
Apple loses big in DRM ruling: jailbreaks are "fair use" - ashishbharthi
http://arstechnica.com/tech-policy/news/2010/07/apple-loses-big-in-drm-ruling-jailbreaks-are-fair-use.ars
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thought_alarm
The tech blogs are starting to realize that these kinds of sensationalist
headlines about Apple really bring the page-hits. If they lose a few serious
readers along the way, well who really cares?

The reality, of course, is that Apple has been doing very little to prevent
the Jailbreak scene, and I'm sure those who do Jailbreak couldn't give a rat's
ass about the legality of it.

This doesn't change how Apple approaches Jailbreaking, nor does it suddenly
make jailbreaking less of a pain in the ass. And it surely doesn't change
users' attitudes. In other words, nothing has changed.

~~~
mrkurt
Apple was explicitly campaigning against this, it's addressed in the article:

> The Electronic Frontier Foundation argued that jailbreaking one's iPhone
> should be allowed, even though it required one to bypass some DRM and then
> to reuse a small bit of Apple's copyright firmware code. Apple showed up at
> the hearings to say, in numerous ways, that the idea was terrible,
> ridiculous, and illegal. In large part, that was because the limit on
> jailbreaking was needed to preserve Apple's controlled ecosystem, which the
> company said was of great value to consumers.

\----

Also, a previous article: [http://arstechnica.com/apple/news/2009/02/apple-
sides-with-m...](http://arstechnica.com/apple/news/2009/02/apple-sides-with-
mpaa-riaa-against-drm-circumvention.ars)

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upinsmoke
Apple doesn't have to support jailbreak iphones users. It still void their
warranty etc.

~~~
Zak
In the US, that is probably only true if Apple can demonstrate that the
jailbreak caused the malfunction:
<http://en.wikipedia.org/wiki/Magnuson–Moss_Warranty_Act>

~~~
upinsmoke
According to Apple it voids your warranty.
[http://www.electronista.com/articles/10/07/26/apple.says.sta...](http://www.electronista.com/articles/10/07/26/apple.says.stance.on.jailbreaking.not.changing/)

~~~
Zak
According to various manufacturers of various things, opening the device,
making modifications or using unapproved parts voids the warranty. In most
cases, this is illegal and they know it. Mentioning that it is illegal usually
causes them to honor the warranty.

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sigzero
I don't see this as "Apple loses big" at all. Nothing really has changed.
Those who jailbreak their phone will continue to do so and Apple will continue
not to support those phones.

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Zak
_In large part, that was because the limit on jailbreaking was needed to
preserve Apple's controlled ecosystem, which the company said was of great
value to consumers._

They're providing value to consumers by attempting to legally restrict those
same consumers from modifying products they purchased? I understand Apple's
general argument about a restricted ecosystem for the typical consumer, but
how is the user experience improved for someone who wants to jailbreak a phone
by preventing them from doing it?

~~~
chc
I think Apple estimates the value of its carefully tuned user experience very
highly, and thinks most people would regret being able to hose their phones.

Not just true power users would want to jailbreak their phones, but only power
users are actually able to take that kind of responsibility, and Apple doesn't
want iPhones getting wrecked or just not working right.

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nexneo
loses big! Whats apple's loses. Still its responsibility on jail breakers,
apple isn't going to help. Actually jail-breaking is helping apple in same
ways. That many less devices to support.

~~~
nullgruber
not exactly, what if a credible cheap support emerges! what if you get cheaper
batteries.

Apple had tried hard to sell their devices as an experience rather than
commodity, now they can no longer live that way. the unlocked iphones become a
commodity.

~~~
__david__
But how does that hurt Apple? They are still selling phones. If anything
unlocking only hurts AT&T.

~~~
joezydeco
But if you signed a 2 year contract to get that iPhone 4, how does it hurt
AT&T?

You're free to put another SIM in that phone after jailbreaking, but the bill
will still come every month.

------
gcb
apple loses big?!?! they abused consumers for a decade and loses big? how is
that?

in my book that's a major win!

