Apple pressures Toyota to kill jailbreaker ad
'Legality? We've heard of it'
Apple has fired another shot in its war against iOS jailbreakers by pressuring Toyota to stop an ad campaign it was running on ModMyi.com, a website catering to jailbroken iPhones, and to pull a Toyota iOS "theme" available through the site.
"I received a call from our contact at [Toyota's ad agency] Velti this evening as well as an email asking me to please take the theme out of Cydia," writes ModMyi.com owner and founder Kyle Matthews on his company blog. "On the phone, he explained Apple had contacted Toyota and requested they remove the theme and stop the advertising campaign."
The theme you now can no longer install on your jailbroken iPhone (source: ModMyi.com)
The ad on ModMyi.com and the theme, available through the Debian APT (advanced package tool) Cydia, had been hailed as the first endorsement of the jailbreaking community – estimated to number somewhere between 5 and 15 million iOS users – by a major advertiser.
That would now be, it appears, a major advertiser who prefers to keep its relationship with Apple a positive one more than it wants to take its message to some of the most tech-savvy iOS-device users.
Not that jailbreaking is a shadowy activity. Last July, the US Copyright Office's Librarian of Congress granted a set of exceptions to the Digital Milleneium Copyright Act (DCMA), one of which explicitly stated that jailbreaking was legal.
After that exception was announced, Apple released a statement that said, in part: "As we've said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably."
Apple followed up that announcement with a support document with the rather unambiguous and scarifying title of "Unauthorized modification of iOS has been a major source of instability, disruption of services, and other issues."
The same document notes that "It is also important to note that unauthorized modification of the iOS is a violation of the iPhone end-user license agreement and because of this, Apple may deny service for an iPhone, iPad, or iPod touch that has installed any unauthorized software."
Apple's statements that jailbreaking "can violate the warranty" and that they "may deny service" (emphasis added) have not been tested in any court action. Presumably a good argument could be made that any failure of an iPhone, iPad, our iPod touch that had nothing whatsoever to do with jailbreaking should remain covered by warranty.
Apple, however, doesn't need a court decision to pressure advertisers to not support the jailbreaking community – it only needs the clout enjoyed by its status as the 800-pound gorilla of mobile shiny-shiny. ®
In related news, on Monday the iPhone Dev-Team released the latest versions of PwnageTool and redsn0w, providing untethered jailbreaking for iOS 4.3.1, Apple's latest version – a release, the Dev-Team notes, that comes "Three years ago (almost to the day!)" since the first iPhone jailbreaking, of version 1.1.4.
I just want a fucking smartphone that just works the way I want it to. I don't care if you find my choice of apps offensive; I don't care if you get pissy if I install something that YOU don't like and I certainly don't care if you get upset if I make an improvement that YOU didn't provide. The phone is MY property. If you have a problem with MY terms of ownership, you can expect to never see another damn dime of my money.
"granted a set of exceptions to the Digital Milleneium Copyright Act (DCMA), one of which explicitly stated that jailbreaking was legal."
And? The DMCA should not exist in the first place. Making draconian laws then placating the people by being lenient in their enforcement? Sounds familiar. Still does not excuse having the draconian law in the first place and enforcing it many many times since then.
I voted with my wallet
And bought an Android phone instead. No matter how much I lust for an iPad (and I really really do) I won't buy one until Jobs gets the corncob out of his ass.
how can it be legal to jailbreak an iphone but not a ps3?
It all about money
Obviously Sony spend a lot more money buying a judge then Apple did. The amercian justice system is just a supermarket where any one can buy any verdict they want as long thay pay a lot of money for it. If they where rea justice in thr USA these thing happen:
1. the MPAA/RIAA wil be imediatly shutdown
2. DRM of any kind whould be illegal.
when i buy something, IT BECOME MINE AND I CAN DO WHATEVER IS SEE FIT WITH IT.