
I was following the (non-) developments in the case of
Apple vs the EFF on the issue of the legality of
jailbreaking the iPhone.
I've often found that analogies with cars, transport, roads and other transport infrastructure are a good way of helping to understand issues of computers, software and information technology.
In the case of
Jailbreaking the analogy is pretty much the same as if you buy a new car and then decide that you are not 100% happy with it. So, you go out and find things that you think improve your car, make it prettier, or uglier, faster, or slower, safer, or less safe. You can do as little as hang a scented plastic pine tree from the rear view mirror or as major as a pimping job that leaves the original car unrecognizable and only fit for the drag track.
But the bottom line is that
you bought a car from a car manufacturer and that manufacturer can have no control or legal rights about what you do to that car as soon as you've paid and driven off the dealership (unless you sign a purchase contract that specifically denies this right aka Rolls Royce and the Beatles).
And, because you can do that it means that a hell of a lot of people also have jobs in industries related to cars; designing, manufacturing, distributing and selling all the myriad of additions and 'improvements' that you can make to your car. You don't have to go back to the original car dealership to buy them (and letting them take a % of the business). It's totally an issue of what you, as the consumer, want to do with your money.
And as to the use of the car after your additions and improvement, well there are a load of laws and regulations about cars and what you can or can't do to them if you want to drive on the roads of any country. These laws are not manufacturer specific, they are specific to the type of vehicle and take into account the typical use of that vehicle. So we have different laws for motorcycles, cars, buses and trucks. So you generally would avoid doing anything to your car that would make it overtly dangerous, illegal and un-roadworthy. But the lawmakers have decided, based on rather sound evidence, experience and insight, on what you can or can't do so that you won't be a danger or nuisance to anyone else on the road or off of it.
Now let's translate this into the realm of
jailbreaking. It's quite easy. It's obvious that making
jailbreaking illegal is nonsense and totally against the rights of consumers to use their preferences and money as they want. But I wonder whether the work has been done yet on the legal side to legislate what really would be a 'dangerous' or 'antisocial' piece of independent software for an iPhone or other Smart phone, like anything you might find out there in the non-Apple Store repositories. In my opinion such threatening apps are going to be similar to those in the PC sphere, viruses, worms and any app that is enabled to disrupt the mobile networks and their users. I'd say that is pretty easy stuff to legislate about and most of the work is done already and it only needs mobile smart phones to be seen as computing devices like a PC (which is, after all, what they are).
Although I am great fan of Apple, and consider it to be one of the best digital Design companies in the world I'm afraid I cannot accept the way that they have attempted to limit the possibilities of honest consumers to, basically, buy their great technology and then do anything they want to with it. I hope the courts are of the same opinion and really hope that everyone can support Electronic Frontier Foundation (EFF) in their efforts.