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Could jailbreaking an iPhone be a crime?

Posted by Tania Mirza Sunday, February 15, 2009

You read that title correctly. There might be a small chance that jailbreaking an iPhone may be considered a crime. Sure there are plenty of users out there probably wondering how performing an act like that could land you some time behind bars. Apple argues that jailbreaking an iPhone constitutes copyright infringement and a DMCA violation. This is the first formal public statement from the Cupertino giant about its legal stance on the process. It only makes sense for the behemoth company to protect its creation from anyone or anything that poses any threat. The legal reasoning behind the statement is that jailbroken iPhones run on modified versions of Apple’s bootloader and operating system software. But there might be some light on the opposite spectrum thanks to courts long recognizing copying software while reverse engineering is a fair use. It’s only valid if the purpose is to foster interoperability with independently created software; something that Apple fails to mention in their statement. This may be an act to deter users from going through the process and further retaining their firm grasp on their intellectual property. But who says they are making all the rules and forcing you to choose?

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