The Electronic Frontier Foundation (EFF), a non-profit organization that champions on behalf of consumers regarding any issues affecting digital rights, recently won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anti-circumvention provisions.
The exemptions were granted as part of a statutorily prescribed rulemaking process, conducted every couple of years to mitigate the danger the DMCA poses to legitimate, non-infringing uses of copyrighted materials. My interest lies in the first of EFF’s three successful requests that clarifies the legality of cell phone “jailbreaking.” Despite the negative image this conjures up in my mind, “jailbreaking” mobile phones is now legal in the United States, according to this new government ruling. But what is it? How do you actually do it? And are there any risks?
Simply put – jailbreaking is a practice that allows iPhones and other handsets to run software applications from sources other than those approved by the phone maker. It allows one to shop for apps anywhere on the Internet, and not just the iTunes App Store, where all of the apps must be approved by Apple to go on sale. It is estimated that more than a million iPhone owners are said to have “jailbroken” their handsets in order to change providers or use applications other than those approved by the manufacturer.
So how does one jail break their phone and are there any risks? It’s done simply by visiting a website called Jailbreak Me. This method is entirely browser-based, all you need to do is visit the Website directly from the iOS device you want to jailbreak and follow the prompts. The site offers a web-based solution to unlocking an iPhone, and it can jailbreak any iOS device, including iPads and iPod touches, along with older iPhones. By unlocking a phone, a consumer can now access an app that’s out there including ones that have either been banned or forbidden by Apple, such as the Cydia app store.
The rewards for jailbreaking or unlocking your device are obvious, but what are the risks involved? While it may no longer be against copyright law to jailbreak an iPhone, it is still not something Apple is likely to support and will most likely void your warranty and may violate your Wireless Service Agreement with AT&T. This means that should your phone need repair now, Apple is no longer responsible for fixing it.
So for all you gamblers out there, a word of caution – if you are thinking of Jailbreaking your new iPhone 4, or any other working phone, think twice. It could end up being a very costly mistake. And there just may be legitimate reasons why Apple imposes the restrictions it does.
Nancy Maas is the Editor-in-Chief of Wireless Design & Development.
