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Question about legality of rooting.

fearofth3dark

fearofth3dark

Well-Known Member
I am currently working on a paper for school about rooting android phones. Now, I know that rooting was deemed legal over the summer, but I have read in a few places now that you could still be sued for violating the terms and conditions you agreed to when you got the phone. If this is the case doesn't that still make it illegal? Or am I not completely understanding the idea? I know this is a complicated topic but can anyone try to explain it to me a little? Thanks for any help anyone can give me.
 
You're misunderstanding. Rooting is no longer illegal. As the end user of the device you can do whatever you want with it. Now what rooting "does" do is void the manufacturers warranty. Those would be the terms and conditions you are probably referring. Most manufacturers state in their T/C that if the software/hardware/firmware is tampered/adjusted/removed/replaced/etc. that in the event a problem arises with the device it will not be replaced/fixed.
read below for more info

http://news.yahoo.com/s/ytech_wguy/ytech_wguy_tc3236
 
I understood that I think, it was the second part that is confusing me. I read in a few places, about the iphone at least, that jailbreaking is legal but apple might still be able to bring you to court for violating the terms. It definitely voids your warranty but I can't seem to find a solid answer on whether or not you can be sued? I've just seen it written in many places. Also, even if you can be sued on the iphone I haven't seen anything about whether or not it is the same for android phones.
 
Could you source something saying that apple can take you to court. Everything I have found that says that is older than the ruling saying it was legal.
 
Rooting Android devices has always been perfectly legal as far as I know. It's also perfectly legal for it to void your warranty.
 
fearofth3dark said:
It definitely voids your warranty but I can't seem to find a solid answer on whether or not you can be sued? I've just seen it written in many places. Also, even if you can be sued on the iphone I haven't seen anything about whether or not it is the same for android phones.
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You cant be sued because you are the end user. Once you buy it it's yours to do with whatever you want(to the device itself) penalty free. Thats like Honda suing every Civic tuner for modding their engine and adding after market performance parts.

The same ruling was passed on all phone softwares: iOS, android, WinMo, Symbian(r.i.p.), etc.
 
As far as I know, before the ruling, only Apple ever tried to claim modifications to the OS were "illegal", and even they never actually took anyone to court. Warranty support is an entirely different matter though; they're under no obligation to include jailbroken devices in the warranty.
 
Sorry, I don't mean to argue, I'm just confused and want to clarify everything. I fully understand that the warranty would be voided and that makes total sense. But the way I'm reading this it implies there is more too it than just a voided warranty?

Why do you say the practical impact of the Copyright Office's decision is limited?
Until this week, Apple has possessed the legal equivalent of a double-barreled shotgun, which would have permitted the company to file lawsuits accusing users (or jailbreak software creators) of violating both the DMCA and breaching the contract in the form of the Apple iPhone Software License Agreement.
Now, thanks to the Copyright Office, Apple's legal arsenal has been reduced to a single-barreled shotgun, the license agreement.
But these amount to legal claims that the company could in theory pursue. In reality, Apple has never sued a single person for jailbreaking or distributing jailbreaking software. It's never even threatened to do so, even after years have elapsed.
Translated: If Apple isn't going to sue the hundreds of thousands of customers merrily jailbreaking their iPhones, or the active developer community abetting their theoretically illicit activities, it doesn't matter what the caliber of their legal weaponry is.
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wayrad said:
As far as I know, before the ruling, only Apple ever tried to claim modifications to the OS were "illegal", and even they never actually took anyone to court. Warranty support is an entirely different matter though; they're under no obligation to include jailbroken devices in the warranty.
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Correct. Tampering with software voids the warranty. jailbreaking, rooting, flashing, tweaking(varies) falls under tampering. You can call any manufacturer to confirm.
 
fearofth3dark said:
Sorry, I don't mean to argue you I'm just confused and want to like clarify everything. I don't know how right this is, and I realize it is highly improbable as the article says. But if it's even possible wouldn't that mean it is illegal?
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No, IANAL but this is civil law, not criminal, which means it depends largely on precedents established by actual court rulings, which in turn depend on how a judge interprets a mass of frequently ambiguous or conflicting laws. The fact that Apple never sued anyone suggests that they were not sure they could win.
 
From the article you linked it looks like apple may be able to go after the end user for breach of contract, which would not result in a fine or jail time. Basically Apple is let out of the contact since the user broke the terms. Apple's end of the contract would be software updates, warranty support ect... Thanks to the DCMA and copywrite ruling last year Apple would not be entitled to sue for money due to this breach. So if someone jailbroke their iPhone, then took Apple to court for not upholding the warranty on the phone Apple would have a leg to stand on.
 
i think you are mixing "legal" with "right to" and "rumors".

it is never illegal! the law dont care what you do to your toys! as long as you dont harm others with it.

it will void your contract with the maker/carrier... then they do not have to honor their obligations to you/device... i.e. no warranty or support.

they can sue you.. if you root your device and use some software to take things that you should pay for... wifi tether to get free data on your other devices... or apps to download songs for free... or movies.. or etc...

do you see???
 
also in usa...

you can sue any one for anything!!! i can sue you for having a bad hair cut. yes..I can! but does it mean shiit? nope.

a lawyer will wright up the suit.. charge you for it...
court will dismiss it... and charge the layer for the paperwork and you will pay for that too.

apple can sue anyone for anything... does it mean it will mean anything>>> nope!

real question.. do they have a leg to stand on with the suit? NOPE!
 
dan330 said:
also in usa...

you can sue any one for anything!!! i can sue you for having a bad hair cut. yes..I can! but does it mean shiit? nope.

a lawyer will wright up the suit.. charge you for it...
court will dismiss it... and charge the layer for the paperwork and you will pay for that too.

apple can sue anyone for anything... does it mean it will mean anything>>> nope!

real question.. do they have a leg to stand on with the suit? NOPE!
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I don't like the way you put that. I'll see you in court :D
 
i counter sue you for your avatar.. it looks like someone i know.. you stole his potential avatar!!!!
 
If Apple makes you agree to a software license that violates an actual law, that part of the license is deemed void and inadmissible in court or atleast Canadian courts. For example the new law says its legal for the end user to do what ever they want to their purchased device then they CANNOT be liable in court for what they do to their phone regardless of what agreement you have with Apple.

Now if you were to create a program that hacks phones to get you free calls or something, that would be illegal I believe. That is different than modifying or rooting your phone.
 
dan330 said:
i counter sue you for your avatar.. it looks like someone i know.. you stole his potential avatar!!!!
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Then I will counter sue your counter suit for your lack of avatar, you could be anyone I know or anyone I don't...

This may just go in circles.
 
iPhail said:
If Apple makes you agree to a software license that violates an actual law, that part of the license is deemed void and inadmissible in court or atleast Canadian courts. For example the new law says its legal for the end user to do what ever they want to their purchased device then they CANNOT be liable in court for what they do to their phone regardless of what agreement you have with Apple.

Now if you were to create a program that hacks phones to get you free calls or something, that would be illegal I believe. That is different than modifying or rooting your phone.
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The OP was discussing the US DMCA ruling. I doubt it is effective in any jurisdiction than the within the USA. Has there been any ruling in Canada that would equate to the DMCA? I know the EU has something simmilar. I am sure there is some market that Apple may be able to sue the end user for jailbreaking, just not sure where it would be.
 
iPhail said:
If Apple makes you agree to a software license that violates an actual law, that part of the license is deemed void and inadmissible in court or atleast Canadian courts. For example the new law says its legal for the end user to do what ever they want to their purchased device then they CANNOT be liable in court for what they do to their phone regardless of what agreement you have with Apple.

Now if you were to create a program that hacks phones to get you free calls or something, that would be illegal I believe. That is different than modifying or rooting your phone.
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Same is true in the UK. Do whatever the hell you like with your own stuff, as long as you're not damaging someone else (be it physically, or stealing intellectual property etc)
 
iPhail said:
im sueing both of you for NOT SHUTTING UP :D
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You're Sueing Both?
Glad to meet you.
I'm Sue Yew!
grouchomarx6.jpg

Who are you going to believe, me or your own eyes?
 
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