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Is Jailbreaking Legal?: A Study Of IPhone 6 & 6S

Apple revealed the new iPhone 6s and iPhone 6s Plus this morning along with iPad Pro and Apple TV. New exciting features were introduced including 3D Touch, 12-megapixel rear camera, rose gold finish and an ‘Emergency Selfie’ feature. Way to go Apple!!

However did Apple do anything to address the long lasting issue of jailbreaking?

Does iPhone 6s and 6s Plus allow you to customise interface?

Does iPhone 6s and 6s Plus allow the use of Cydia?

Does iPhone 6s and 6s Plus allow 5-icons dock?

Is jailbreaking iPhone 6s or 6s Plus illegal?

In one word, No. It is highly doubtful that Apple will take any deliberate action against jailbroken iPhone 6s and 6s Plus phones. Apple Warranty does state that ‘any unauthorized modification (aka jailbreaking) of the iOS is a violation of the iPhone end-user license agreement and because of this, Apple may deny service for an iPhone, iPad, or iPod touch that has installed any unauthorized software.” So if you walk into an Apple Store with a jailbroken iPhone in the hope of getting some help with it, you’ll be turned away.

There have not been many cases in Australia which address this issue. We seem to have accepted the view that it is not advised for one to jailbreak any device however if you have used or continue use this method, it’s unlikley charges will be applied. In the past, some hackers and modders, insist that jailbreaking is a right and does it as something of a political statement. For eg. imagine buying a car and not being able to change tyres to your choice of company.

So should you jailbreak your new iPhone 6s or 6s Plus?

With the release of iOS 8 last year, Apple has added a few tweaks that used to be jailbreak only. You can finally quick reply to text messages and extensions should make Safari a lot more useful. Apple has followed its long tradition of largely turning a blind eye to jailbreaking and the added ruling that jailbreaking and unlocking are legal. The best they can do at this point is tell users that jailbreaking defies their terms of use and voids the warranty. While you might not risk being arrested just for jailbreaking, don’t expect any help from the Apple Store genius when your hacked iPhone has a problem.

The choice is in your hands: more theme options or violating the warranty

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about writing a character reference, customising legal documents, obtaining a fixed-fee quote from one our network of 600+ expert lawyers or to get answers to your legal questions.

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