Is Jailbreaking Legal?
You may have read many different places that jailbreaking your iPod or iPhone is illegal. You may have seen this on message boards, websites, on a blog, or even from your friends. The bottom line is that this information is incorrect. The iPod/iPhone jailbreak, such as the one released by ZiPhone, is designed to use features of the Apple iPod or iPhone’s operating system to enact changes that allow you to install new software on the device.
The jailbreak does not represent intellectual property theft from Apple, as it relies completely on custom coding from its developers. It is not redistributing any Apple code or intellectual property, and is therefore not intellectual property theft.
There was a time when an individual released a jailbreak that was not legal, because it contained Apple proprietary information, the redistribution of which is specifically forbidden. This was NateTrue, a member of Dev-Team who released an unofficial jailbreak. This happened in January 2008, and NateTrue was subsequently removed from Dev-Team. What NateTrue did was indeed illegal: it constituted a violation of the license agreement with Apple and copyright infringement. The jailbreak available now for 1.1.4 does not contain any Apple code or other intellectual property. The developers that create the jailbreaks for the iPhone and iPod touch are experienced, respected developers who are in the public eye. They make every effort possible to ensure they act in accordance with the law and release safe, legal, and reliable software for your use.
Below, I have included links to Apple’s software license agreements for both the iPod Touch and the iPhone. You will notice in these license agreements that there is nothing forbiding the installation of additional software onto the device. Think about jailbreaking in these terms: The iPod or iPhone is essentially a computer. If you can install any software you want on your computer, what would preclude you from being able to install software on your iPod or iPhone? Just because Apple did not specifically include the ability to install new software does not mean that installing it is breaking a license agreement or the law.
The bottom line is that it is not illegal to jailbreak your iPod or iPhone, so, jailbreak away. Follow the links below to find instructions.
What about the programs I install with Installer.app?
Most of the software released for the iPod is from various developers in the open source community, meaning the software and its source code is free to download, use, modify, and redistribute, as long as it is done in accordance with the license agreement. For more information about open source software, consult some of the links below. To ensure that you remain compliant, make sure to consult the individual license agreements for each of the programs you download and install on your iPod or iPhone.
If I have an old iPod Touch, can I download the new Apps for free?
There have been multiple individuals who have provided the iPod touch applications for free, even one that allows you to install them through Installer.app. This is not legal, as it represents a redistribution of Apple’s intellectually property, and is specifically disallowed in the license agreement. If you are interested in the applications for the iPod Touch, they can be downloaded from Apple. Apple seems persistent in requiring iPod Touch users to purchase new software while iPhone users get it for free. This appears to also be the case for the new 2.0 firmware.
Links
Apple iPhone and iPod license agreements