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Is jailbreaking an iPad illegal under DMCA?

I know someone auctioning off instructions to jailbreak an iPad on Listia, but Listia will NOT take down their 100 auctions! This guy is profiting on something that I understand to be ILLEGAL! Here is a link for reference: http://www.listia.com/auction/14426602-new-free-ipad-3rd-generation-only

iPad

Posted on Jan 15, 2014 12:07 PM

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11 replies

Jan 15, 2014 12:48 PM in response to mike0029

I don't know if it's legal to auction off instruction jailbreak an iPad. But there are other issues:


1. Jailbreak your device, and lose your warranty.

2. Someone who uses the jailbroken device can no longer recieve software updates, since the orignal system as been replaced.

3. It's possible that other apps will no longer work with the jailbroken device.

4. Signifcant performance slowdowns have been noted on some jailbroken devices.

5. Why would someone auction instructions for jailbreaking if the information is available, free, elsewhere?

6. Bugs, malware, and viruses can infect jailbroken device more easily.


And...

7. Posting information on jailbreaking, with links, can be construed as an advertisement for the software.

Jan 15, 2014 12:46 PM in response to Johnathan Burger

http://www.tabletpcreview.com/default.asp?newsID=3814&news=Jailbreaking+Apple+iP ad+Rooting+Android+Tablet+Illegal+DMCA


http://www.theinquirer.net/inquirer/news/2220251/us-rules-jailbreaking-tablets-i s-illegal


Those 2 links say that it is LEGAL to jailbreak PHONES but ILLEGAL to jailbreak TABLETS under the DMCA... The auction link I posted above, the person is auctioning off iPad jailbreaking instructions, which the iPad is a TABLET and not a PHONE... "Just google jailbreaking tablets illegal"

Jan 15, 2014 12:51 PM in response to poikkeus1

The reason I started this thread is to get Apple's attention, I have no intention of jailbreaking, I just want this guys auctions removed from this website, because most of the people who bid on them think they are getting an iPad (and because when I am looking for things to bid on his auctions always show up), and this guy has flooded the site with them (he has over 100 of the same auction listed), so he is making a profit on sharing this information, and it seems the only way to contact Apple (other than providing a serial number for a device) is on these forums, when I flag these auctions on the site the moderators do not take them down.

Jan 15, 2014 1:27 PM in response to bobseufert

Like I said to the others, I'm not looking to jailbreak myself, I just want this guys auctions to stop flooding the marketplace on Listia, and yes I have contacted Listia about it and they did nothing, so I just now submitted yet another support ticket with them.


"This exemption is a modification of the proponents’ proposal. It permits the

circumvention of computer programs on mobile phones to enable interoperability of non-vendorapproved

software applications (often referred to as “jailbreaking”), but does not apply to tablets

– as had been requested by proponents – because the record did not support it."


That quote is taken directly from the update to the DMCA, and it says phones can be jailbroken, but tablets cannot : )

Is jailbreaking an iPad illegal under DMCA?

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