3 ms·
How have they leveraged this argument against the idea that the user who purchased the device has some level of right to use the IP on the phone they purchase?
by 015a 3y ago
How have they leveraged this argument against the idea that the user who purchased the device has some level of right to use the IP on the phone they purchase? Phrase this question another way: if I were to write and sell some application for the iPhone through my personal website, which requires users phones to be jailbroken, would my application and business be in violation of, specifically, US intellectual property law? Assuming I perfectly side-step other more obvious illegalities like trademark law.
Here's another caveat: assume the bundle I distribute is dynamically linked into the underlying operating system, such that I'm definitely distributing nothing except my own code that I wrote. Or, similarly: I ship nothing but my own code, plus a script I wrote the purchaser has to run to statically link the package with iOS libraries present on their Mac.
- zaroth 3y agoYou can publish your iOS source code and let your end-users compile and load the app onto their own devices, and do so without paying any commissions to Apple. If you were to compile it yourself such that the end-user device would need to be jailbroken because it lacks the necessary digital signatures, IANAL but I think this would be totally fine on your part, and the end-user would be protected by the jail-breaking exception to the DMCA; > Jailbreaking and Unlocking Smartphones and Tablets Since 2010, the DMCA has allowed users to jailbreak their smartphones in order to execute lawfully obtained applications unauthorized by the phone manufacturer. Last week’s announcement reaffirmed the rationale that using unapproved applications on smartphones is fair use and limiting users’ ability to execute such applications hinders choice and impairs innovation. https://jolt.law.harvard.edu/digest/latest-dmca-exemptions-restrict-jailbreaking-of-smart-devices-relax-video-and-e-book-circumvention-rules https://jolt.law.harvard.edu/digest/latest-dmca-exemptions-r...
- politician 3y agoYour customers can't actually do this without downloading XCode and agreeing to its license agreements. Just downloading XCode is an impossible ask, to say nothing of compiling and deploying to a phone. This is a non-solution.
- zaroth 3y agoI think the question was about legality, not practicality.