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Is jailbreaking a phone illegal?

by Chris Stubbs

Created on: December 29, 2009   Last Updated: December 31, 2009

The easiest example for why jailbreaking is not illegal is in the popularity of jailbreaking iPhones. People believe that jailbreaking an iPhone is illegal because of laws against software pirating. People from various parts of the world now have access to software, which has been copyrighted, without being required to purchase it. We can download anything we want for free by finding the right torrent site. What people don’t know is that you cannot be punished for downloading something that you already own.

Websites used to be able to get away with offering copyrighted material by adding a disclaimer that suggested its users purchase the item they were downloading, or delete it from their hard drives after a trial period. Jailbreaking requires the download of a modified operating system that you have already purchased with your phone.

Many jailbreaking websites offer torrent links to a modified iPhone OS that, when installed properly, will make the device “your own”. Hackers have also called this pwning or making your iPhone Pwned. Some software even allows you to use other providers. Yet, even though you may be under contract with AT&T, the only thing you are violating is the terms and conditions, which may only lead to a disconnection fee.

The fact is that once you purchase something, no one can tell you what to do with it (except not to break the law). Apples clutches on the iPhone are nothing more than an attempt to offer Utopian software. It helps them offer usability without versatility, and oh, make lots and lots of money. When you jailbreak your phone you are only installing a new operating system, which is similar to what you would do if you preferred Linux on your PC instead of Windows.

The only difference is that jailbreaking unlocks features that the original software disables for reasons of profit. You can bet you still pay for them though. How many phones can you purchase that have Bluetooth capability with practically no file transferring allowed? You can be sure that there is none in the 500 dollar range. For years now you could easily send multimedia messages with any camera phone. Until recently Apple and AT&T wouldn’t even let their top of the line device do that. It should be illegal for Apple to not offer a jailbroken iPhone on the date of purchase. There is no telling how many victims purchased an iPhone with the thought, “Surely it records videos, my free phone did that” only to find out that they had been tricked into a 2 year contract that allow them to do what they liked to do.

Jailbreaking your iPhone let’s you do these things and more. From themes to ringtones, it’s all free, and created to be free. No pirating here! All new applications that you will have access to are created by a self monitored community of budding electronic artists. Jailbreak your phone today. If you don’t like it you can always restore it in iTunes – no harm done!

Learn more about this author, Chris Stubbs.
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