Unlocking allows you to make a mobile phone work with any wireless provider you want, freeing you from abusing policies like insane international roaming charges. Jailbreaking lets you install any application you want, even if it has Apple-censored content or provides with tethering, all without having to go through the iTunes App Store or pay Apple a single cent.
Both techniques break the artificial technical barriers that prevent the use of devices and media in any other way than those designated by the manufacturer. They will also break the warranty, although you shouldn’t worry about that (more on this later).
Before, with the original 1998 Digital Millennium Copyright Act law, bypassing those barriers was illegal. Thus, those techniques were also illegal. Now the new rules change this completely.
Why this change doesn’t matter much?
The fact that unlocking and jailbreaking is now legal doesn’t mean that Apple would be obliged to let you do it or ease the way for anyone to do it. It just means that the people developing unlocking and jailbreaking software can now do it without the fear of being sued by any company.
This is good for them, but it’s not going to change things much. The usual hackers will continue to work on their unlocks and jailbreaks, just like they were working on them before. Sure, now you would be able to find commercial unlocking solutions and probably alternative App Stores for your iPhone. But why pay for unlock software when you can use the free one? And why use a third-party App Store when you already have Cydia, the open application store already working on jailbroken iPhones?
For consumers, things won’t change at all. People will continue to unlock their iPhones and install any applications they want. Nobody was chasing anyone doing this before.
For Apple, things won’t change either. Unlocking and jailbreaking would still be considered a breaching of the product warranty, just like before. It may be legal now, but that doesn’t mean that it can’t void the warranty, just like opening a toaster with a screwdriver and making a modification on it is legal, but it voids the warranty anyway.
So when you go to the Apple Store because your unlocked or jailbroken iPhone has a problem, they will continue to treat you in the same way. If a wipeout of the iPhone software is required, they would do it and that’s that. Actually, that’s what they usually do. And you can do the same at home before going to the Apple Store, leaving your iPhone in its original factory condition.
So, legal or not legal, keep unlocking and keep jailbreaking. It’s the only way to fully enjoy your digital device. [Yahoo News]
Chewy Bravo
Tuesday, July 27, 2010 at 9:07 AMWould be great if you could tell us how or even point us in the right direction.
matt
Tuesday, July 27, 2010 at 9:47 AMbut if they put it in their EULA: “don’t jailbreak the phone!”
isn’t that like a contract? so they could sue you if you break it?
Ned
Tuesday, November 2, 2010 at 9:03 AMNot true. If it is against federal law that EULA term has no effect. It is the equivalent to having a contract that says “you may not have freedom of religion” regardless of what the contract says the first amendment takes precedent.
Theblacktexta
Tuesday, July 27, 2010 at 9:07 PMThis is obviously the legal position in the US – can you confirm it is the same in Aust?
mpluga
Thursday, August 12, 2010 at 10:18 AMUhmm!!oipening a toaster?, mate get your facts right, we pay just over $1000.00 of a piece of hardware that is tiedup to a firm?,, c’mon iphones aint toasters. and why should it void warranty to jailbreak?,,
CommonSense
Saturday, December 25, 2010 at 8:37 PMLets see. A warranty provided by a manufacturer is there incase of a manufacturing defect. If you were to jailbreak, and by chance, your phone became ‘defective’… why should the manufacturer pay to have your phone / device repaired for you. The ‘defect’ as such wasn’t caused by them or their product.
This is WHY modifications break warranties. The manufacturer can’t control what the END user will do to the product.