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iOS jailbreakers thwarted by Apple's latest version of iBooks - Page 2

post #41 of 164
Quote:
Originally Posted by mdriftmeyer View Post

ePubs is an open format and those purchased books can be used elsewhere.

Reading those books via iBooks isn't keeping you from reading those books from a 3rd party application that can be developed and support ePubs format.

You just won't get all the extra little touches like preview a book and then buy the book via iBooks without a third party having to develop those services that Apple developed for it's users, not for it's jailbroken users.

Get it?

ePubs is an open standard
However, iBooks uses a closed standard. These books are NOT transferrable, either into, nor out of iBooks.
post #42 of 164
Quote:
Originally Posted by mdriftmeyer View Post

ePubs is an open format and those purchased books can be used elsewhere.

Reading those books via iBooks isn't keeping you from reading those books from a 3rd party application that can be developed and support ePubs format.

You just won't get all the extra little touches like preview a book and then buy the book via iBooks without a third party having to develop those services that Apple developed for it's users, not for it's jailbroken users.

Get it?

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What Apple is doing with iBooks is not legal, and if this were a court case, Apple would be laughed out.

Get it?
post #43 of 164
Quote:
Originally Posted by Euphonious View Post

Have you read the terms and conditions that you agreed to before downloading anything from iTunes?

I certainly haven't - but I'd bet my hat that there's a clause in there which allows Apple to do exactly what it's done. The jury might be out on whether it's immoral, but illegal it ain't.

The harping on the "legality" is missing the point by a mile. If you bought a new car and then immediately starting tinkering with the engine, you wouldn't have done anything "illegal," but you'd have to be pretty dim to expect the manufacturer to stand by the warranty, let alone guarantee that the car would continue to work the same way as it did when it left the factory.
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post #44 of 164
Quote:
Originally Posted by Hodar View Post

I bought my iPhone from AT&T for $200
I pay my monthly AT&T bill of $113
I jailbreak my phone

Now, books I have purchased for ~$15 each are not viewable?

How is this not extortion? What I am doing (jailbreaking) is perfectly legal. What Apple has done, is denying me the ability to view a book I have legitimately paid for.

This is nothing short of extortion. Now, this will create a new effort by people to crack the DRM on iBooks; and when the DRM is broken on iBooks - this will create a new Book piracy industry that does not exist today.

As we used to say in grade school - "Nice move, Ex-lax"

every company out there will only support "supported" configurations. you can play all you want, but don't expect anyone to support every homebrew configuration that people make up.
post #45 of 164
Quote:
Originally Posted by pmz View Post

What Apple is doing with iBooks is not legal, and if this were a court case, Apple would be laughed out.

Get it?

Citations to support this claim, please.
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post #46 of 164
Quote:
Originally Posted by jubei_nj View Post

25% sounds high. You're assuming that they would buy it in the first place. Since Apple provides no app trials, I know people who use pirated apps as a way to try out an app before jumping in. Do you provide a "lite" version? Is it a fairly inexpensive application? I can't see anyone pirating a $.99 app...

I can assure you that 25% is correct. I was surprised myself. Each time they're run our apps report, via our analytics service, whether they've been cracked or not. We do offer a lite (free) version of the same app as well. The free version shows that it is never cracked. The full priced $4.99 version, which provides incredible value, is run 25% of the time stolen. Whether or not those same 25% of people would actually buy the app is another question, but 25% of the people running the app on any given day are running stolen copies. So while they might not buy it, they surely like to use it.

Quote:
Originally Posted by jubei_nj View Post

Also, Apple has a super easy way to combat piracy - look at the tweaks and utilities that people jailbreak for and put similar technology into your OS. If iOS had SBSettings or BiteSMS (my two major jailbroken apps) I wouldn't jailbreak.

As stated above, we can easilly detect a cracked app (this is how I get to the 25% number) but we're loath to play a cat and mouse game with the crackers. We'd rather invest in new features and content for our app, and wish apple would play the policeman more for their 30%
post #47 of 164
Quote:
Originally Posted by pmz View Post

What Apple is doing with iBooks is not legal, and if this were a court case, Apple would be laughed out.

Get it?

I doubt it.

As far as I can tell, for the DRM-protected books, you get a license to view the book on up to 5 authorized devices. I imagine in the terms of service for the license there's a bunch of legal mumbo jumbo about what constitutes an authorized device, and a jailbroken iOS device probably doesn't meet Apple's criteria.
post #48 of 164
Quote:
Originally Posted by disesy View Post

I want to point out, Apple is not allowing them to use a jailbroken phone, the courts are. Apple wants a completely closed system to keep their 30% coming. It might not be extortion, but I would be interested in the usage agreement that you acknowledge when you download the app. I suspect that the policy might conflict with what the courts have said that the iphone must be open.

I don't think it was a court that decided jailbrake is legal, but the library of congress. And by legal, it means Apple can't sue users who jailbrake for jailbraking itself, but nothing prevents Apple from putting up technical barriers to discourage jailbraking.
post #49 of 164
Quote:
Originally Posted by Hodar View Post

So, a 'Pre-emtive strike' on iBooks, for something I may, or may not do in the future; is justification for preventing me from accessing iBooks I have legitimately already paid for? Why not block the iPod functionality - just in case? Why not shut down my phone service, just in case?

Jailbreaking is LEGAL.
Denying me access to material that I have legitimately purchased is ILLEGAL.

Simple enough?

Nobody's denying you access you dimwit. There's a way to access it. This is necessary because of the content deals. Literally no one of any importance cares about your problem.
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post #50 of 164
Quote:
Originally Posted by stevetim View Post

What I hear apple saying here is they want me to buy kindle books from now on.

You need a hearing aid then.
post #51 of 164
Quote:
Originally Posted by Damn_Its_Hot View Post

What you really hear is Apple saying is lets support developers.

In what way is this telling the consumer that Apple is supporting developers?

I want to use legitimate apps on my iPhone that Apple decides I shouldn't be able to use for whatever asinine reason they come up with. If I want to use the volume buttons as a camera shutter then I should be able to, but Steve Jobs doesn't want me to be able to. So I jailbreak my phone and pay for an app outside of the Apple Store that I want.

I'm supporting a developer that Apple clearly does not want to support. If Apple truly wanted to show support for developers then it would allow most/all of the apps available through Cydia and elsewhere through the Apple Store. Clearly Apple only wants to support developers who stay fully in lock step with Apple's own restrictive ideas of what you can and cannot do with the devices you buy.

Now Apple goes and cripples iBooks so that it forces people like me to make a decision. If I want to purchase reading materials do I go with Apple & iBooks and forego the apps I purchased through channels other than the authorized Apple ones? Or do I completely abandon Apple's method of providing reading content and go with Kindle? Seems like a no-brainer to me, and one that only hurts Apple's own content developers but not me. I have yet to start purchasing e-books but when I do this will be a huge deciding factor for me. Given Apple's behavior today I'll probably never buy e-books through them. I'll go with Kindle or something else, and I'll also warn family & friends away from Apple as well.
post #52 of 164
Quote:
Originally Posted by mobility View Post

Nobody's denying you access you dimwit. There's a way to access it. This is necessary because of the content deals. Literally no one of any importance cares about your problem.

Agreed.
post #53 of 164
Quote:
Originally Posted by pmz View Post

What Apple is doing with iBooks is not legal, and if this were a court case, Apple would be laughed out.

Get it?

You're less bright than you profess. It's not illegal. If the publishers don't want Apple to keep jailbreakers from respecting their DRM they will stop their licensing deals with Apple which authorizes them to use their works that you buy a license to use on that platform. Good luck in suing that corporation and your defense is that they don't have a right to restrict access to their legally owned properties.
post #54 of 164
Quote:
Originally Posted by Damn_Its_Hot View Post

What you really hear is Apple saying is lets support developers. Jailbreaking is the way apps are pirated. Not all people with jailbroken iPhones (?) steal software but per news reports there are enough of them out there that at times it has been approx 90% stolen 10% purchased (for certain apps). Lets pay people for their hard work. Typically apps are in the $0.99 to $4.99 range with the lower side being more the norm. Is it too much to ask to pay people for their hard work.

I get it that to some folks they feel limited and they want to hack the iPhone. I also see what has happened with the android OS and am glad I am in this walled garden, no virus protection needed, not much in the app store as far as stolen content or apps, malware or the like. Thanks, but no thanks, I'll keep my iPhone.

BTW: I am also a developer.

I jailbroke my iPhone just to enable it to run on different network. Apple, start selling unlocked phones in US and jailbreaking will drop significantly.
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post #55 of 164
This is why I hate copyright. The whole shenanigans Apple and so many corporations have to do to ensure that intellectual work behaves like private property in a "proper" capitalist market are nothing short of ensuring an enslaving world, in the name of "security" and the "market", where our freedoms are completely destroyed.

This particular issue is just a small detail. But it is quite telling.
post #56 of 164
Quote:
Originally Posted by mdriftmeyer View Post

You're less bright than you profess. It's not illegal. If the publishers don't want Apple to keep jailbreakers from respecting their DRM they will stop their licensing deals with Apple which authorizes them to use their works that you buy a license to use on that platform. Good luck in suing that corporation and your defense is that they don't have a right to restrict access to their legally owned properties.

I also think that the legalistic approach to this shenanigan is silly. Instead, a blowback against DRM'd books is in the making. More troubles are already predictably ahead, just like what happened with the mp3 market. Publishers may think that this is good for the authors et al, but alas it isn't. It just makes the public angry and confused at what they are actually buying or not.

I, for one, will never buy an e-book. Ever.
post #57 of 164
Quote:
Originally Posted by LuisDias View Post

I, for one, will never buy an e-book. Ever.

Enjoy not being able to buy books in the future.

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post #58 of 164
Quote:
Originally Posted by Hodar View Post

In the meanwhile, all my future book purchases will be through Kindle. iBooks has a lot of polish - but Kindle doesn't deny me access to the books I have paid for. And when you have dropped over $100 on books - this is a big deal.

Kindle may not deny you access to the books you've paid for, but Apple might deny you access to Kindle. We'll know its fate on March 31.
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post #59 of 164
"the practice of jailbreaking to run unauthorized code was deemed legal by the U.S. government last July"

What Apple is doing is legal as well. They are not preventing anyone from jailbreaking their phone, they are simply refusing to co-operate. That's their right.
post #60 of 164
If I can unlock my iPhone, run MyWi (which I paid for) instead of paying AT&T extra for bandwidth I already purchased, run XBMC, SBSettings, FolderEnhancer...

Until then, I'll jailbreak. The iPhone and iPad are fantastic devices, but they are too restricted by Apple. If they make it impossible to hack them, I will choose one of the many options that are quickly becoming available (Android, WebOS...)
And no, I don't pirate apps or books. I pay for everything. Which is another reason why I, as a paying customer, refuse to let the vendors dictate how I will use the stuff I purchased.
post #61 of 164
I wonder if iOS 5 will have all native apps fail on a jailbroken phone?

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post #62 of 164
All people with a jailbroken iPhone have decided the benefits of jailbreaking outweigh the benefits of using the iPhone as Apple designed it and have no leg to stand on when complaining that certain features don't work the same or at all. Jailbreaking may be a legal thing to do but Apple is under no obligation to service or make sure those devices work the same as non-jailbroken iPhones. It's very simple.
post #63 of 164
doesn't this only work if you install the patch to run jailbroken apps ? seeing as if you don't the drm book that apple tests it with won't load and then you should be ok . ?
post #64 of 164
Quote:
Originally Posted by LordJohnWhorfin View Post

If I can unlock my iPhone, run MyWi (which I paid for) instead of paying AT&T extra for bandwidth I already purchased, run XBMC, SBSettings, FolderEnhancer...

Until then, I'll jailbreak. The iPhone and iPad are fantastic devices, but they are too restricted by Apple. If they make it impossible to hack them, I will choose one of the many options that are quickly becoming available (Android, WebOS...)
And no, I don't pirate apps or books. I pay for everything. Which is another reason why I, as a paying customer, refuse to let the vendors dictate how I will use the stuff I purchased.

Fine. Nothing wrong with what you said or what you are doing. Just realize that by jailbreaking you can't complain if Apple changes something in iOS that affects the functionality of your device. Apple is under NO obligation to jailbroken devices. None. That's the trade off for the functionality you desire.
post #65 of 164
Where do people get the idea that not offering some desired functionality or compatibility on a computing device is "illegal"?

Apple could update Quicktime so that it doesn't play any legacy files. They could make Keynote stop importing Power Point presentations, or, um, switch processors so that the only way to run old apps would be through an emulation layer, and even drop support for those apps entirely, on a schedule of their choosing.

Apple could make the next iteration of OS X reduce your Mac to an inoperable and inert lump of silicon and aluminum. While being competitively unwise and really really bad for customer relations, none of those things would be "illegal", at least not if Apple was reasonably clear about its intentions at the point of purchase.

Apple has never claimed it would support jailbreaking or be nice about it or not actively discourage it. They can make their software do pretty much what they like without worrying about being dragged into court by folks who wanted it to do something else.

And this "I bought it, I own it, I should be able to do whatever I want with it" is a complete red herring. Of course you can do what you want with it. Set it on fire, reverse engineer it, grant it sentience, if you know how. It's just that Apple doesn't have to support your efforts. They can even make it harder for you, in software or in how they construct the device. Anyone want to claim that it's "illegal" for Apple to use security screws on their cases? Because, you know, it's yours and you should be able to pull it apart as easily as you would like to, without damaging the case or voiding the warranty?
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post #66 of 164
Quote:
Originally Posted by yensid98 View Post

All people with a jailbroken iPhone have decided the benefits of jailbreaking outweigh the benefits of using the iPhone as Apple designed it and have no leg to stand on when complaining that certain features don't work the same or at all. Jailbreaking may be a legal thing to do but Apple is under no obligation to service or make sure those devices work the same as non-jailbroken iPhones. It's very simple.

Agreed.

Additionally, people mis-state things when they say that jailbreaking is "legal."

Jailbreaking has not been declared "legal." What happened is that the decision was made that jailbreaking is "not illegal" (provided certain conditions prevail). It may not seem like it but that's a big difference. One of those conditions is that if the purpose of the jailbreaking is itself to break the law or assist in breaking the law, then it's no longer a legal thing to do.

In other words, if your intention when jailbreaking is to get around the DRM on the iBooks store, then it's 100% illegal. Jailbreaking as it currently exists enables one to get around the DRM on the contents of the iBooks store, therefore it enables an illegal act.

All of this is admittedly quite hazy, but people going on about how "jailbreaking is 100% legal" and that this should somehow trump Apple's attempts to lock down content and so forth are being ignorant at best.
post #67 of 164
Quote:
Originally Posted by lewisdorigo View Post

I'd just like to point out that "law allows jailbreaking" thing is technically inaccurate.

It was decided that distributing custom firmware onto the device wasn't violating copyright. There's a big difference. All it means is that Apple couldn't sue the Dev Team for copyright infringement. It doesn't mean that they have to allow jailbreaking.


You also agreed to various usage terms and conditions when signing up to get the phone, as well as when buying books from the iBooks Store. If you're not happy with the terms you signed up for, then don't agree to them. Simple as that.



Who owns your iPhone??
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This patent gives the impression that Apple believes they have or will have the right to investigate customers they believe are using their device in an unauthorized way.

SYSTEMS AND METHODS FOR IDENTIFYING UNAUTHORIZED USERS OF AN ELECTRONIC DEVICE
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Abstract
This is generally directed to identifying unauthorized users of an electronic device. In some embodiments, an unauthorized user of the electronic device can be detected by identifying particular activities that may indicate suspicious behavior. In some embodiments, an unauthorized user can be detected by comparing the identity of the current user to the identity of the owner of the electronic device. When an unauthorized user is detected, various safety measures can be taken. For example, information related to the identity of the unauthorized user, the unauthorized user's operation of the electronic device, or the current location of the electronic device can be gathered. As another example, functions of the electronic device can be restricted. In some embodiments, the owner of the electronic device can be notified of the unauthorized user by sending an alert notification through any suitable medium, such as, for example, a voice mail, e-mail, or text message.

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You may think you own the device you bought last week from a retailer. But it is increasingly the case that what you own is only the hardware; you dont own the right to use it the way you want to use it, even for entirely legal purposes.....

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post #68 of 164
So jailbreaking is legal. I purchased books from Apple and Apple has now made it impossible for me to read these books as long as I legally jailbreak. Well, now I'll simply buy from Amazon, use the Kindle reader (on the iPad) and piss on Apple's iBooks. And yes, jailbreaking IS legal. You need to read the statement from the US Government's Library of Congress. If it is not illegal, then it is legal. It is legal to do ANYTHING that is not specifically declared illegal (US Constitution). Unless you live in another country, it's not hazy at all. Now once jailbroken, it becomes easy to do illegal acts like use pirated software. I don't thing there's anyone that will contend that pirated software is legal or moral to use in any fashion. This ability is one reason Apple fights jailbreaking. Apple's desire to control 100% of the user experience is another.

It is correct that Apple is under no obligation to cater to jailbroken devices. They can and do everything they can to block jailbreaking. My gripe right now is that I paid Apple for books. I paid Apple for my iPhone and iPad. By blocking me, I feel that Apple has stolen my money. I didn't steal any of their software, hardware or anything else. The two Cydia apps I have I also paid for. Cydia has not cheated me. But now Apple has cheated me. Allow me to get a refund for books I purchased through iBookstore and I'll be happy.
post #69 of 164
Quote:
Originally Posted by Hodar View Post

Ummm - Jailbreaking MY iPhone is perfectly LEGAL.

Denying me access to iBooks that I have paid for, is theft.

Not all Jailbreakers are thieves, I know several jailbroken phones - and NOT ONE of them use stolen Apps.

I'd wager that 95% of Jailbreakers go to the effort, because of MyWi. MyWi simply turns on a function that is built into the iPhone, and is turned off by the cell provider. The Cell provider has opted to charge $20/month to enable something my phone has always been able to do. How I consume my 2 GB is MY business - not my cell phone providers.

Would anyone tolerate a $20/month surcharge to use your speakerphone?

This is the second post that you have said that you do not follow the terms of service that you agreed to when you signed the contract with AT&T. So, you are in obvious violation of your agreement and yet you pretend not to be one of the people that are breaking the rules.

You do not get to decide "how you consume" your 2gb, the contract states how you get to.

If you do not like what Apple does and deem AT&T's contract as not applicable to you, then buy a different phone on a different carrier!
post #70 of 164
Let the whining begin.

What possible justification is there for jail breaking in order to pirate a book? Yet, there are those who through tortured logic or by setting up ridiculously improbable hypotheticals will find a justification, or merely assert their right to "do whatever I want because I bought it."

Others like to hack everything as some climb a mountain: "just because it's there."
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post #71 of 164
Quote:
Originally Posted by Hodar View Post

snip

In the meanwhile, all my future book purchases will be through Kindle. iBooks has a lot of polish - but Kindle doesn't deny me access to the books I have paid for. And when you have dropped over $100 on books - this is a big deal.

Not only does Amazon have a history of denying customers access to already purchased books, they have gone even further and remotely removed said books from customers' kindles.
post #72 of 164
Quote:
Originally Posted by Cinemagic View Post

So jailbreaking is legal. I purchased books from Apple

technically you bought a license to view digital content on up to 5 authorized devices which doesn't include jailbroken devices

this is the wrench in the deal to buy digital content from apple

Quote:
Originally Posted by Cinemagic View Post

and Apple has now made it impossible for me to read these books as long as I legally jailbreak. Well, now I'll simply buy from Amazon, use the Kindle reader (on the iPad) and piss on Apple's iBooks. And yes, jailbreaking IS legal. You need to read the statement from the US Government's Library of Congress. If it is not illegal, then it is legal. It is legal to do ANYTHING that is not specifically declared illegal (US Constitution). Unless you live in another country, it's not hazy at all. Now once jailbroken, it becomes easy to do illegal acts like use pirated software. I don't thing there's anyone that will contend that pirated software is legal or moral to use in any fashion. This ability is one reason Apple fights jailbreaking. Apple's desire to control 100% of the user experience is another.

It is correct that Apple is under no obligation to cater to jailbroken devices. They can and do everything they can to block jailbreaking. My gripe right now is that I paid Apple for books. I paid Apple for my iPhone and iPad. By blocking me, I feel that Apple has stolen my money. I didn't steal any of their software, hardware or anything else. The two Cydia apps I have I also paid for. Cydia has not cheated me. But now Apple has cheated me. Allow me to get a refund for books I purchased through iBookstore and I'll be happy.
post #73 of 164
As others have said, jailbreaking is not illegal. However, just as with a car or any other item you purchase, you can modify, soup it up any way you want. However, you are voiding your warranty. You can't just tell Ford, GM, Chrysler, whoever, that you demand that their cars have whatever feature you feel you can't live without and have them start adding it to their cars. You have the option to modify if you want, but it's at your risk. Buy Android if it bugs you so much. Most people enjoy their iPhones just as they are.The ease of use and security are important to most people. Are there things I might like on them? Possibly. But all in all I will take the security and ease of use. If it was that big a deal I would get a Droid.
post #74 of 164
Quote:
Originally Posted by Robin Huber View Post

Let the whining begin.

What possible justification is there for jail breaking in order to pirate a book? Yet, there are those who through tortured logic or by setting up ridiculously improbable hypotheticals will find a justification, or merely assert their right to "do whatever I want because I bought it."

Others like to hack everything as some climb a mountain: "just because it's there."

One jailbroken app I use is iBlacklist. My cell phone is my primary phone. Unfortunately for me, telemarketers have my number. A few have refused to take me off their list and I get calls all the time. AT&T won't block calls but will still charge me for the minutes used when these telemarketers do call. Apple doesn't allow me to block calls and they have not allowed any apps that do block calls into the app store. Jailbreaking and iBlacklist is the only solution if I want to be able to block telemarketers. And yes, I am on the Do Not Call Registry, which is useless. Maybe the user experience that Steve Jobs envisions is full of telemarketing. But for me, it's not. This is real, not a hypothetical. As for pirated books, there is no justification for that. But it seems that the anti-jailbreakers think that everyone who jailbreaks is out to pirate apps or steal something. Nothing could be further from the truth.
post #75 of 164
Quote:
Originally Posted by jukes View Post

technically you bought a license to view digital content on up to 5 authorized devices which doesn't include jailbroken devices

this is the wrench in the deal to buy digital content from apple

Yes, you are absolutely right. I did buy as you pointed out. I still feel cheated.
post #76 of 164
Since developers get most of their sales and return on investment thru legitimate sales, they have to set their price accordingly. If there were no pirated copies, they could lower their price. In effect, legitimate purchasers are paying more so the pirates can freeload.
post #77 of 164
Quote:
Originally Posted by Prof. Peabody View Post

Agreed.

Additionally, people mis-state things when they say that jailbreaking is "legal."

Jailbreaking has not been declared "legal." What happened is that the decision was made that jailbreaking is "not illegal" (provided certain conditions prevail). It may not seem like it but that's a big difference. One of those conditions is that if the purpose of the jailbreaking is itself to break the law or assist in breaking the law, then it's no longer a legal thing to do.

Jailbreaking is 100% legal. Using jailbreaking to steal is not. VCR's are legal. Taping a pay per view and selling it is not. Almost everything on the planet has an illegal use.

http://www.wired.com/threatlevel/201...-jailbreaking/

So Apple is within thier rights to withhold something new that has not been paid for to jailbreakers. Apple is not within thier rights to withhold something that has already been paid for.

This makes it easy for me. I will not buy anymore Ibooks. I will go elsewhere and that is a shame, I have been a pretty loyal Itunes and Appstore purchaser.

If Apple does a similar thing to app purchases they will totally blow the trust I have in them. I have never pirated an app and spent about $200 a year on apps.
post #78 of 164
Quote:
Originally Posted by TomMcIn View Post

Since developers get most of their sales and return on investment thru legitimate sales, they have to set their price accordingly. If there were no pirated copies, they could lower their price. In effect, legitimate purchasers are paying more so the pirates can freeload.

The rate of Apple App store piracy is quite low overall. There are apparently some developers who say that on specific (probobly overpriced) apps they are high rates. Those people have not learned the lesson of the app store.

There was a HUGE pent up demand for fairly priced software. Take me, I have spent very little on software (all kinds, desktop, phone) outside of my professional tools (Final Cut etc) before the Iphone app store.

Now I spend real money buying $1-$10 apps. I would not have bought (or pirated) the same apps if they were $49. They are create (HUGE) demand with the lower prices, and bringing money into software that simply was not there to be had otherwise.
post #79 of 164
Quote:
Originally Posted by jkichline View Post

This isn't extortion. Jailbreaking in this manner compromises built-in security measures on the phone. iBooks uses this API to ensure that purchased books are legitimate and not stolen (the basis of capitalism). Jailbreaking isn't illegal, but if you are messing with the innards of the OS to do it, you can expect some things to not work. It would be like messing around with your car's engine to get more horsepower and then bitching about the manufacturer when you blow a head gasket. Apple simply provides no warranty for you if you are going to mess with your phone's OS.

Your argument is more like the car manufacturer including a kill switch that automatically blows the head gasket when you tune the engine in a way they don't approve. This has gone beyond something accidentally being broken and is a direct intentional check that purposely disables functionality.

Sorry, but your little straw man is blowing away. Whoops, there he went.
post #80 of 164
Quote:
Originally Posted by Prof. Peabody View Post

Agreed.

Additionally, people mis-state things when they say that jailbreaking is "legal."

Jailbreaking has not been declared "legal." What happened is that the decision was made that jailbreaking is "not illegal" (provided certain conditions prevail). It may not seem like it but that's a big difference. One of those conditions is that if the purpose of the jailbreaking is itself to break the law or assist in breaking the law, then it's no longer a legal thing to do.

In other words, if your intention when jailbreaking is to get around the DRM on the iBooks store, then it's 100% illegal. Jailbreaking as it currently exists enables one to get around the DRM on the contents of the iBooks store, therefore it enables an illegal act.

All of this is admittedly quite hazy, but people going on about how "jailbreaking is 100% legal" and that this should somehow trump Apple's attempts to lock down content and so forth are being ignorant at best.

Whether or not you agree with Apple's policy, you do have an agreement with Apple that you will comply with its terms.

What the iPhone jailbreaking ruling means
Quote:
What does the Copyright Office's ruling mean?

The short answer is that jailbreaking your iPhone or other mobile device will no longer violate a controversial federal copyright law called the Digital Millennium Copyright Act, or DMCA. Bypassing a manufacturer's protection mechanisms to allow "handsets to execute software applications" is now permitted.

How does it affect iPhones specifically?

Apple exercises greater control of its hardware and software than most of its competitors. Anyone remember last fall's court-ordered permanent injunction that Apple won against Psystar, which sold PCs with OS X pre-installed?

On the iPhone, Apple restricts the software that can be loaded onto the device. Applications can be downloaded through the App Store, and to be included in the App Store, the program has to be vetted and approved by Apple....

So does Apple have to support jailbreaking?

Nope. Section 2(c) of the Apple iPhone Software License Agreement (PDF) bans any attempt to "modify" the iPhone software or to reverse-engineer it.

What that means is that Apple can still legally -- if it chooses -- protect its phones from jailbreaking. The contract formed between the user and Apple (and the user and the wireless carrier) when the iPhone owner agrees to the user licensing agreement is binding, says Tom Sydnor, a senior fellow with the Progress and Freedom Foundation who takes an expansive view of copyright law.

Just because the DMCA allows individuals an exemption to jailbreak their own phones, "it doesn't mean Apple or a carrier can't protect contractual restrictions to deal with it," Sydnor said. "Essentially the exemption says this is the sort of thing that falls in bounds of contracts."

Apple could pursue breach of contract if someone jailbreaks their phone, or they could sue a person or company that creates jailbreak software for inducing someone to breach their contract with Apple. In other words, Sydnor said, "even if there was no DMCA, you could still be bound not to circumvent that technological protection."

iPhone Software License Agreeement

Read ¶2(c)
無心 The idea of wilderness needs no defense, it only needs defenders., Wilderness is not a luxury but a necessity of the human spirit__Edward Abbey
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無心 The idea of wilderness needs no defense, it only needs defenders., Wilderness is not a luxury but a necessity of the human spirit__Edward Abbey
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