.

Read down further in the article....

"It does, however, answer the main question I had: does jailbreaking void the warranty? Yes, it does."

Obviously Apple's has made it pretty clear that if they find any signs of unauthorized modification or "jailbreaking", you've violated the warranty. How much definition and implication of Apple's clear stance on consequences of Jailbreaking must be deciphered for you to understand? It seems everyone else gets it. If you jailbreak and it breaks the phone, you're pretty much screwed. Really, don't need a degree in law to figure that much out.
I believe you owe Paul Thurrott an apology. He did not lie. He reported it as Cult of Mac, Ars Technica, PC Magazine, and every other technology website and news organization has as well.

This is just another fanboy playing semantics with Paul. Seriously, stop. You're making yourself look like an absolute imbecile.

subzerohitman7217/28/2010 11:12:46 PM

Gordon,

Paul says that jailbreaking an iPhone will categorically violate the warranty and he attributes this claim to Apple. The problem with that are two fold.

1. Apple didn't say that.

2. Jailbreaking a phone in itself doesn't violate the warranty.

Paul is not telling the truth. I have had three phones and all were jailbroken. One needed service and Apple was happy to do it so long as I could show that the issue persisted with the standard software installed. Perhaps you and Paul should do some basic research and just inquire with the company rather regurgitating crap?

Robinson7/28/2010 7:17:20 AM

I think Robinson is getting amazingly picky. He did use different words, but it means the same thing. If you read what he is saying, it refers not just to Apple, however he does mention "There are six "classes of work" described in this ruling, only one of which applies in any way to unlocking an iPhone." and then goes on to say "but looked at in terms of the iPhone".

The initial Apple quote comes from the New York Times and the Washington Post. " Anyway, that's how it's been reported. The New York Times noted that the ruling means Apple has "lost a bit of its grip" over customers, while The Wall Street Journal reported that iPhone users were now free to alter the software on their phones."

Before accusing someone of lying - and they are so not in this case - take time to actually read the article properly and inwardly digest.

Anyway, if people are willing to have their phone jailbroken, a practice common here in the UK, there must be a demand for it.

Gordon7/28/2010 4:33:35 AM

You guys are missing news that's almost more important than the Jailbreak. First and foremost the ruling never mentions Apple, just smart phones in general, and the most important part of this... It's not legal to prosecute users if they unlock their phones for other carriers.

In Canada and other countries, just about every little cell shop on the planet will have all the unlock codes and means to unlock a phone. This could potentially usher-in an era where we see a lot more GSM portability in the US.

Granted that still leaves CDMA users high-and-dry, but T-Mo/AT&T direct competition will force a competitive improvement to both their networks. I already have a lot of friends who are T-Mobile iPhone users, and this might make the practice more common.

Frankly I'd rather there be a law that wireless hardware has to be portable and unsubsidized, or a portable option must always be made available for a premium cost.

It's impossible to *ever* come up with a situation where exclusivity really benefits a consumer.

O7/27/2010 4:04:06 PM

Actually, I guess a few of those Apple users are willing to risk voiding their guarantee in order to have access to features not available in iOS, but available by means of software like Spirit (iPad jailbreak).

Would you really expect Apple to be happy about jailbreaks? :-)

Felipe Alfaro Solana7/27/2010 3:51:42 PM

@fanboys suck

Apple's policy has been that they will not service a unit under warranty that is jailbroken until you can restore it to its default configuration and reproduce the issue. If in the process of jailbreaking the phone you screw it up to the point that it won't work and cannot restore it to the default then you are on your won. So, the act of jailbreaking the phone doesn't violate the warranty. Doing something to the phone that it was never intended to do resulting in an inoperable phone is not covered by the warranty. You also can't get warranty service if you take it swimming, run over it or any number of things that damage it.

When Paul says "As Apple has noted repeatedly, if you jailbreak your iPhone, you have just voided your warranty." he is lying. That simply is not the case nor is it what Apple said in the quote that Paul used.

Robinson7/27/2010 1:45:13 PM

"What Apple is actually saying is that if you Jailbreak your phone and fubar it to the point where it doesn't work anymore then you can't expect them to fix it for you. That is actually pretty reasonable."

Explain to me how this is different than voiding your warranty? Either way, Apple won't fix it. How is this a "lie"?

fanboys suck7/27/2010 12:46:12 PM

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