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June 8, 2009 5:01 PM PDT

iPhone 3G S jailbreaking prohibited by Apple terms of service

by David Martin

Apple is making it clear that the company does not support jailbreaking. Its iPhone 3G S terms of service, displayed on the iPhone 3G vs. 3G S comparison page, spell out the restriction:

iPhone OS 3.0 beta 5 jailbroken

(Credit: Dev-Team)

1. ...Use constitutes acceptance of Apple's software license agreement and third-party terms located in the iPhone box. Unauthorized modification of your iPhone software violates the software license agreement. Inability to use an iPhone due to unauthorized modifications is not covered under your warranty.

However, we also know that the iPhone Dev-Team claims to already have iPhone OS 3.0 jailbroken. (It remains to be seen whether the jailbreak will be effective on iPhone 3G S hardware.)

Apple is gradually adding features to the iPhone and iPhone OS and also removing SDK app limitations, as with TomTom's turn-by-turn navigation. Given the feature expansion, is jailbreaking really necessary? Let us know what you think in the comments.

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Add a Comment (Log in or register) (19 Comments)
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by Day-o June 8, 2009 8:25 PM PDT
If apple is really removing SDK app limitations on the iphone 3g S, then jailbreaking may be pointless. Is that a fact or a rumor?
Reply to this comment
by zidanetribal21 June 9, 2009 12:21 AM PDT
Winterboard is my favorite jailbroken app, I don't see that coming to the App Store any time soon.
Reply to this comment
by Sadien_Inc June 9, 2009 12:58 AM PDT
Sadien.com Editoral

This is such a "sticky" subject.

Technically, Apple has a right to protect their intellectual property, specifically their software. And, modifying the software, would technically be creating a derivative software application, which is a protected exclusive right under federal law.

The question is less the legal aspect of the software and agreement, and more a question of good 'ol fashioned customer-service.

There is obviously a demand for OS modifications, SDK absolution, etc. These are all "features" that Apple's customer base wants.

I might be well advised for Apple to listen to the pulse of their customers, so that they don't have to go "underground" to get the features they want and need.

It sounds like they may be making steps in that direction.

My group has a saying, "If you vilify your customers, they'll stop being your customers."

Sadien Staff
Sadien, Inc.
http://www.sadien.com
Reply to this comment
by Blarghh June 10, 2009 2:34 PM PDT
They have no right at all to prevent what their customers do with their product once it is purchased.

The jailbreak procedure is perfectly legitimate and it will be proven so if they ever have the gall to take it to the courts. It's fair use. It's like saying you can't paint your black car red. Phhhht.

On the other hand, anyone who is using services through the jailbreak to get at applications illegally is in very bad shape legally. I think most reasonable people won't do this though. If someone wants to be paid for their work and it's worth having most people would pay for it.

What's the excuse when almost everything is just $1-$10.
by mss21sa June 9, 2009 6:52 AM PDT
we still need a jailbroken iphone to use with applications like "informant"

what is the point of a calendar application if it cannot remind you of an upcoming event??
Reply to this comment
by robocop2009 June 9, 2009 7:08 AM PDT
what are you talking about? my iphone's calendar reminds me of any upcoming event.
by DarkHawke June 9, 2009 6:56 AM PDT
The key is "gradual." Apple, as always, is not quite as responsive to customer demand as one would like. Two years and three hardware iterations for voice dialing? And while the 3G S has more RAM and a faster processor, no multi-tasking? Yet if you jailbreak it, both features are available to you today. I don't fault Apple for wanting to create a seamless experience for the majority of their customers, but so long as they fail to throw us geeks a bone, jailbreaking will continue, and there ain't a damn thing wrong with it.
Reply to this comment
by Sadien_Inc June 9, 2009 11:00 AM PDT
Good point. You and I were alluding to the same idea.

There is a need and desire from their customer base for this type of thing... it makes good business sense to cater to that need.

I'm just guessing, but they may be "slow" to move, because they have such a dominant hold on the market.

Reasonable, but that same dominant hold will fuel-the-fire on people trying to crack fundamental code elements.

Sadien Staff
Sadien, Inc.
http://www.sadien.com
by Ahmedg1 June 9, 2009 10:51 AM PDT
jailbreak it and use installous to get the tom tom software free ;)
Reply to this comment
by ChrisTwitty June 21, 2009 12:20 PM PDT
That's one of the reason's why jailbreaking will be looked down upon. My iPod Touch and IPhone have always been Jailbroken but they have never had a cracked app on them. The use of cracked apps only supports Apples view that Jailbreaking is illegal. I urge you to stop using crcked apps if you want to have Jailbreaking to ever be legal.
by jafarm66 June 9, 2009 2:56 PM PDT
Jailbreaking will always be needed if you want to add an application that "Lord Steve and Co" don't think is appropriate for the Itunes store. If Jailbreaking also removes the SIM restrictions it will always be used instead of waiting X months for ATT or whatever company to give you the unlock code (TMobile the company I use is 3 months) if there even is one. I just changed service providers and was looking into the IPhone vs the G1 and took the G1. The simple reason is flexibility and freedom of choice + Price (If I wanted unlimited text and data its Service Plan+ $35 vs ATT is I belive Service Plan+50
Reply to this comment
by blacjaq24 June 25, 2009 1:26 PM PDT
dude T-mobile?? i work there and i wouldn't get their service and i get it for 10 dollars a month. Your probably the same kind of guy who buy's a hundai Genesis and sais its the same as an E-class mercedes without the sticker price!!

DUDE YOU GET WHAT YOU PAY FOR.....
by Lynchmobb June 9, 2009 10:59 PM PDT
I think this one of the best phones in the world yet . I jail brokenmy iPhone 3g and I can pretty much say that my iPhone can do everything. I have a lot of useful sources and I love it I have over 2000 dollars worth of apps that I got for free thanks to x-ipa, and dowload any movie I want asweel and an sons or album. And I already have video that I can share with youtubee already. So if my phone can do all that. Just imagine what you can do with a faster, newer 32 gb iPhone 3g[s]. I just can't wait.
Reply to this comment
by timkhoo1985 June 10, 2009 3:37 AM PDT
isn't it illegal to download and use paid apps for free on jailbroken iphones?
Reply to this comment
by Blarghh June 10, 2009 2:18 PM PDT
Yes. Jailbreaking is required.

For:
Backgrounder
Winterboard

The other previously needed reasons (turn by turn gps, cut and paste, and video recording are answered)
Reply to this comment
by libertyforall1776 June 11, 2009 6:41 PM PDT
Apple doesn't offer the full device functionality to the technical consumer, therefore jailbreaking will continue because people like to tinker and have full access to what they bought... There is a lot of functionality possible on a jailbroken 1st Gen. iPhone that Apple does not support -- it has the potential to breathe new life into old HW.
Reply to this comment
by jenvido June 18, 2009 3:46 AM PDT
The need for the masses to jailbreak will never dissapear until the iphone is available on any network. As soon as apple break exclusivity, jailbreaking will probably be confined to the developer community and those insistent on having winterboard.
Reply to this comment
by blacjaq24 June 25, 2009 1:28 PM PDT
dude that has nothing to do with it?? its all about the mighty dollar the more you crave the more reason he has to put out a new model and charge you for it!!
by Vanimox June 26, 2009 8:22 AM PDT
Jailbreaking in itself is not illiagle in the smallest way, but what you do with the jailbreak can be leagle or illeagle! Everything is legal except for 2 main things, they are VolGPower Wich allows you to use apps like Skype Calling on 3G. The other is cracked apps. I've jailbroken & Unlocked every device ive ever had even had eventhough I'm with ATT, it's fun to take a tmoble sim and show ur friends why they can get an iPhone! The main apps I need from Cydia are:
1. Cracked apps (I admit it)
2. VolGPower
3. Winterboard
4. Backrounder (mainly use it for pandora)
5. SpoofCall
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