Category: Technology

Apple: iPhone jailbreaking violates our copyright | Apple – CNET News

CNet gives a quick overview of Apple’s argument that jailbreaking an iPhone is violates their copyright.  The EFF rightly points out that jailbreaking is pretty consistent with “tinkering” cultures.

The EFF’s argument is that jailbreaking your iPhone is protected under fair-use doctrines, and that the Copyright Office should grant an exemption because “the culture of tinkering or hacking, if you prefer is an important part of our innovation economy.” But Apple’s response is that few users of jailbroken iPhones actually jailbroke it themselves; instead, they downloaded software created by other parties to make that happen.

The problem with Apple’s argument is that few tinkerers in other areas build their own modifications.  Instead, many different pieces come together to make something new and personal (think about the custom car with the oversized exhaust pipe and fins). In this light, jailbreaking is opening the iPhone up to just this kind of tinkering, which is the kind of open access many expect.

Larry Lessig writes preview of his new book in a Wall Street Journal column this weekend. Lessig makes some bold and compelling statements for one who is working less in the realm of copyright. Many of his arguments are actually near to the work I am doing on my dissertation–it’s nice to be in good company 🙂

A few points are worth further comment:

“We could craft copyright law to encourage a wide range of both professional and amateur creativity, without threatening Prince’s profits.” …I like this argument for a balance in the law where professional creative-types are still able to profit, while still loosening control for equally valuable amateur copying.

“Peer-to-peer file sharing is the enemy in the “copyright wars.” Kids “stealing” stuff with a computer is the target. The war is not about new forms of creativity, not about artists making new art.” …another great distinction between replacement copying (which carries an economic harm) and profitless but creative amateur creativity.

“Our kids live in an age of prohibition, where more and more of what seems to them to be ordinary behavior is against the law. They recognize it as against the law. They see themselves as “criminals. … That recognition is corrosive. It is corrupting of the very idea of the rule of law” …it’s not in the article, but gobs of theory and research can back up Lessig’s claim here.

I’m not sure if Lessig was responsible, but the sidebar with mash-y creations is also a good compilation for the unititiated.  His policy recomendations are not bad as well.  I’m looking forward to the book.