Jailbreak – legal or not.
Reasons for jailbreaking
Use of third party apps
One of the reasons for jailbreaking is to expand the feature set limited by Apple and its App Store. Apple checks apps for compliance with its iOS Developer Program License Agreement before accepting them for distribution in the App Store. Jailbreaking permits the downloading of programs not approved by Apple.[
Since software programs available through Cydia are not required to adhere to App Store guidelines, many of them are not typical self-contained apps but instead are extensions and customizations for iOS and other apps. Users install these programs for purposes including personalization and customization of the interface, adding desired features and fixing annoyancesand making development work on the device easier by providing access to the filesystem and command-line tools. Many Chinese iPhone owners jailbreak their phones to install third-party Chinese character input systems because they are easier to use than Apple's.
Use of handset on multiple carriers
Jailbreaking also opens the possibility for using software to unofficially unlock carrier-locked iPhones so they can be used with other carriers. Software-based unlocks have been available since 2008, with each tool applying to a specific iPhone model and baseband version (or multiple models and versions).
Types of jailbreaks
An "untethered" jailbreak has the property that if the user turns the device off and back on, the device will start up completely, and the kernel will be patched without the help of a computer ? in other words, it will be jailbroken after each reboot.
A device with a tethered jailbreak may have a semi-tethered solution, which means that when the device boots, it will no longer have a patched kernel (so it will not be able to run modified code), but it will still be usable for normal functions. To use any features that require running modified code, the user must start the device with the help of the jailbreaking tool in order for it to start with a patched kernel (jailbroken).
Security, privacy, and stability
The first iPhone worm, iKee, appeared in early December 2009, created by 21-year-old Australian student Ashley Towns of Wollongong. He told Australian media that he created the worm to raise awareness of security issues: jailbreaking allows users to install an SSH service, which those users can leave in the default unsecure state. In the same month, F-Secure reported on a new malicious worm compromising bank transactions from jailbroken phones in the Netherlands, similarly affecting devices where the owner had installed SSH without changing the default password.
A Forbes staff analyzed UCSB study on 1407 free programs available from a third party source and Apple. Of the 1,407 free apps investigated in the cited study, 825 were downloaded from Apple?s App Store using the website App Tracker, and 526 from BigBoss(Cydia's default repository). 21% of official apps tested leaked device ID and 4% leaked location. Unofficial apps leaked 4% and 0.2% respectively. 0.2% of apps from Cydia leaked photos and browsing history, while the Apple store leaked none. He commented that unauthorized apps tend to respect privacy better than official ones. Also, there is a program called PrivaCy which allows user to control the upload of usage statistics to remote servers.
[Jailbreaking" vs. "Android rooting"
Jailbreaking devices running the Apple iOS operating system is sometimes compared to gaining root access on Android devices. However, these are distinct concepts. In the tightly Apple-controlled iOS world, a user is restricted from (1) installing or booting into a modified or different operating system (a "locked bootloader" prevents this), (sideloading non-authorized applications onto the device, and the user is (3) not allowed root permissions. Bypassing all these restrictions together constitutes the expansive term "jailbreaking" of Apple devices. Jailbreaking describes overcoming several types of restrictions and limitations Apple created to the user. By contrast, some Android devices do not have locked bootloaders, and the ability to sideload apps is common and usually permissible without root permissions. Thus, it is only the third aspect of iOS jailbreaking relating to superuser privileges that correlates to Android rooting.
Jailbreaking a device involves circumventing its technological protection measures (in order to allow root access and running alternative software), so its legal status is affected by laws regarding circumvention of digital locks, such as laws protecting digital rights management (DRM) mechanisms. Many countries do not have such laws, and some countries have laws including exceptions for jailbreaking.
International treaties have influenced the development of laws affecting jailbreaking. The 1996 World Intellectual Property Organization (WIPO) Copyright Treaty requires nations party to the treaties to enact laws against DRM circumvention. The American implementation is the Digital Millennium Copyright Act (DMCA), which includes a process for establishing exemptions for non-copyright-infringing purposes such as jailbreaking. The 2001 European Copyright Directive implemented the treaty in Europe, requiring member states of the European Union to implement legal protections for technological protection measures. The Copyright Directive includes exceptions to allow breaking those measures for non-copyright-infringing purposes, such as jailbreaking to run alternative software, but member states vary on the implementation of the directive.
In December 2012, Canada amended its Copyright Act with new provisions prohibiting tampering with digital locks, with exceptions including software interoperability. Jailbreaking a device to run alternative software is a form of circumventing digital locks for the purpose of software interoperability.
There had been several efforts from 2008-2011 to amend the Copyright Act (Bill C-60, Bill C-61, and Bill C-32) to prohibit tampering with digital locks, along with initial proposals for C-11 that were more restrictive, but those bills were set aside. In 2011, Michael Geist, a Canadian copyright scholar, cited iPhone jailbreaking as a non-copyright-related activity that overly-broad Copyright Act amendments could prohibit.
India’s copyright law permits circumventing DRM for non-copyright-infringing purposes. Parliament introduced a bill including this DRM provision in 2010 and passed it in 2012 as Copyright (Amendment) Bill 2012. India is not a signatory to the WIPO Copyright Treaty that requires laws against DRM circumvention, but being listed on the US Special 301 Report ”Priority Watch List” applied pressure to develop stricter copyright laws in line with the WIPO treaty.
Jailbreaking might be legal in Singapore if done to provide interoperability and not circumvent copyright, but that has not been tested in court.
Under the Digital Millennium Copyright Act, jailbreaking iPhones is legal in the United States, although Apple has announced that the practice “can violate the warranty”.
In 2010, in response to a request by the Electronic Frontier Foundation, the U.S. Copyright Office explicitly recognized 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, and to unlock their iPhones for use with unapproved carriers. Apple had previously filed comments opposing this exemption and indicated that it had considered jailbreaking to be a violation of copyright (and by implication prosecutable under the DMCA). Apple’s request to define copyright law to include jailbreaking as a violation was denied as part of the 2009 DMCA rulemaking. In their ruling, the Library of Congress affirmed on July 26, 2010 that jailbreaking is exempt from DMCA rules with respect to circumventing digital locks. DMCA exemptions must be reviewed and renewed every three years or else they expire. In 2012, the Copyright Office renewed the jailbreaking exemption for phones but declined to approve a new exemption for tablet computers such as iPads, due to the vague definition of “tablet” in the proposed exemptionThe Copyright Office also renewed the 2010 exemption for unofficially unlocking phones to use them on unapproved carriers, but restricted this exemption to phones purchased before January 2013
Tim Wu, a professor at Columbia Law School, argued in 2007 that jailbreaking is “legal, ethical, and just plain fun.” Wu cited an explicit exemption issued by the Library of Congress in 2006 for personal unlocking, which notes that locks “are used by wireless carriers to limit the ability of subscribers to switch to other carriers, a business decision that has nothing whatsoever to do with the interests protected by copyright” and thus do not implicate the DMCA It is still possible Apple may employ technical countermeasures to prevent jailbreaking or prevent jailbroken phones from functioning, but it will not be able to sue users who jailbreak It is also unclear whether it is legal to traffic in the tools used to make jailbreaking easy.
Source: Wikipedia – http://bit.ly/ZzoJf4
So. The question is. Is using Jailbreak for your own is legal Or not? I think everybody has his own answer on it.
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