[quote]To jailbreak a phone is the right of an individual purchaser
Sorry it's NO You broke a agreement between seller and buyer , thats it end and simple
Just because it's in writing doesn't make it right, or legally binding, even if you agree to it at the time of initial purchase from AT&T, or Apple. You can also buy a working iPhone second-hand, and have no direct agreement with either corporation. There are plenty of laws that are actually good for the people, that protect the consumer from unfair or unjust corporate practices. Jail-breaking is neither criminal, nor an offense. It merely invalidates an agreement to behave in a certain manner on the part of the purchaser in exchange for an expectation of a certain level of technical support on the part of the vendor. Acting outside of that agreement by the purchaser relieves the vendor of his obligation. The Vendor is liable to certain consequences in the event that he fails to honor his agreement to provide certain services. He agrees to be bound by the agreement in exchange for expected profits in the sale of the device.
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The Bill of Rights doesn't grant us our rights, it merely enumerates them.
#434760 - 07/07/0902:33 PMRe: Who is right
[Re: carp]
six_of_one
Pool Bar
Registered: 04/19/02
Posts: 3885
Loc: Alexandria, VA
Quote:
Sorry it's NO You broke a agreement between seller and buyer , thats it end and simple
I think the agreement is that you void your warranty (or something) if you jailbreak it, and therefore Apple is not liable for the consequences ... I don't think there's actual language forbidding the purchaser from doing whatever they want with the phone after purchase -- it's their property after all ...
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To say the buyer has a "right" to do so is ludicrous
Why is it ludicrous? Anybody has the right to do anything they want with their own property (as long as it doesn't violate the law, and jailbreaking isn't illegal) ...
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STill who can tell if they jail broke and restored to file for warranty reasons ??
I remember one iPhone update that totally bricked jailbroken units -- not sure if they were able to restore to factory settings if they couldn't even operate the device ... but I could be a-membering wrong ;-)
"STill who can tell if they jail broke and restored to file for warranty reasons ??"
So what?
If a case involving faulty displays, for example, came before me, and Apple claimed hardship owing to a class of customer software abuses, I would want proof (burden: Apple) that a software manipulation cause a hardware failure. In the event that a purchaser had purchased a phone, jail-broke it, subsequently suffered a display failure, and was yet able to restore the entire software package to it's original state, even if only "for warranty reasons," i would, in the absence of the manufacturer's proof of the software manipulation causing the failure, find on behalf of the consumer.
_________________________
The Bill of Rights doesn't grant us our rights, it merely enumerates them.