Saturday, October 11, 2014

Is Jailbreaking legal?

Is Jailbreaking legal?


Jailbreaking a device involves circumventing its technological protection measures (in order to allow root access and running alternative software), so its legal status is affected by laws regarding circumvention of digital locks, such as laws protecting digital rights management (DRM) mechanisms. Many countries do not have such laws, and some countries have laws including exceptions for jailbreaking.

Late last week, the Librarian of Congress issued the latest set of exemptions to a copyright law that covers this kind of thing, the Digital Millennium Copyright Act (DMCA). It said that smartphones were exempt and that tablets were not.

In other words, if you jailbreak your iPhone you can't be sued for DMCA violations. But if you jailbreak your iPad, you can, even though you would be running the same jailbreaking app on the same operating system, just on a larger device.

To be clear, jailbreaking was never illegal per se. There was just some uncertainty on whether or not Apple could take legal action against jailbreakers if it ever decided to. But this decision makes it clear: jailbreaking is not illegal.

At least on iPhones, anyway. The Register of Copyrights, who is responsible for determining DMCA exemptions, felt that the term “tablet” was too broad to rule on. So unfortunately the iPad was not included in this year’s list of exemptions.

The act of unlocking smartphones was also excluded from the new exemptions list. After 6 years of permitting users to unlock their handsets to take to other carriers, the Librarian of Congress decided that it was time to move on.

Why the sudden change? According to the filing, the Register is updating the policy “to align it with today’s market realities.” It believes that carriers are now much more liberal with their unlocking policies, and there is no longer a need to intervene. But don’t worry, all handsets purchased before January of 2013 will be covered under the previous exemption.

This Makes No Sense


The tablet exemption is a bit of a head scratcher. I'm free to jailbreak my iPhone and do as I please with it, but if I want to run the same jailbreak tool on a larger device running the same exact operating system, it's against the law?

Accessing Cydia on my iPhone 4 is cool, but doing it on a screen a few inches bigger? That's illegal. Other than its size, the only significant difference between these two devices is that the iPhone makes and receives calls.


The new rules also forbid personal copying of DVDs. And starting in January 2013, it will be illegal to unlock new smartphones for the purpose of switching carriers. Unlocking older handsets will continue to be fine. The whole thing illustrates what Ars Technica's Timothy B. Lee calls "the fundamentally arbitrary nature of the DMCA's exemption process."

Sources:
  • http://www.idownloadblog.com/2012/10/25/jailbreaking-is-still-legal/
  • http://www.businessinsider.com/jailbreak-the-iphone-but-not-the-ipad-2012-10
  • http://en.wikipedia.org/wiki/IOS_jailbreaking
  • http://readwrite.com/2012/10/28/yup-jailbreaking-your-ipad-is-illegal
  • http://www.wired.com/2010/07/feds-ok-iphone-jailbreaking/

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Should I jailbreak my Apple device?

One piece of conversation that always comes up though when there is a working jailbreak is - Should I jailbreak?

For many folks, the answer is always going to be "yes" because they just want all the extra goodies that jailbreaking offers. There's a lot of cool themes, apps and just general tweaks to enhance the overall experience when using an iOS device and they enjoy getting deeper into the system so to speak.

For others though, the answer is always going to be "no" for a lot of various different reasons with the most common one being the instability in the OS that occurs for some folks after jailbreaking. I'm a firm believer that it all depends on what you install but again, it's one of the biggest reasons among users for not jailbreaking along with battery life concerns, whether it be true or not.

Benefits of Jailbreaking






  •         When you use your iPhone internationally, you are subject to roaming charges. For Internet access you can always use free Wi-Fi hotspots to hold down roaming charges, but free Wi-Fi is not as common in countries outside the US. You can unlock a jailbroken iPhone, allowing you to replace your original SIM with an inexpensive pay-as-you-go SIM that you purchase in the country you are visiting.
  •         For an extra monthly charge, you can tether your iPhone to your notebook computer to give the latter Internet access in areas where there is either limited or expensive Wi-Fi. Alternatively, there are several apps that run on jailbroken iPhones that give you this same access for free.
  •         Without jailbreaking, you have to use AT&T or Verizon – assuming you are located in the US – as your carrier for your iPhone. But jailbreaking and unlocking your iPhone lets you use any 3G or 4G carrier.
  •         Cool Jailbroken iPhone Apps
  •         One of the best parts about jailbreakme is how quick and easy it is to open up your iPhone. No need to download software onto your desktop or hunt for updates that dodge jailbreak-killing iTunes updates -- by using the Web browser, the whole process takes less than a few minutes over a Wi-Fi connection.
  •         If you're scared of the consequences of jailbreaking your iPhone -- or simply don't like the experience -- jailbreakme is fully reversible.

Risks with Jailbreaking


  • The security risks of jailbreaking are huge. You give up all the considerable security protection the iOS normally provides. This leaves your iPhone or iPad more vulnerable to attack.
  •  If something goes wrong during the jailbreaking process, you automatically void your warranty with Apple.
  •  Goodbye Stability and Safety
  •  You don't get to Update iOS as soon or as easily
  •  You'll be restoring often
  •  Bricking: As with any tampering of your iPhone, you run the risk of experiencing "bricking." Bricking renders your phone unusable and requires a complete wipe and restore to make it functional again. Not a big deal given the quick fix, but it does serve as a deterrent.
  •  Voiding Warranty: Though it's now legal to jailbreak your iPhone, doing so still voids your phone's warranty. Without a valid warranty, Apple will not cover any damages or other malfunctions related to your phone.

    Sources:

  • http://www.imore.com/should-i-jailbreak-or-not
  • http://blog.trendmicro.com/to-jailbreak-or-not-to-jailbreak-that-is-the-question/
  • http://lifehacker.com/5799007/why-you-should-not-jailbreak-your-iphone-ipod-touch-or-ipad
  • http://www.techhive.com/article/202441/5_Reasons_to_Jailbreak_Your_iPhone_and_5_Reasons_Not_To.html
  • http://netsecurity.about.com/od/iphoneipodtouchapps/a/Is-Jailbreaking-Your-iPhone-Safe.htm



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