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There is a difference between "jailbreaking" and "unlocking" your iPhone.
The terms have been used interchangeably, even in the Press. This is incorrect. Jailbreaking and unlocking are quite different things.
The difference between jailbreaking and unlocking
- Jailbreaking your phone lets you install applications that you don't get through the Apple App Store. This would include applications that Apple hasn't approved yet, or has rejected for competitive reasons, or has rejected out of agreement with carriers (e.g., an app to allow you to use your iPhone as a 3G modem for your computer).
- Unlocking your iPhone allows American owners to use the phone on GSM networks other than AT&T (e.g., T-Mobile, Sprint).
The legality of jailbreaking and unlocking
Are either of these activities legal? Originally, Apple wanted you to think not. They made sure everyone was aware that both were violations of the service agreement and "might be" illegal. The US judicial system rightly concluded that a service agreement does not carry the same weight as a business contract, and that consumers who own a tool are allowed to use that tool in any legal manner they see fit to.
Apple's response was a nonchalant, "Yeah. We figured that. But it's still a violation of the service agreement."
In other words, if Apple finds out you did either activity, your warranty is voided and you won't be able to make claims on your phone for repair or replacement.
How would Apple find out? Well, they probably won't. It serves no business purpose whatsoever for them to monitor data in order to cancel service agreements. And, in theory, if you jailbreak your phone, you can "unjailbreak" it in a way that leaves no traces. Presumably, since unlocking is accomplished through a third party application on a jailbroken phone, you can un-unlock it, too.
In theory.
Given those caveats, although you may forfeit your warranty, you are breaking no laws if you jailbreak or unlock your iPhone.
Logging you in...
gailbhyatt 25p · 762 weeks ago
Jeffrey Holton 67p · 762 weeks ago
But yes, you can check out this July, 2010, article from ABC News.
Of specific interest are a couple paragraphs on page 2: "Regulators agreed...that "the activity of an iPhone owner who modifies his or her iPhone's firmware/operating system in order to make it interoperable with an application that Apple has not approved, but that the iPhone owner wishes to run on the iPhone, fits comfortably within the four corners of fair use."
...Apple won't change its policy that voids iPhone warranties if a phone has been jailbroken. "It can violate the warranty and cause the iPhone to become unstable and not work reliably," [said Apple spokeswoman Natalie Kerris].
The bottom line is that Apple policy and behavior won't change at all, but consumers have legally-protected choices. Apple always said they could sue users who violated the operating system, but they never did. Now they have no legal recourse to do so (although they could annoy a bunch of consumers with legal fees if they tried, but that doesn't seem a wise business practice).
I also don't know if I need to add this disclaimer, but what the heck, why not: I am not an advocate of jailbreaking. I haven't tried it. I've heard from others that it's about as hard as getting out of bed in the morning, and it's pretty easy to revert it back to its original state, too. But I've had no driving urge to install unlicensed applications on my phone. I want it to keep working as well as it does as a phone, and to run the few free, legitimate apps that I have. It's an "old" 3G phone (yeah, even older than the 3Gs) and it's already showing some signs of instability since the upgrade to iOS 4. I wouldn't want to add the burden of an application that's not optimized by Apple for memory and processor use on top of that. The poor thing's gonna fall apart one of these days.
On the other hand, when it is time to retire it, maybe it would be interesting to jailbreak it for its last gasp. Kinda like how I put Linux on my second-generation "click wheel" iPod. You know what I do with that iPod now? I...haven't the slightest clue, really. But it's pretty cool to see a penguin when it boots up.
"...your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should." --Dr. Ian Malcolm, "Jurassic Park"
Donald String · 762 weeks ago
Jeffrey Holton 67p · 762 weeks ago
Donald String · 762 weeks ago
Tony J. Alicea 71p · 750 weeks ago
With everything they (finally) added to the 4G, I haven't felt the need to go back to a jailbreak.
Tony J. Alicea 71p · 750 weeks ago
Ultimate Multi Tool · 436 weeks ago