Is jailbreaking legal?

[BriceH]

Would it be legal for me to jailbreak my iPod Touch 2G?

[ElDiabloConCaca]

For an iPod touch? It's probably legal.

Nobody knows for sure at this time, though. Even less so with the iPhone.

Some people say yes, some people say no. Apple says no, at least for the iPhone. As of right this minute, there is nothing stopping you nor will you raise any eyebrows if you do, indeed, jailbreak your iPod touch. The legality of it hasn't been determined yet. Meaning it's pretty much ok to do until a definitive legal status is established. Does that mean "legal?" I dunno. Maybe.

Perhaps there's a specific difference between the iPod touch and the iPhone that would allow for jailbreakage of one, but not the other -- due to the way the FCC handles wireless/cellular networks vs. how they handle wired networks.

[BriceH]

Supposedly, the firmware file is supposed to be in ~/Library/iTunes/iPhone Software Updates. I looked, and the only folder in "iTunes" is "iTunes Plug-ins". Where is the 3.0 firmware file? I bought it from iTunes, and installed it on my iPod. Where are the firmware files?

One thing to note is that I set up my iPod as an Xcode development platform.

[cwanja]

I do not believe that iPod Touch software updates go into the iPhone Software updates folder. Is there another folder listed iPod Software Updates? That might be a stupid question on my part considering you said there is only two folders.

[BriceH]

I do not believe that iPod Touch software updates go into the iPhone Software updates folder. Is there another folder listed iPod Software Updates? That might be a stupid question on my part considering you said there is only two folders.
There is no "iPod Software Updates" folder, either. The only folder there is "iTunes Plug-ins".

[cwanja]

Here is a second generation iPod Touch 3.0 restore file. Use it as well as jailbreaking at your own risk.

http://pfd.apple.com/ProtectedAsset/iPodTouch/061-6581.20090527.PiKu7/iPod2,1_3.0_7A341_Restore.ipsw?downloadKey=1245345757_e359c513da44b53b53f7aa2174319b84

[BriceH]

Here is a second generation iPod Touch 3.0 restore file. Use it as well as jailbreaking at your own risk.

http://pfd.apple.com/ProtectedAsset/iPodTouch/061-6581.20090527.PiKu7/iPod2,1_3.0_7A341_Restore.ipsw?downloadKey=1245345757_e359c513da44b53b53f7aa2174319b84
That link gives an error message.

[cwanja]

My sincere apologies for that, this one indeed works - I am downloading from it now - http://download2us.softpedia.com/dl/3e7969b3c335e85f67ec5f2651e994e6/4a783feb/400038026/mac/iPhone/Tools-Utilities/iPod2,1_3.0_7A341_Restore.ipsw.

Make sure if you are on a Mac, download via FireFox.

[BriceH]

Thanks! Will it be a problem that I set up my iPod as a development device with Xcode?

[cwanja]

I am not certain of that; so to prevent misguiding I am not going to say one way or another. Please attempt it and report back though! Good think about jailbreaking is you can easily restore back to the original factory files.

[Scoops98]

http://www.modmyi.com/forums/ has great threads on everything jailbreaking.

Apple's bit on jailbreaking (it's hilarious): http://support.apple.com/kb/HT3743

[legalrights]

I do not believe that iPod Touch software updates go into the iPhone Software updates folder. Is there another folder listed iPod Software Updates? That might be a stupid question on my part considering you said there is only two folders.
apostille info (http://www.apostille-info.com)

[ElDiabloConCaca]

Why wouldn't they? The iPod touch runs the same "iPhone OS" that the iPhone does.

[CharlieJ]

Yes and No.

The act of Jailbreaking is legal.

Although, some copyright laws may be broken in the process - Making is illegal.

[ElDiabloConCaca]

The act of Jailbreaking is legal.
The act of jailbreaking is neither legal nor illegal at this point, as there has not been a trial case to prove or disprove the legality of it. Jailbreaking in and of itself, and the fact that wireless/mobile carriers (and, hence, the FCC) are involved makes this an extremely complicated and delicate issue which can only be decided in a court.

The problem lies in the DMCA; specifically, about circumventing protection measures implemented to protect certain portions of the phone. Jailbreaking is interpreted by some to be in violation of this; others interpret it differently -- hence, the only way to determine legality of it is by trial, and none have happened yet.

[CharlieJ]

So, if something's illegal, then it's legal right?

[ElDiabloConCaca]

Precisely.

[CharlieJ]

;)