[Corp. Watch] Apple: Copyright makes 'unauthorized' 3rd-party iPhone software illegal

[Corporation Watch]

Apple Says iPhone 'Jailbreaking' is Illegal

  by Fred von Lohmann

(Electronic Frontier Foundation, Feb. 12) -- "Jailbreaking" an iPhone  
constitutes copyright infringement and a violation of the Digital  
Millenium Copyright Act (DMCA), says Apple in comments filed with the  
Copyright Office as part of the latter's 2009 DMCA triennial rulemaking.

	This marks the first formal public statement by Apple about its legal  
stance on iPhone "jailbreaking" -- the term used for removing these  
restrictions, and thereby liberating your phone from Apple's software  
"jail".

	Estimates put the number of iPhone owners who have jailbroken their  
phones in the hundreds of thousands.

	The iPhone, currently the best-selling cellphone in the U.S., has  
been designed with restrictions that prevent owners from running  
applications obtained from sources other than Apple's own iTunes Store.

	As part of the 2009 DMCA rulemaking, the Electronic Frontier  
Foundation asked the Copyright Office to recognize an exemption to the  
DMCA to permit jailbreaking, in order to allow iPhone owners to use  
their phones with applications that are not available from Apple's  
store (e.g., using the iPhone camera for video, using it as a laptop  
modem).

	Apple's copyright infringement claim starts with the observation that  
jailbroken iPhones use a modified versions of Apple's operating system  
software. True enough -- we said as much in our technical white paper  
describing the jailbreak process.

	But the courts have long recognized that copying software while  
reverse engineering it is a fair use [protected under copyright law]  
for purposes of fostering interoperability with independently created  
software, a body of law that Apple conveniently fails to mention.

	As for the DMCA violation, Apple casts its lot with the likes of  
laserprinter makers and garage-door opener companies who argue that  
the DMCA entitles them to block the interoperability of their devices  
with anything they haven't approved in advance.

	Apple justifies this by claiming that opening the iPhone to  
independently created applications will compromise safety, security,  
reliability, and will swing the doors wide for those who want to run  
pirated software.

	If this sounds like a deliberate effort to sow fear, uncertainty, and  
doubt, that's because it is.

	One need only transpose Apple's arguments to the world of automobiles  
to recognize their absurdity. After all, General Motors could tell us  
that, for our own safety, all servicing should be done by an  
authorized GM dealer using only genuine GM parts.

	Toyota might say that swapping your engine could reduce the  
reliability of your car. And Mazda could say that those who throw a  
supercharger on their Miata frequently exceed the legal speed limit.

	But we'd never accept this corporate paternalism as a justification  
for welding every car hood shut and imposing legal liability on car  
buffs tinkering in their garages. After all, the culture of tinkering  
(or "hacking", if you prefer) is an important part of our innovation  
economy.

	Of course, many iPhone owners will be happy to choose solely from the  
applications that Apple is willing to approve, just like many Ford  
owners are happy relying exclusively on their local Ford dealer.

	But if you want to pop the hood on your iPhone or other electronic  
device, the DMCA surely shouldn't stand in your way.