Apple Lawyers Using Jailbroken iPhones?

By Kevin Parrish, published on March 30, 2009 at 7:11 PM
Source: Tom's Guide US | Keywords: , , | Themes: Audio/Video Players
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Someone discovered that an image displayed within the iPhone biometric security patent application shows a jailbroken iPhone menu. Shame shame.

Was it a slip-up, or a full-fledged disregard to Steve Jobs' insistence that jailbreaking the iPhone and iPod Touch is nothing more than illegally cracking the devices? That's the question to ask Apple attorneys--Kramer, Levin Naftalis & Frankel--when loading up the iPhone Biometric Security Patent Application, or rather, question the person who created the diagram within the patent. After all, jailbreaking has been a hot topic as of late, and frankly, shouldn't be an issue at all. Why? Because consumers should have the right to install whatever applications they want on a device they personally own. Then again, the iPhone and iPod touch aren't the only devices that feature consumer lockdowns.

For the uninitiated, jailbreaking the iPhone operating system means that consumers can install whatever they please on the device--anything unauthorized to be more specific--whether it's a ported PC game, a cool theme, or applications not available on Apple App Store. There's some speculation about whether jailbreaking is illegal or not, with Apple saying it violates the DMCA and others saying that jailbreaking is protected under fair-use doctrines. Supposedly, jailbreaking the devices will not cause any physical harm, however doing so voids the warranty, especially if 3rd party apps perform malicious actions.

Still, whether jailbreaking is legal or not, the iPhone Biometric Security Patent Application illustration does indeed show non-Apple icons.  Both the Intaller.app and SMBPrefs (SummerBoard website, example image) icons are clearly illustrated on the menu along with a theme displayed in the background (speculated to be the iWood Realize theme from iSpazio although the background looks nothing like wood). Unfortunately, jailbreaking has nothing to do with the filed patent, so it's safe to assume that someone illustrated the diagram using a not-so-official Apple device, and not intentionally doing so for the sake of the patent.

Ultimately, this may become a problem, and it may be that the patent image will disappear once Apple catches wind of the "mistake." The illustration only goes to show that consumers want flexibility and the freedom to customize both the iPhone and iPod Touch, something that jailbroken devices are capable of providing. It's highly likely that Apple will release the reigns, but from the looks of the patent illustration, even Apple attorneys want a little freedom.

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08nwsula 03/31/2009 1:28 AM
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must be the same attorneys that work for psystar. ;)

Commandodan 03/31/2009 2:17 AM
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It's 'reins' not 'reigns' there in the last sentence... Come on people :)

Tindytim 03/31/2009 12:17 PM
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mlopinto2k1 03/31/2009 12:44 PM
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"Intentional mis-spelling"... relax! Anyway, Apple seems like they are testing the waters in a sort of reverse psychology. How could something like this go "UN-NOTICED". Ridiculous.

hillarymakesmecry 03/31/2009 1:37 PM
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SecksPanther 03/31/2009 2:27 PM
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Tindytim, you should be a journalist. Nice work presenting only the information that supports your point and deliberately overlooking that which refutes it.

rein
–noun 1. Often, reins. a leather strap, fastened to each end of the bit of a bridle, by which the rider or driver controls a horse or other animal by pulling so as to exert pressure on the bit.
2. any of certain other straps or thongs forming part of a harness, as a checkrein.
3. any means of curbing, controlling, or directing; check; restraint.
4. reins, the controlling or directing power: the reins of government.

I believe this is what the author intended to use.

As for jailbreaking, you could support Apple's lockdown on the device if it's to keep malicious software off of their carrier's cell network, but it's easy to understand why consumers feel they should be in complete control of the device they purchased.

Tindytim 03/31/2009 2:29 PM
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E7130 03/31/2009 4:23 PM
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I would imagine that any one high up in Apple walks around with a jailbroken iPhone.

blackened144 03/31/2009 4:40 PM
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hillarymakesmecry :
I'm pretty sure the primary purpose of jailbreaking is installing stolen, hacked software.


Well, as someone who owns an iPhone, I happen to know your wrong. The main reason to jailbreak an iPhone is to use a different carrier or install completely legal software that Apple hasnt approved. Just because Apple didnt approve of it doesnt mean it is hacked or stolen.

bounty 03/31/2009 8:58 PM
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seckspanther :
As for jailbreaking, you could support Apple's lockdown on the device if it's to keep malicious software off of their carrier's cell network,



This part of your argument is like if Microsoft said you can only install MS apps to protect your ISP. I'm gonna go ahead and say no.

SecksPanther 04/01/2009 3:49 AM
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bounty :
This part of your argument is like if Microsoft said you can only install MS apps to protect your ISP. I'm gonna go ahead and say no.


That's a great point, but the problem is you are thinking logically. Try thinking like Apple instead. :) I am of the impression their computers are quite resistant to custom upgrades. Everything has to be done through Apple for about 2x market value.

Apple iPod? Users typically have to use iTunes, although there are (thankfully) other programs out there like Floola that will allow a somewhat savvy user much more flexibility and control of their iPod.

In other words, Apple prefers lockdown mode. They should change their company name to Warden (not that I've ever spent any time in prison).

I'm not saying Apple is horrible or pathetic. They've managed to consistently see a positive number on the bottom line (i.e. profit) so it seems to be working for them. I just think they are of a different mindset when it comes to their customers, so their stance on the iPhone really doesn't surprise me.

neiroatopelcc 04/01/2009 9:14 AM
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SecksPanther :
That's a great point, but the problem is you are thinking logically. Try thinking like Apple instead. I am of the impression their computers are quite resistant to custom upgrades. Everything has to be done through Apple for about 2x market value.Apple iPod? Users typically have to use iTunes, although there are (thankfully) other programs out there like Floola that will allow a somewhat savvy user much more flexibility and control of their iPod.In other words, Apple prefers lockdown mode. They should change their company name to Warden (not that I've ever spent any time in prison).I'm not saying Apple is horrible or pathetic. They've managed to consistently see a positive number on the bottom line (i.e. profit) so it seems to be working for them. I just think they are of a different mindset when it comes to their customers, so their stance on the iPhone really doesn't surprise me.



I think in general apple users want the lockdowns. They want to be told what to do, and how to do it. They pay a premium for being protected from custom software which they think will hurt them. They don't want to know that there's much greener grass on our side of the fence. That's why the apple system works in the first place.
Now the iphone is a bit more tricky, as it initially offered something no other phone did, thus tricking otherwise intelligent people into invest in apple.

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