Source: Tom's Guide US | Keywords: iphone, jailbreak, unlock, dmca, drm | Themes: Smartphones
Mozilla is now actively backing a movement that, if successful, would essentially nullify copyright infringement charges against individuals that ‘jailbreak’ their Apple iPhones – a practice that Apple considers illegal.
Mozilla, the makers of the widely popular open source browser project Firefox, said in comments submitted to the U.S. Copyright Office that it supports the Electronic Frontier Foundation (EFF) in its request for an exemption to the Digital Millennium Copyright Act (DMCA). The EFF wants the Copyright Office to let users ‘jailbreak’ their iPhones without fear of copyright infringement issues.
Apple naturally opposes this request claiming that the act of ‘jailbreaking’ an Apple iPhone is in direction violation of copyright laws which protect its software.
“Jailbreak” is a term given to the processes involved to circumvent the digital rights management (DRM) technology on the Apple iPhone so that users may install third-party applications not authorized by Apple or the mobile carrier. The term ‘jailbreak’ was pioneered by iPhone owners but has since made its way into the entire cellular world for all types of handsets.
Although Mozilla made no direct mention of the iPhone by name in its comments, it is quite obvious who they were targeting, discreetly. Nearly all other handset manufacturers and mobile carriers do not carry the same restrictive measures that Apple imposes on iPhone owners.
Quoting Mozilla CEO John Lilly from a previous interview with another source on Monday :
“This is not us criticizing Apple, but it’s the principle of the thing. Choice is good for users, and choice shouldn’t be criminalized. The Internet is too important for all of us for that”
...and Quoting Harvey Anderson of Mozilla’s general counsel :
"By controlling the software that can be installed on these cellular phones, these companies can limit and control the type of programs and functionality that is available to users of their devices."
Anderson feels as though the usage of DRM as a way to prevent people from installing software to their devices has a ‘chilling effect on users and innovation’, users become afraid to make use of their devices to their potential because it is deemed illegal. Anderson also continued on to argue that smartphones are akin to a desktop computer because they can be used to access the Internet, and users should have free choice to use any software program they choose to access.
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...maybe they just want to get firefox on the iPhone. Or is there already an app for it? I don't own any apple products..so..
Anyway, I support them. This is one of the best reasons to use Windows Mobile. Even though it's kinda glitchy at times, you can do anything you like to it, install anything you want - and not get sued.
Wouldn't jailbreaking constitute as circumvention of copywright protection mechanisms as stated in the DMCA? I think laws in the US are rather lax about piracy anyways. If you give people the tools (cd recorders, software, other backup devices), they will pirate software which is illegal. Most of the time people don't get caught.
People who don't like the DMCA must like to pirate stuff they don't own. I support the DMCA because it gives more clarity to the law. People enjoy debating the freeware, public domain, and open source side of things but it is just silly because they also should know how much hard work is put into developing software even if people decide to develop for free.
FWIW that's why I went with a WM device. I run Linux on the desktop, but oddly enough at the time windows mobile was the most "open" choice available.
Hopefully, a year from now Android will be popular enough to be an option.
Here's a tip to Apple users unhappy with Apple's DRM and other measures, stop buying Apple products! Everytime someone complains about how anti-competitive Apple is, I have to wonder why they bought an Apple product in the first place.
It not like Apple is the only option. There are other smartphones (maybe not as trendy as the iPhone), other MP3/MP4 players (maybe not as fashionable as the iPod). Other music download sites (maybe not as hip as iTunes). Other computers (maybe not as, awe hell, whats another word for "stuck-up and pretentious"?).
Its not like you've been locked into using Microsoft Word because thats all anyone accepts anymore. Its not like you have to use IE because websites use IE-only non-standards. There are currently alternatives to all Apple products.
Show Apple what you think by just not buying their crap anymore. Its not even worth it to fight them in court.
flashing customs drms flashpacks and or bios hacks into any mobile device is and should be legal apart from the unknowledgable self consequences upon doing so... like BRICKING UR PORTABLE DEVICE. but it is quite easy to customize stuff. but however even if u modify like the speaker volume, font size or font itself or anything really. it still doesnt break any laws. as all the custom flashes are community made without licenses.
Why are we arguing about this? Jailbreak your phone all you want, but if it becomes unusable or 'bricked' don't bring the phone to Apple/AT&T for a warranty replacement or repair. If I bought a product it's my decision how to use it. If I want to take the Iphone apart and just use the screen in some custom rig its my phone, so arguing what's legal and not is a waste of time. (another hypothetical example: Intel telling its customers that overclocking is illegal, since that’s not the designed chip frequency)
I have to agree with Mozilla on this one frankly. Nothing I own is made by Apple (for a reason). Apple is really trying to create a monopoly as best they can. If you buy their phone, you can ONLY use their software & hardware. Of course they are also trying to patent the functions of their touch screen, including the finger moves you make to get the screen to function.
Personally, I'm not an Apple fan. I've always resisted even putting Quicktime on my PC, simply cause it is Apple (plus it is annoying).
Apple sells hardware and software, bundled as a service. So, they can set the rights on how the service is served.
Only submit the complaint if Windows Mobile, Andriod, BlackBerry, Symbian, Linux all disappeared and you get no choice.
Apple sells hardware and software, bundled as a service. So, they can set the rights on how the service is served.
Only submit the complaint if Windows Mobile, Andriod, BlackBerry, Symbian, Linux all disappeared and you get no choice.
you get no choice.
That's exactly the worry.
If Apple manages to pull wins here and in the OS bundling case it sets an annoying precedent. If the other corporations see that Apple's monopoly is actually enforceable in court, there's nothing in particular to stop them from following suit and taking away choice. Quite the opposite really, plenty of incentive. Obviously they'd have to do it slowly to avoid a massive/immediate loss in business, but a shift away from rights (or an acceleration in shift away from rights) is virtually guaranteed... it's not like Microsoft doesn't have a track record for trying to force their bloatware on the world, and it's not like the RIAA/MPAA don't have track records for trying to keep their media off of open source platforms, just as the two most obvious examples.
On top of that, shout Linux all you want, but what if Intel and AMD both end up in agreements with MS/Apple about what software is allowed to run on their hardware? That's essentially what Apple is doing with the iPhone right now.
Small scale and probably a bit paranoid yes, but to say that we shouldn't complain until no choice exists is ridiculous... put a frog in hot water it'll jump right out, but put it in cool water and slowly turn up the heat and it'll sit there till it dies.
+1 ^
well said MoUsE-WiZ.
"I support the DMCA" What a Jackass. You know so little. I own hundreds of DVD's and use my computer to upconvert them to my TV. It does it better then any upconvert DVD player. I have to Crack the disks to get them to play or it says Im not allowed to watch them on my TV as its copyprotected. SO I break the law to watch movies I own on my TV. THE DMCA is what makes my actions a crime. Next time before you pain people who crack Software etc as thieves THINK. The App store is rigged and thats how apple is playing this game. They picked the fight now they get to live with it.
Yeah, but wasn't the cellphone industry already like this?
"I support the DMCA" What a Jackass. You know so little. I own hundreds of DVD's and use my computer to upconvert them to my TV. It does it better then any upconvert DVD player. I have to Crack the disks to get them to play or it says Im not allowed to watch them on my TV as its copyprotected. SO I break the law to watch movies I own on my TV. THE DMCA is what makes my actions a crime. Next time before you pain people who crack Software etc as thieves THINK. The App store is rigged and thats how apple is playing this game. They picked the fight now they get to live with it.
True! They don't want you to crack the software so that you buy their upconverting DVD players and Blu-Ray movies of the same titles that you already own just to be able to watch them on hi-def TV.
True! They don't want you to crack the software so that you buy their upconverting DVD players and Blu-Ray movies of the same titles that you already own just to be able to watch them on hi-def TV.
They need to cover the licensing cost of their proprietary encryption DRM somehow, don't they?!
They are definitely masking this as their Firefox on iPhone rejection complaint
Whether you own an iphone or not, the restrictive nature should be fought. This sets a precedent either way. If Apple wins, it sets a dangerous one that will allow other manufacturers to follow. If the consumer wins, it helps us fight future battles for our right to do with our purchases as we please. MoUsE-WiZ said it best.
Here's a tip to Apple users unhappy with Apple's DRM and other measures, stop buying Apple products! Everytime someone complains about how anti-competitive Apple is, I have to wonder why they bought an Apple product in the first place.It not like Apple is the only option. There are other smartphones (maybe not as trendy as the iPhone), other MP3/MP4 players (maybe not as fashionable as the iPod). Other music download sites (maybe not as hip as iTunes). Other computers (maybe not as, awe hell, whats another word for "stuck-up and pretentious"?). Its not like you've been locked into using Microsoft Word because thats all anyone accepts anymore. Its not like you have to use IE because websites use IE-only non-standards. There are currently alternatives to all Apple products. Show Apple what you think by just not buying their crap anymore. Its not even worth it to fight them in court.
Oh, how I hate that argument.
Apples products work mostly glitch free. For years I have fought with my various digital audio workstations on PC. After having one problem after another I finally asked a friend of mine what to do. He said,"Just do yourself a favor and buy a Mac, it will solve your problems." Knowing my friend is really a techie, I did it. I bought a used iMac and...it runs smooth as a babies...well you know. Yes Apple likes to control things but if you have ever used one you will know why. They do what a computer should. Work. That is why the major recording studios use Macs, same with video and movie post production. When a client is paying $400 and hour they don't want to hear, "Um, we lost that take" or "We have to reboot." Obviously I am a convert and am happier for it.
Apple are control freaks!!!! Lighten up man ....
Apples products work mostly glitch free. For years I have fought with my various digital audio workstations on PC. After having one problem after another I finally asked a friend of mine what to do. He said,"Just do yourself a favor and buy a Mac, it will solve your problems." Knowing my friend is really a techie, I did it. I bought a used iMac and...it runs smooth as a babies...well you know. Yes Apple likes to control things but if you have ever used one you will know why. They do what a computer should. Work. That is why the major recording studios use Macs, same with video and movie post production. When a client is paying $400 and hour they don't want to hear, "Um, we lost that take" or "We have to reboot." Obviously I am a convert and am happier for it.
The question is not about price vs. quality but violation of consumer rights by monopolistic corporations.
Once again "windows" users are confused by a product that works that they don't know what to do. If you want to cry about quality buy anything other then a Mac product!
While were at it, can we get Ford to offer a Toyota engine option on their trucks?! I mean why should Ford be able to tell us we can't get an F-150 with a Tundra engine?
ford doesn't try to stop you from putting that tundra engine in the f-150 you've bought... and plenty of ppl make kits to do exactly wot you asked for... apple actively seeks to stop this kind of thing so your analogy is flawed... sorry...
Wow -9 on my reply to this thread. A lot of greedy pirates on here indeed.
The biggest thing for me isn't about the 3rd party apps its about doing the things that I want to do with MY PHONE!!! Like change the text color bubbles...who wants them to be green and grey all the time. LAME. Or Plain old black backround that is what I look at if Im using my phone...not it I just click it to slide open... And ringtones...I can't even put customized ringtones on my phone...I could with all my other phones. It's frustrating and I think that it needs to be less restrictive because I own it and I dont think that I should have to void my warrenty or anything like that to do simple things to my phone...
Wish there was another way.
ok this by far is so retarted .im only 13 and i cant even change the color of my freakin iphone everything else lets u do it like a psp . also why woild apple be greedy and keep us payin for there problems i mean i gave them like 300$ and they still have the nerves to complai. to us about customization WTF is wrong wit them cant change my dam ring tone ,my dam keyboard ,hell i cant even change the stupid black backround that they always have . but heres my point apple we gave you alot of money ,just let us kepp our ipod u already have appstore wit ur greedy ass its like a bill even though we paid for tha phone . just let us do wat we want ,ur software sucks, get real apple u cant keep this up becuz everyone will do it around the world ''the world is expanding digitaly as we speak''