Apple’s Official Response To DMCA Jailbreak Exemption: It Voids Your Warranty

I just got a call from Apple’s PR department to discuss today’s historical DMCA exception ruling that makes iPhone jailbreaking legal.

Unfortunately, because of the legal issues involved, the Apple spokeswoman would only provide me with the following statement on the record:

“Apple’s goal has always been to insure that our customers have a great experience with their iPhone and we know that jailbreaking can severely degrade the experience. As we’ve said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably.”


It’s short and sweet: Apple wants to control the iPhone experience to keep things simple and stable. Jailbreaking opens the door to software that can ruin that experience (and maybe steal your identity or spread viruses). For more information about Apple’s stance on jailbreaking, see this support document: Unauthorized modification of iOS has been a major source of instability, disruption of services, and other issues.

It does, however, answer the main question I had: does jailbreaking void the warranty? Yes, it does.

The other question I had is whether Apple will sue companies that publish or market jailbreaking software?

The spokeswoman would only say on background that Apple hasn’t in the past prosecuted such companies or individuals.

Now that jailbreaking is explicitly legal — at least for individual consumers — it’s not unreasonable to think the jailbreaking scene may become a little less underground. It may even prompt a cottage industry of unofficial App Stores, like the unofficial app store Cydia and the now-defunct Icy.

There are an estimated 10 million jailbroken devices out there, which represents a pretty big market for developers. Maybe legitimate software companies will publish jailbreaking software, instead of shady rings of underground hackers? And maybe the will become a healthy market for unofficial and banned apps. They will never have the marketing clout of the official App Store, but it’s not hard to imagine software vendors marketing software that Apple rejects as “the app Apple doesn’t want you to have.”

If you enjoyed this article:
Subscribe via RSS or email, or follow us on Facebook and Twitter

About the author

Leander Kahney

Leander Kahney is the editor and publisher of Cult of Mac, and author of three books about technology culture: Inside Steve’s Brain, the New York Times bestseller about Steve Jobs; Cult of Mac; and Cult of iPod. Leander has written for Wired, MacWeek, Scientific American, and The Guardian in London. Follow Leander on Twitter @lkahney and Facebook.

Email the author | Read more posts by Leander Kahney.

62 comments

    Apple didn’t say it does it said it can do. Subtle difference. Also it’s not just this that makes jail breaking legal or illegal. You’ve got the EULA etc also on top. Guess we need to see how it pans out.

    Why spend the $ to get a stable software platform just to break it? If Sprint/Blackberry gave me a phone and OS that didn’t reset twice a f***ing day, I’d thank the heavens and offer my first born as a thankful sacrifice.

    OK, I’ve been thinking about the sacrifice since the child turned fifteen…

    Seriously – is jailbreaking worth the effort? (Not judging one way or the other, just not ‘getting it’)

    I would have to disagree that the current jailbreak methods have anything to do with “shady rings of underground hackers” the dev team are outstanding talented people. in the context of internet/electronic citizenship they are shining examples of how to serve the community. they do thankless work (very hard work outsmarting coupertino all the time.) they deserve respect! they believe in open source, open phones, and even maintain an add free website.

    I would be very surprised to see “legitimate software companies” hold up the same quality and citizenship as this “shady rings of underground hackers” furthermore I would be shocked if “google-break” was not brought to you by Pepsi or “Orical- unlocker” was not sponsored by Progressive Insurance.

    Again we have a wonderful thing with these Talented volunteers.

    I wonder if this will chip away at the unholy union between AT&T and Apple?

    Please recognize the difference between the words “ensure” and “insure”. As info, they mean completely different things in proper English.

    I can’t believe there are still losers out there with unjailbroken phones!

    Well, while you’re voiding your warranty, you might as well just plain old break the law too, eh?

    http://www.cultofmac.com/install-pirated-appstore-apps-on-your-iphone-jailbreak-superguide/

    What’s with the step-by-step guide on pirating apps? Is this a path you want to take for the sake of some site hits? Sad. Just sad.

    This will also lead to pirating of software.

    I don’t Jailbreak but I don’t have a problem with people who do. I think this would’ve only been a problem if people who did Jailbreak expected Apple to cover their hacked handsets. Either way, it’s your phone so you do what you want with it.

    Actually, reading the linked document and the statement from your Apple PR contact, jailbreaking your iPhone ‘MAY’ or ‘CAN’ void the warranty, not ‘WILL’.

    Apple must be jumping with joy fort the new ruling!!! Apple is hardware maker and will be selling many more to those who want to “jailbreak” the hardware without worrying about the improper functioning of the hardware sold to the jailbreakers.

    It is Micro$oft, a OS and Application maker that should be worrying about the new rules, since people can modify them and sell the modified software to the Windows PeeCee Users. In addition, there will be more people who will be experiencing malware, stolen identities, loss of funds from banks, etc!!!

    So … I own a Bugatti, with the mentality floating around why must I follow the rules of the speed limit? It’s my device, why can’t I do whatever I want with it and be OK?

    Same with a gun why must I register it just to shoot rounds off? I bought it ..

    As with the poster above, this will lead to Piracy and I can’t wait to start suing the little “hackers” out there installing pirated software.

    Enjoy :) .

    It’s “ensure” not “insure”

    Yes, bingo!!! Me and my homies will be buying iPhones soon, as we are amateur/hobbyist hackers. We dont do it for money, and we dont do it to deprive developers of their income, we do it for fun and just because we consider it a challenge of our skills. Removing any legal constraints will let us enjoy our future iPhones without the guilt or paranoia, or the need to “hide” our activities from Apple or whatever. Nice to know we can now buy iPhones and use it more freely without the legal baggage. the 3 of us actually stayed away from apple hardware because of that baggage and all the hassles apple put on you

    I don’t get it. If you want to ‘challenge your skills’, why not try developing something from scratch rather than standing on the shoulders of giants and poking them in the eye? The whole legal/ illegal thing is bogus, I mean are the rozzers gonna stop you on the street, will Apple enforcement break down your door. Oh maybe the last one…

    @David, you’re joking right?

    >So … I own a Bugatti, with the mentality floating around why must I follow the rules of the speed limit? It’s my device, why can’t I do whatever I want with it and be OK?

    No, if you mod your Bugatti, there’s no issue. If you break the speed limit, you’re breaking the law.

    > Same with a gun why must I register it just to shoot rounds off? I bought it ..
    Mate, the intended use of a gun is to kill. Mod it if you want, but shooting is part of the functionality of the gun.

    If you want to argue logic, at least make some sense. Jailbreaking != breaking the law. It CAN void your warranty, but that’s it. There’s nothing stopping you from modifying anything you buy, but if you’re going to break the law with it, that’s a different story.

    I dont mind, I just wish the whole jailbreaking news wasnt taking over Cult of Mac. Tempted to stop reading if it carries on really. The site will start becoming a waste of time for those who want to keep their iphone as it was intended to be!

    “Apple’s goal has always been to insure….”

    It’s ensure with an “e”

    Did Apple really use the work “insure”? Not “ensure”?

    I use a jailbroken iPhone. Will always do. Was I concerned before? No. Am I concerned now? No.
    I own the device and I will do whatever I please with it. Period. It is not up to Apple to decide what apps I can install or not. Now, if (notice the “if”) I were to install pirate apps, that would be a concern of the companies that produce the apps. Not Apple’s.

    David, you analogy with the Bugatti is hilarious. Horribly flawed but funny anyway. Hum, maybe I should buy a Bugatti and jailbreak it too…

    Lets see if we can draw a parallel.

    Hypothetically speaking, lets say that you purchase a brand new sports car. Granted, it isn’t as cheap as an iPhone or other electronic devices but for argument’s sake, lets run with it.

    Now, you take that car to a company like West Coast Customs but without the high profile reputation and cost. They take the car and at your direction make electronic, paint, supsension, and engine power changes to it. After a couple weeks you get a pimped out ride. Its flashy. Its custom. Its does exactly what you want it to do – for now.

    But a month later, you start experiencing problems with the the paint peeling and the electronics not behaving as they should, etc, etc, etc.

    If you take that car back to the manufacturer for warranty claims, they are going to laugh at you. You void the warranty on many levels when you allow after market changes to your ride and their technicians are trained to look for the tail tell signs of this warranty voiding tampering.

    If you take it back to West Coast Customs, they may offer a small warranty but getting it serviced may be similar to a visit to the dentist.

    Ultimately, it boils down to a personal decision. How much responsibility is the end user willing to take on when altering their toys. Modifiying a car is a much more expensive undertaking. Where as modifying an iPhone is much simplier.

    Besides, any company willing to honor a warranty for an altered product using third party software won’t be in business very long. Not to mention, very few people have lost their identity because they modified their car. If you are willing to take your iPhone off the grid and use untested third party (unapproved by Apple) applications from sources that you don’t know, well good luck with that. Your P.I.I. (personally identifiable information) will make it around the world in less than 80 seconds – almost guaranteed.

    Please consider the ramifications prior to making a decision to jail break your iPhone. That neat application that you just can’t live without may open your iPhone to more than just the convience of having that application.

    Does jailbreaking void the warranty while jailbreaking software is installed or if it is ever installed? What if people restore the firmware after jailbreaking? Is the warranty still void?

    Will … what you’re talking about are obviously hardware modifications … I’m not adding a second screen to my iPhone 4 … what you’re talking about is more like changing the engine settings … and if you just change the transition times you won’t void your warranty … jailbreaking (normally) doesn’t put any risk to your hardware … it’s not gonna make the processor run with 2GHz instead of 1GHz …

    @Erin’s Dad: the fact of the matter is there are so many useful programs that can only be installed on a jailbroken phone. Did you know folder support and multitasking were available long before iOS4? yep, on jailbroken phones.

    QUOTE: Does jailbreaking void the warranty while jailbreaking software is installed or if it is ever installed? What if people restore the firmware after jailbreaking? Is the warranty still void?

    If you can restore the firmware so that Apple can’t tell that the phone has been jailbroken, then the warranty is not void.

    However, some forms of jailbreaking do not allow one to restore the firmware. In this case, you are stuck and the warranty is voided.

    I tried jailbreaking my iPhone once. “Unstable” is too easy of a term. It made the phone a mess. I wouldn’t recommend it to anyone. Especially since so many rouge application authors have admitted to putting spyware into their non-Apple approved applications. It’s just too risky.

    Until Apple posts a statement on their website, I will not believe any third-party information regarding this. I spoke to Media Relations yesterday and they told me the exact opposite, that the ruling prohibits voiding warranty if you jailbreak and/or unlock. They even are instructing tech support to have people use Google to learn how they can unlock their iPhones

    QUOTE: If you can restore the firmware so that Apple can’t tell that the phone has been jailbroken, then the warranty is not void.

    Even if you can restore the firmware so that Apple can’t tell that the phone has been jailbroken, then is the warranty is void?

    If you can restore the firmware so that Apple can’t tell that the phone has been jailbroken, but if Apple knew it was jailbroken, then is the warranty is not void?

    In Montana, Jailbreaking is the only option if you want an iPhone.

    I’m seriously disappointed that Cult of Mac chose to run that guide to stealing apps on your iPhone. You guys should literally be thrown in jail for stuff like that. It’s called “aiding and abetting the commission of a felony” in the USA and different things in other countries.

    As to the Jailbreak being “legal” (it actually is only legal under some very specific and rare circumstances but already no one cares about that and we are all just saying it’s “legal”) :rolleyes: …

    I think it’s about the margins. Other than the most *popular* reason to jailbreak (stealing apps), there are very few reasons why anyone would really need or want to. Especially now unlocked phones will be standard. Those mostly fall into just a couple of categories and centre around uses that Apple/AT&T won’t allow (basically just tethering), and “morally questionable” apps.

    All Apple has to do is allow bikini apps, erotic novels, and something equivalent to MiFi and the number of folks that will bother to jailbreak will remain almost infinitesimal and remain that way.

    This is sort of a non-issue. There will always be a group on morons, er, hipsters, that wants jailbroken phones so they can show their friends how smahhht abd uber cool they are. So what? Apple should, obviously, void their warranty, but those folks don’t care about warranties because they are, again, too smart for old school protections from “the man.” The rule should be caveat emptor — or perhaps caveat jailbreaker (or is that jailbreaker emptor?) – you want to jailbreak an iPhone, feel free, but you’re on your own – don’t bitch, whine, or complain if things go haywire, don’t blame Apple for not letting you update, don’t blame the guy who tries to steal your information via a 3rd party app store that you have little recourse to remedy — you understand the risks, so have fun and shut the hell up.

    You jailbreakers are a bunch of big talkers but as soon as your iPhone breaks for some crazy reason you’ll be crying like babies because Apple won’t do anything about it. Good luck with that.

    Jailbreaking allows users to steal paid apps that developers, especially individual ones, worked long and hard to produce for usually very cheap prices ($.99, $1.99, $2.99). Developers should be able to sue jailbreakers if they allow the installation of paid apps that were downloaded without paying for them. It’s not like you’re stealing from a big conglomerate–most are ordinary folk trying to eke out a living and jailbreaking is destroying their source of livelihood.

    So nothing has changed at all, apart from we have found out that this blogger thinks that if it is possible that something will happen, then it definitely will.

    And I’d lay money on the fact that Apple said they want to make sure their customers have a great experience, not underwrite it.

    Lets be clear here. Apples objective is not to make sure their customers have a great experience, its to ensure they use a device that is highly controlled and can be maximally monetized for the biggest profit … period. Apple has little regard for its customers desires. So quit fooling yourself about the cult of Apple. It succeeds because there are more sheeple in the world than ever before.

    “Jailbreaking allows users to steal paid apps that developers, especially individual ones, worked long and hard to produce for usually very cheap prices ($.99, $1.99, $2.99). Developers should be able to sue jailbreakers if they allow the installation of paid apps that were downloaded without paying for them.”

    Yeah, and knife manufacturing allows people to kill other people with knifes. You should be able to sue knife manufacturers if they make knifes which can be used for murder.

    It’s off-topic, but several comments have griped about the use of ‘insure’ instead of ‘ensure’. Well ensure only means ‘to make certain of’, insure is also correct – it means both ‘to provide insurance’ and ‘to make certain of’.

    http://www.merriam-webster.com/dictionary/insure

    for me jailbreaking isn’t about apps – it’s about decent phone service! ATT sucks!

    Yeah, jailbreaking for me is for the unlock. The apps in Cydia are useless to me now, I only used WinterBoard for the wallpaper otherwise not so much. The real thing behind jailbreaking is Installous and we all know it :)

    Also effort worth it? There’s barely any effort put in at all. It’s the same effort you have to take to restore your iPhone, which takes 15 minutes but you only do like 2 clicks overall. Custom firmware is easy, Spirit is easy, blackra1n is easy. This isnt 2007 you know :)

    “Yeah, and knife manufacturing allows people to kill other people with knifes. You should be able to sue knife manufacturers if they make knifes which can be used for murder.”

    Guillotines can peel apples.

    Why all the fuss here? Is there really any material difference with installing apps on a phone as installing programs on a computer? Doesn’t each and every argument against so called jailbreaking look remarkably stupid when viewed on those terms?

    >So … I own a Bugatti, with the mentality floating around why must I follow the
    > rules of the speed limit? It’s my device, why can’t I do whatever I want with it >and be OK?

    Bugatti doesn’t force use to use only Bugatti sanctioned fuel, Bugatti doesn’t tell use you can only drive on this road or that,Bugatti doesn’t disable you device if you use the wrong brand of fuel.They do say if you do such and such you warranty may be useless,you BUY the car you get to choose how you use it.As for the speeding that a different argument.
    Apple effectively doesn’t sell you a phone they let you use it,but only on their terms,you use only their apps from their store,only on networks that have their approval,in the US that means AT&T.There are rules about when and how you use a phone,no texting and driving for instance but once you buy the phone its not up to apple to control it’s use.As AT&T subsidize the cost it’s OK for the to restrict it’s use to their network,but once your contract is up and the phone is supposedly paid for you should be able to unlock to phone and go anywhere.

    In the end this really hasn’t changed anything. Okay so now it’s not illegal for you to jailbreak or unlock your devices. Great, wonderful.

    However, Apple et all are still not legally required to give you the unlock code for your iphone, nor are they prohibited from having exclusive contracts with a many or few carriers as they like.

    Apple is still legally allowed to refuse tech support on a jailbroken phone even if you restore the firmware. If they have evidence you jailbroke ever, they can say no. Because once a warranty is voided, you can’t unvoid it.

    Also it is still illegal to distribute information/tools for either activity or to do for someone else, paid or free. So Apple can still demand that sites be shut down, can still sue etc.

    All this law has done is make it so that Apple can’t sue you for what you did on your own device. Not that they ever have or likely would. Telling you that you are SOL and making you buy a brand new phone at full price was seen as punishment enough (and they save on court and lawyer costs)

    ‘Ensure,’ dudes… not ‘Insure…’

    Semantics: Merriam-Webster’s Dictionary also defines the word “ain’t,” so I wouldn’t accept their short definition as gospel.

    Insure replaced assure in British English during the 15th Century to differentiate between assurance and insurance. Insure, ensure, and assure are different in Brit-style English.

    In American English, insure is commonly used as another word for ensure especially when it could be swapped with “secure.” Loose American usage is why Merriam-Webster’s Dictionary treats it as an alternate.

    So, to end this discussion, Americans use words for all kinna things y’all. Ain’t no such thing as “proper American English,” Apple is totally fine here.

    You will never have to pay for a new phone. First off the Apple LIMITED warranty is only good for one year. You can pay to extend it but that is costing you money. I knew dozens of people who have jailbroken their iPhones and have returned then. How is this possible??? Because all you have to do is RESTORE the phone. Which is an option in iTunes once it is restored to the factory setting their is absolutely no evidence the phone was ever jailbroken. Which is why Apple says you MAY void your warranty. That only happens if you don’t restore it and try to send it back jailbroken.

    @Erin’s Dad:

    Yes. you get A LOT of new features like google maps cache, “Pendrive mode” new sms app, internet tethering over WIFI, wifi sync

    All this stuff is really easy to use.

    Check this out!:
    sms app:
    http://www.bitesms.com/

    WIFI Internet tethering:
    http://rockyourphone.com/index.php/mywi.html

    WIFI sync
    http://www.getwifisync.com/

    Boys and girls, please read the TI white paper about the security features built into the Droid X. Verizon required Moto to make the phone un-hackable. Anti-hacking provisions are there for the CARRIER to control its user base.

    Apple won unprecedented freedom from AT&T but still labors under heavy restrictions. Verizon is putting similar restrictions on their phones, including the Androids. There’s been very little or no hacking of a BlackBerry or Win phone, but you can bet that these same types of restrictions will show up in them, too.

    The press is calling this out as a blow to Apple, but I think that’s only true if the carriers now tell Apple, “OK, we’ll carry your phone, but only if you lock it down in hardware the way we required Moto to. Your previous DMCA protection is no longer good enough.” Apple, which sells more phones if people can use them the way they want, loses the tighter the phone gets locked down.

    Almost certainly because Apple’s contract with AT&T calls for enforcing AT&T security policies, Apple makes a good faith effort to remind people not to do it. Last thing they want is AT&T to sue them for breach of contract. (And you gotta KNOW that with all the crap you heard when the iPhone came out about DoS, BotNets running on the AT&T net, etc, AT&T was concerned enough to put in a few dozen pages about how Apple would protect their policies.)

    Apple apparently wants to be squeaky clean on the contract: that would ALSO explain why Apple spokespeople only say good things about AT&T in public, why they created tethering for the phone but made sure you could only use it under an approved data plan, etc.

    Obviously, all the contract details are secret. But AT&T did not get to be a $150 billion company, nor Apple a $240 billion company, by making half-assed deals. This has nothing to do with Jobs being a control freak. (He may be one, but apparently about Apple products, not AT&T’s profits.) It also has very little to do with Android being “open.” Android was able to win better deals from the carriers because otherwise Apple would’ve dictated the terms of agreements to the carriers. And their entire history is about controlling what the user can do.

    Jailbreaking ‘severely degrades the experience’? Who are these monkeys kidding?

    My iPhone has been jailbroken for a year now. It’s great. Skype works over 3G instead of being brain damaged because of AT&T bandwidth restrictions. Real multi-tasking. Cool apps to redo the springboard.

    What degrades the experience is Apple’s continuing efforts to undo my jailbreak. It’s my phone. I paid for it. I own it. What I do with it is my business, not Apple’s, and they deserve a large class action law suit for restraint of free trade.

    I would have never bought the device without JailBreaking it,
    most of the Apple Customers have JB their Devices
    and makes it more fun; if they lock it out

    I will move to Android

    The smoke and mirrors here are laughable. So nothing has changed. Apple never prosecuted anyone on this issue. Move along. Nothing to see here.

    You people need to stop whining and move on with this JB crap. You pathetic losers go around calling these talented developers “underground hackers.” I bet if you had half their intelligence, you would develop an application like Cydia and RockApp too. Stop bitching you losers. Get your head out of your asses and open your eyes. Stop worrying so much about “breaking the rules.” No one gives a damn about what Apple or anyone else have to say about JBing their device. I paid good money for this phone and i will do whatever the fuck I choose to. So shut the fuck up.

    thanks! :)

    Void your warranty? My crummy, limited one year warranty on my two year old phone?! Haaa!

    One statement which apple made which I cant quite remember and fell free to correct me, was that apple products create a life without barriers, where more is possible, and how apple products are the shinning light in development, and undeniably they have some of the best products of their class, which I think a lot of people will agree with but what use is making these amazing things and them limiting their capability’s!!!!!????!?!??!?!?!?!?!?!

    simple

    TO MAKE MONEY!!!!!!!!!!!!

    If apple unrestricted the iphone as it stands and made it open source they would see a huge decrease in the new iPhones they release beacuse this one would do so much more than the new one! its like making a car out of titanium if they did cars would last longer and therefore the manufacturer would sell less over the long run.

    Finally im sorry to say it people APPLE WILL and i stress “WILL” have “jailbroken” iPhones and developers reversing some of the technology/software that these Underground Genius’s implemented into some of these devices, To my knowledge Steve Jobs Announced that the iPhone 2g will not be capable and it will never be capable of multitasking

    this was proved wrong before apple even started implementing multitasking into any models

    Now the way i see it is that these “underground Hackers”

    Should be working for Apple getting paid alot of money!!!!

    does apple company get to knows that we have jailbreaked our ipod touch or iphone when we give them for replacement?

    My phone is jailbroken I’ve had no problems with it’s performance…
    In my opinion people that completely mess up an iPhone through jailbreaking have no clue how to handle/operate a jailbroken phone.
    I can’t imagine my iPhone not jailbroken i was sick and tired of being nickeled and dime for useless apps and boring tools from AppStore..
    Possibilities are endless with cydia…thanks to all dev teams and source for
    fighting the good fight..

    what about for ipod touches is it legal for that , can i get installous on that legally?

    in·sure
       /ɪnˈʃʊər, -ˈʃɜr/ Show Spelled [in-shoor, -shur] Show IPA verb,-sured, -sur·ing.
    –verb (used with object)
    1.
    to guarantee against loss or harm.
    2.
    to secure indemnity to or on, in case of loss, damage, or death.
    3.
    to issue or procure an insurance policy on or for.
    4.
    ensure (defs. 1–3).

    the correct word is insure dumba$$es

    Jail Break has been through the court system in Germany and found to be legal.
    Apple needs to become more customer friendly.

    If you JB the new Iphone 4 and have an issues with the Hardware within your year warranty would Apple be able to tell that it was JB ? Like do they plug it in to a computer that checks that kind of stuff ?

    i jailbroke my iphone 3gs for the sole reason i wanted to use my own sms tone! nothing else i dont care about apps etc i have all the ones i want from apples own app store. all i wanted was to use my own sms tone but apple dont think people want that….. i love apple products i just detest the people who make the decisions for you, fuck off and let people have a message tone if they want one!

    Apple should not have even put the restriction on the phone at the very begining. When you buy a HP laptop running Microsoft, you don’t need HP or Microsoft tell yout how you can use the laptop and what apps you can put on it. The only reason for Apple wants to do it is to control the market and to avoid any comptition so that it can rip off all the apple babys more money. It is a pity that many apples funs does not realize that they are treated abd by their apple daddy. I support the class action again apple. One should put anything he like on the iphone without jail break it.

Add your comment

Name(Required)

Mail (required, but not published)

Website

Comment