Remember when the Obama Administration was going to undo all the attacks on civil liberties that were perpetrated under the Bush Administration? Guantanamo shut down, DOMA repealed, no more secret prisons or eavesdropping, etc. None of that has happened, obviously, but the most important institution within the executive branch — the Copyright Office — recently struck a blow for Freedoms everywhere, by allowing iPhone users to “jailbreak” their phones. (Breaking out of actual jails is still illegal, however.)
The Electronic Freedom Foundation, which is an actual good crusading organization for unfettered liberty on the Internet (i.e., p0rn), trumpeted their triumph in this press release:
The first of EFF’s three successful requests clarifies the legality of cell phone “jailbreaking” — software modifications that liberate iPhones and other handsets to run applications from sources other than those approved by the phone maker. More than a million iPhone owners are said to have “jailbroken” their handsets in order to change wireless providers or use applications obtained from sources other than Apple’s own iTunes “App Store,” and many more have expressed a desire to do so. But the threat of DMCA liability had previously endangered these customers and alternate applications stores.
In its reasoning in favor of EFF’s jailbreaking exemption, the Copyright Office rejected Apple’s claim that copyright law prevents people from installing unapproved programs on iPhones: “When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses.”
So, all you people who just bought iPhone 4s and are wishing that you could install all those sexxxy apps rejected from the App Store: Rejoice! You won’t go to jail for this, though if you accidentally reduce it to a fused metal lump of porn, don’t go crying to Apple for a refund.
But is all Free, electronically? Maybe not! Al Franken urged the nerds at the Netroots conference to fight for Net Neutrality, because otherwise the three companies that will soon control all corporate media will allow some websites to load more quickly than others! Your Wonkette would not be able to afford the bribes necessary for smooth Internet functioning, so please petition your elected officials on this matter at once. Only when you have achieved this task should you start installing unauthorized smut on your iPhone. [EFF/Huffington Post]
{ 12 comments }
Apple, having created an easy, foolproof, 3-clicks-and-you’re-done system for burning unlimited copies of your favorite music CD, simply does not care for these cheaters and their creative ways of abusing the system.
Huh, so if I buy a product it actually is mine, the manufacturer can’t dictate that I can only use it as they wish me to? That sounds anti-freedom and unAmerican.
The Wonkette often doesn’t load smoothly now (particularly earlier this afternoon, although it seems to be better), so I would hate to see how it would get if Verizon decided they didn’t like the place.
This is good news! Now I can publish my white paper on how to modify your iPhone to run on chicken poop.
I dunno, if people are bittorrenting on their stupid-phones, the whole system might come to a crushing halt.
Anything about ‘jailbaiting’ yet?
Canada City goes it one better!
[re=625840]Sharkey[/re]: AT&T’s network comes to a crushing halt bittorrent or not.
Yeah, but it voids the service contract — so instead of the iPhone tech telling you to mail your old broken phone in and pay for a new one, you’ll have to do that without their help.
gay.iphoneporngrid.com
FTW
Well, Obama can’t stand up the terrorist or the Republicans, but at least his government can stand up to Apple.
This is a positive step.
This is a similar story to the the internet becoming what it is today because of the porn industry.
[re=625834]RoscoePColtraine[/re]: Actually iTunes won’t let you burn a playlist (like an album) of purchased music more than, I forget, maybe a dozen times, though it could be as few as five. (I’ve never bought iTunes music so the issue doesn’t come up.) It’s easy to work around that limitation with a bit of hassle, I admit, so you’re mostly correct.
Your larger point’s well-made. In fact, in the history of the PC the only ones that have survived are the ones that allow unlimited copying (more or less) of files. To Apple’s credit (in my opinion, at least) they’ve not locked down their DRM’d files near as much as they could, and are relatively generous with access — even if you can’t grab a purchased/rented movie or TV file and break it to your will you can still view it on up to five computers, iirc. And of course you can add your own rips or downloads and use them with no restrictions at all.
I’m no lawyer (though I play one at traffic accidents) but it seems to me that to characterize this decision as legalizing jailbreaking altogether is really stretching it. What was okayed was jailbreaking to a) use another carrier and b) to use a program for interoperability (eg, communication). That covers a lot, but I’m not sure that will include games or fart apps (unless you’re trying to communicate with Rush Limbaugh in his native language).
Comments on this entry are closed.