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Jailbreaking iPod Touch.
2
(40 posts, started )
#26 - Migz
I dont know if this has been said before but, you CANT jailbreak a second gen ipod touch. So if yours is second gen (easiest way to check is that second gen has a silver outline on the front) then you wont be able to jailbreak it.

Also if you F**K up your ipod by jailbreaking you can simply just restore your ipod touch in itunes and itll fix it all, but obviously you lose everything on the ipod.

Also someone said that it voids your warranty by jailbreaking the ipod, yes it does, but if for some reason you need to give it back to apple, or return it to the shop you got it from, just restore it from itunes and they dont know that you jailbroke it, meaning you have your warranty again.


P.S if you can jailbreak your iTouch, do it, its amazing, a friend of mine has done it and it looks pretty cool.
You can even get a GBA and PSX emulator on it to play game and playstation games
I have a jailbroken touch and I've got loads of Genesis, SNES and NES games on it, which are fun to play. I wouldn't have thought it was powerful enough to play PSX games? They take up too much space for me anyway.

If you can do it, you may as well. Gives you loads of new things to tweak
#28 - Migz
Apparently the iTouch is extremely powerful, alot more powerful then apple let people know.

And ive never seen the PSX emulator myself, but im pretty sure ive read about it on various websites.

Edit: Linky
Has a list of various emulators that can go on the iTouch. PSX being one of them
Err sorry to be dumb, but isn't it illegal? in which case why hasn't this thread been locked?

Downloading songs free from iTunes certainly is, so again my question stands.
Quote from gezmoor :Err sorry to be dumb, but isn't it illegal? in which case why hasn't this thread been locked?

Downloading songs free from iTunes certainly is, so again my question stands.

Jailbreaking itself isnt illegal if thats what ur asking
Quote from lukelfs :Jailbreaking itself isnt illegal if thats what ur asking

Yes that is what I'm asking. Is the iPod software open source then? If it isn't then it almost certainly IS illegal despite what most people might think.
#32 - Migz
Yes it is illegal as your breaking apples terms and conditions. But once you've bought the iTouch or iPhone then you can whatever the hell you want with it as it's your property, but it does void your warranty.
Quote from gezmoor :Yes that is what I'm asking. Is the iPod software open source then? If it isn't then it almost certainly IS illegal despite what most people might think.

Can you try to find proof to back that statement up?
#34 - CSU1
An end to the questions: Yes, Jailbreaking is illegal.
Quote from Jakamo5 of ipodtouchfans.com :
Yes, it's illegal, see below for why. BUT will you get in trouble for it? Unlikely.

Most people will tell you jailbreaking is "100% legal", probably because thats what one person started saying and that's what everyone wanted to believe. Their argument is that "we bought the Ipod/phone, its our property, we can do what we want with it." Wrong.

Exhibit A - EULA that we all agreed to (credit for this goes to Avatarv, for his post pointing out the bold lines):

-------------------------------------------------------
1. General The software (including Boot ROM code and other embedded software), documentation and any fonts that came with your iPod touch, as may be updated or replaced by software updates or system restore software provided by Apple, whether in read only memory, on any other media or in any other form (collectively the "iPod touch Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's intellectual property rights in the iPod touch Software and do not include any other patents or intellectual property rights. You own the media on which the iPod touch Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the iPod touch Software itself.

2. Permitted License Uses and Restrictions
(a) This License allows you to use the iPod touch Software on a single Apple-labeled iPod touch. This License does not allow the iPod touch Software to exist on more than one Apple-labeled iPod touch at a time, and you may not distribute or make the iPod touch Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the iPod touch. Some of those rights are available under a separate license from Apple. For more information, please email [email protected].

(b) With respect to updates to the iPod touch Software and system restore software that Apple may make available for download (“iPod touch Software Updates”), this License allows you to download the iPod touch Software Updates to update or restore the software on any iPod touch that you own or control. This License does not allow you to update or restore iPod touchs that you do not control or own, and you may not distribute or make the iPod touch Software Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the iPod touch Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the iPod touch Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iPod touch Software, iPod touch Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Apple and its licensors of the iPod touch Software and iPod touch Software Updates. If you breach this restriction, you may be subject to prosecution and damages.
------------------------------------------------

Ok, so some of you hardcore Jailbreaker coders and know-it-alls might point out that:
1) The EULA is NOT law, and nothing that Apple chooses to put in the agreement suddenly becomes the law. It's simply an agreement, and it is up to our legal system, and not Apple, what happens when you break the agreement. Apple only has the right to not deal with you anymore (warranty, etc).
2) EULA's may or may not even be enforceable depending on your jurisdiction - http://en.wikipedia.org/wiki/EULA
3) Jailbreaking actually does not rewrite or remove any code, but actually just adds to the existing code. It places a door where there was none before, but technically, the barriers that Apple had placed do still exist. So it is questionable whether or not the EULA is even being violated.

Fine then, at least now you can't say that Jailbreaking is 100% illegal. But to show you that it is not even a little bit legal, I give you Exhibit B:

Digital Millennium Copyright Act of 1998 - Section 1201 - definition of "access control" as follows: "circumvention of technological measures employed by or on behalf of copyright owners to protect their works." The DMCA makes a point to "...criminalize the act of circumventing an access control, even when there is no infringement of copyright itself." If you are jailbreaking an Ipod/phone you are clearly circumventing the access control to be able to install 3rd party programs. However, enforcement of the DMCA has mostly been limited to people a) creating programs to circumvent access control or b) hosting content that does.


And just a side note - "unlocking" a phone, while questionably violating the EULA, is NOT illegal as far as the DMCA goes, because there is a special exemption in the DMCA which does allow circumvention of access controls on cellular phones for their use on another carrier.

Hope this answers people's questions.

There ya go
^^^^

Hmm well thats wierd ,
Quote :Is jailbreaking your iPod touch illegal?

It is fully legal!

Thats from the same place as the above
#36 - Migz
What's more likely to be true? The huge post explaining that it's illegal....... Or the simple one sentence post saying it's not.
1) eulas mean jack schitt especially outside of the us
2) the dmca is us law not uk law
Does anyone know of any good repo's for themes? I have looked for some for the installer and cydia but only one has worked and the others haven't.

Also, does anyone know where to get the vista perfection theme from? You can get if off of the net but I would prefer to get it using a repo on cydia or installer.
Quote from Shotglass :1) eulas mean jack schitt especially outside of the us
2) the dmca is us law not uk law

Very true. But I would be very surprised if it was Apples intention to allow such modification of their software. Although I can't point to any specific legislation off hand, I think it's very unlikely that this kind of modification isn't covered under one of the UK acts relating to software copyrights, computer misuse etc etc.

Think about it, Apple are renound for tying all that kind of stuff down, use of DRM etc etc They're worse than pretty much any other manufacturer when it comes to protecting their products. The simple fact that they produced the product with the limitation of NOT being able to add unauthorised 3rd party software should scream at you that Apple don't want you to do it. Like I said, I don't know for sure, but I would be very surprised if such circumnavigation of apples restrictions is likely to be covered by some legislation somewhere, (If not UK then EU).

I'm not stating 100% that it IS ilegal. Just making the point that just because everybody on internet forums say it isn't doesn't make that a fact.

As for EULA's not being Law. Who says? They pretty much meet all the criteria of a legaly binding contract as far as I can see. So whilst just because something exsists in a EULA doesn't make it legaly binding per se. Breaching the EULA could very well be constued as breach of contract that can theoretically be prosecuted on. Proceed with caution would be my advice.
Quote from gezmoor :Like I said, I don't know for sure, but I would be very surprised if such circumnavigation of apples restrictions is likely to be covered by some legislation somewhere, (If not UK then EU).

you buy the hardware youre bloody well allowed to do whatever the hell you want with it

Quote :As for EULA's not being Law. Who says?

german lawmakers... dunno what the situation is like in the uk

Quote :They pretty much meet all the criteria of a legaly binding contract as far as I can see.

they completely fail to meet the most basic criteria which is that you sign the contract before you pay
in germany any eula that you get shown after you bought the product (usually while installing) is null and void
2

Jailbreaking iPod Touch.
(40 posts, started )
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