Jailbroken Iphone

I think a jailbroken iphone is perfectly legal. I also think unlocking is perfectly legal. But the second you use that jailbroken iphone to load an ill gotten commercial app then it becomes illegal in the fact that your iphone now contails illegal pirated software.
 
Unlocking and jailbreaking are different things.

You can have your phone unlocked by the carrier (for a fee mostly) when your term ends.
Jailbreaking means "detaching" it from AppStore. That will never be done officially.

But since XDA-dev site exists and no door was busted yet, even Apple thinks the current status-quo is the better option...

Diogen.
 
its my phone (i paid for) so therefore i pay for the service it uses each month...i will run any app i want to run on my phone-period. I don't need apple to tell me what apps i am "allowed" to have on my phone when there are many perfectly legitimate functioning apps made by third party people. It would be like buying a dell computer and they only let you put "dell apps" on that pc but the pc is perfectly capable of running for instance microsoft apps.
 
If you sign a contract agreeing not to do something- ( reverse engineer ) and you then do it, you may be in violation of DMCA law. While many of us do not agree with that law, it is the law and if you violate it, that is illegal. (Criminal ) Now if you violate your contract with the carrier or manufacturer, you may also be guilty of contract violation and be liable for a court determined level of damage.

I've often wondered about the subsidized phone. It would seem to me that when your purchased phone is subsidized and you do something that the one ( company) who has it's own interest in your phone disagrees with, you are liable for damages to him as well. The subsidized phone is not only owned by you but also a partnership.

I suppose it all boils down to the terms of a purchase and contract law. Most phones are sold with a contract. I think all software is sold with an agreement of terms of use some would call a license. In other words you don't own this stuff free and clear absent of any restrictions.
 
If you sign a contract agreeing not to do something- ( reverse engineer ) and you then do it, you may be in violation of DMCA law. While many of us do not agree with that law, it is the law and if you violate it, that is illegal. (Criminal ) Now if you violate your contract with the carrier or manufacturer, you may also be guilty of contract violation and be liable for a court determined level of damage.

I've often wondered about the subsidized phone. It would seem to me that when your purchased phone is subsidized and you do something that the one ( company) who has it's own interest in your phone disagrees with, you are liable for damages to him as well.

I suppose it all boils down to the terms of a purchase and contract law. Most phones are sold with a contract. I think all software is sold with an agreement of terms of use some would call a license. In other words you don't own this stuff free and clear absent of any restrictions.

True enough. Sadly, the joys of capitalism and well-paid lawyers. But I digress.

Still, I suspect the most that would happen if the carrier caught you doing something that violates the contract (i.e., tethering your phone), is most likely terminate the contract.
 
The copyright office in the past has ruled that cell phone unlocking was exempt from the DMCA because it was a business model protection and not a copyright protection.
 
If this goes forward,...

Are you in favor of governments dictating to private business the nature of the products they sell solely because the business wishes to design the products the way they want? I never took you for a socialist but the way I see it, Apple can do as they please. There are plenty of other choices out there if you want a PDA phone. I said this earlier in another thread, you have a choice to pick a device that has lots of control for you and one that you are free to monkey it up the way you want. This certainly is not a case of anti trust. I'll repeat- most people are happy with their iphones and the itunes store. Only a small collection of Geeks are having any real concern over the Apple control issues. Most of them are willing to take their chances and jail break the phone.
 
The copyright office in the past has ruled that cell phone unlocking was exempt from the DMCA because it was a business model protection and not a copyright protection.

Yes, good reminder but they also stated that this was only in cases where you owned the phone. If the phone is subsidized, you still may have to pay the full retail for it. I think many were hoping to get a provider to subsidize the phone and then not use their service for the required number of years.
 
Yes, good reminder but they also stated that this was only in cases where you owned the phone. If the phone is subsidized, you still may have to pay the full retail for it. I think many were hoping to get a provider to subsidize the phone and then not use their service for the required number of years.

You own the phone in all cases, the only thin you have to pay is the cancellation fee if you do not keep the carrier who gave you the phone for free.
 
Are you in favor of governments dictating to private business the nature of the products they sell solely because the business wishes to design the products the way they want? I never took you for a socialist...
I guess semi-retirement and useless rhetoric go hand to hand...

Now tell me what stock you bought/sold recently and how it finances your hobbies and research in DIY mindset and we can call it a day...

Diogen.
 
Whether Don owns Apple stock is irrelevant to his argument. If Apple had the majority share of the Smartphone market then anti-trust would apply as they would unfairly "control" the market. But the latest sales numbers I saw shows Research in Motion in first, Google in second, and Apple in third. Apple isn't holding a gun to anyones head and forcing them to buy an iPhone.

And with the latest App Store debacle, I think Apple needs to come down and exert more control over the Apps that are available through the Store, not open it up. Apple has made a big deal about how their oversight means that you can trust any App in the store, but that myth has clearly been busted by the App Whoring that happened this last weekend.

I just wish I could get a good Droid phone from AT&T. I'm happy enough with AT&T here, and none of the Smartphones that AT&T has can compare to the iPhone 4 (IMHO). If the Droid X or Incredible were on AT&T, I would seriously consider one.
 
Apple has made a big deal about how their oversight means that you can trust any App in the store, but that myth has clearly been busted...

It was busted for me after finally getting an ipad. I think the itunes store is about 70% ripoff because only about 30% of the $ spent on apps I bought through itunes store actually work as claimed! I have been thoroughly disappointed in the quality of apps through itunes. But, my experience with them has nothing to do with the Apple business model, something many here fail to understand. Most in these forums have a simple nerd-geek mindset and fail to understand the rest of the world. The vast market for cell phones aren't people like me, Digiblur or Scott. They are simply users of anything that is simple works for WHAT THEY NEED and don't give a rat's backside about customization and rigging the phone for stuff like tethering etc. Just make a call without dropping, have e-mail when it comes in, send an e-mail reply when needed, do texting easily and tie in the camera pictures to facebook etc. These are the favorite apps I hear from people who simply want to use the phone and don't care about any of the stuff of most concern to the geeks and nerds.

diogen- please put me on ignore. Please! I don't like the idea that you become ill every time you read one of my posts. I feel bad for ya!
 
Has anyone been able to have their iPhone unlocked (not jailbreak) by AT&T? I had with other phones, but haven't tried on the iPhone yet. My contract on the iPhone 3G is about to be over, and I would like to unlock it.
 
Need- Why? Last I heard the only stateside carrier you could use would be T-Mobile and they don't have as good a reputation as AT&T, unless you live in one of the notorious AT&T trouble cities. Other reason would be if you were moving to Europe or somewhere that you could put your phone on another carrier using the same GSM channels.
 
Need- Why? Last I heard the only stateside carrier you could use would be T-Mobile and they don't have as good a reputation as AT&T, unless you live in one of the notorious AT&T trouble cities. Other reason would be if you were moving to Europe or somewhere that you could put your phone on another carrier using the same GSM channels.

My wife is gong to Russia next month to visit her family there. I have an unlocked GSM phone she could use with prepaid sim card there, but it would be nice if she could use her iPhone there instead.
 
My wife is gong to Russia next month...

My advice would be to do some homework on the specific forums about phone hacking to see what you need to do for Russia. Hopefully, you will find someone who has done it before. You may find there is a lot more to it than just unlocking the iphone which may just be the first step.
I learned the hard way when traveling to Mexico a few years ago with a phone that was supposed to work and didn't.
 

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