No, you can't do what you want with goods you paid for...

Feb 13, 2009 14:30

Or so says Apple. Yet another attempted kick in the teeth to fair use. Sad that it's one of my favorite companies doing it...
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Apple Says Jailbreaking iPhones Is Illegal, Dammit
By matt buchanan,

For the first time ever, Apple has said publicly that jailbreaking
iPhones is illegal. In comments filed with the US copyright office,
Apple says that jailbreaking is copyright infringement and a violation
of the DMCA.

Every three years, the US Copyright Office has a rulemaking session
for the Digital Millennium Copyright Act, where exemption requests can
be filed. For the 2009 session, the Electronic Frontier Foundation
filed an exemption request for jailbreaking iPhones for the purposes
of interoperability with independent software-i.e., apps not in the
App Store.

Apple filed these comments (warning, PDF) in opposition, which is the
first time it's explicitly said that jailbreaking itself is illegal
('cause copyright infringement is, well, not legal). It gets pretty
nasty trashtalking the EFF in parts, and pretty masturbatory talking
about how amazing the iPhone is in others (to show how it doesn't need
to be opened to foster innovation). But the bottom line, according to
Apple, is that the act of jailbreaking itself constitutes copyright
infringement because it "involves infringing uses of the bootloader
and OS, the copyrighted works that are protected by the TPMs being
circumvented."

The EFF's counter-argument is that "courts have long recognized that
copying software while reverse engineering is a fair use when done for
purposes of fostering interoperability with independently created
software." Apple says, whatever, it's not fair use, you suck.

We'll let the lawyers figure it out, but as a betting man, my money's
on the Fruit. [EFF]

geeking

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