iPhone EULA

Kash · Oct 15, 2007

I've been reading about how using jailbreak and adding third party applications to the iPhone is against the EULA. So I decided to take a look at the EULA to see whether this is actually the case or whether we've just been scared into believing it. I've attached a copy of the EULA for people who want to read the entire thing. I'm going to focus on the portion that deals with things like jailbreak.

2. Permitted License Uses and Restrictions
(a) This License allows you to use the iPhone Software on a single Apple-labeled iPhone. This License does not allow the iPhone Software to exist on more than one Apple-labeled iPhone at a time, and you may not make the iPhone Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any
rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party deuse with the iPhone. Some of those rights are available under a separate license from Apple. For more information, please email [email protected].

(b) With respect to updates to the iPhone Software that Apple may make available for download (“iPhone Software Updates”), this License allows you to download the iPhone Software Updates to update the software on any iPhone that you own or control. This License does not allow you to update iPhones that you do not control or own, and you may not make the iPhone Software Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the iPhone Software Updates stored on your computer in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the iPhone Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the iPhone Software, iPhone Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software and iPhone Software Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your iPhone you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightholder. The iPhone Software and iPhone Software Updates may be used to reproduce materials so long as such use is limited to reproduction of non-
copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. THE iPHONE SOFTWARE AND iPHONE SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE
SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE iPHONE SOFTWARE OR iPHONE SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

We want to take a look at section 2, passage c. As you can see, there is nothing in the wording that explicitly prevents one from hacking into the device. You are simply not allowed from using various methods to reverse engineer the software. Essentially, Apple is making sure you can't buy an iPhone, figure out how the software works, and then sell a knockoff copy. None of those restrictions point out exploiting weaknesses in the software to gain access to the system.

Also, there is no wording whatsoever in the section (or the rest of the EULA for that matter) that would lead one to conclude that installing third party applications would violate the agreement. It is simply Apple policy to not service iPhones that have been hacked. The process itself is not inherently illegal in and of itself.

So as you can see, using programs such as jailbreak and installing third party applications on the iPhone is not in violation of the EULA. Now, I'm not sure whether the same applies to the iPod touch. I'm going to go look over the touch's EULA to see whether the same applies. If anyone else wants to take a look over as well, you can get all of the license agreements from Apple's Legal page

EDIT: I just took a look at the touch's EULA, and it's identical to the iPhone's EULA. I can't attach it as it's 1.9MB, but you can get it at the Apple Legal page I linked to above.

View attachment iphone eula.pdf

ki99 · Oct 15, 2007

good job!

Zabumafu · Oct 15, 2007

Grr, was hoping that I could complete my nuclear facility but I need 2 iPhones instead of one. Guess I cant lol.

D3v1L80Y · Oct 15, 2007

Kash said:
We want to take a look at section 2, passage c. As you can see, there is nothing in the wording that explicitly prevents one from hacking into the device.

Read it again a little closer:
" you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the iPhone Software, iPhone Software Updates, or any part thereof.

Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software and iPhone Software Updates. If you breach this restriction, you may be subject to prosecution and damages."

Since 'hacking' the device means that you have to essentially modify and disassemble portions of the iPhone Software... then it is pretty clear that you aren't allowed to do so per the EULA.
Reverse Engineering is only one of the stipulations.

You should also read the rest of the EULA:

iPhone EULA said:
You own the media on which the iPhone Software is recorded ........but

Apple and/or Apple's licensor(s) retain ownership of the iPhone Software itself.

Since you don't technically own the software, then you hardly have any real say in how it should be modified or 'hacked'.

Kash · Oct 15, 2007

I read it, and I looked up the definitions to make extra sure I was reading it right. All of those terms you mentioned (copy, decompile, reverse engineer, disassemble, etc) all refer to using methods to get at the source code for the purpose of creating a copy of the software. You point out disassemble, and I figured that might be a bit of a problem, but looking at the definition (translate a program from machine code into a symbolic language) shows that it too is in reference to finding the source code of the software; it is not a reference to hacking.

You clearly don't know how jailbreak and AppTapp work. They don't reverse engineer the software, they simply find and take advantage of an exploit in the software. In the case of firmware 1.1.1, the Dev group used an exploit in the way the iPhone views TIFF files.

The methods used to hack the iPhone are not in violation of anything listed in the EULA. So if you're not in violation of anything, then you can't really be prosecuted. If Apple wants to make hacking illegal, it reserves the right to change the EULA to reflect that policy. But thus far, it hasn't.

If you look under Section 6: Disclaimer of Warranties, you will see references to third-party software. The wording states that Apple is not responsible for breaking third-party software, but nothing about the third-party software resulting in the violation of the warranty, and consequently, the EULA.

And please, don't use big red letters to point things out. Doing so implies that I'm idiot who can't read, and I resent the subtle accusation.

D3v1L80Y · Oct 15, 2007

Nobody inferred that you were an idiot. I highlighted the important parts that really don't have any open interpretation.

Kash said:
...all refer to using methods to get at the source code for the purpose of creating a copy of the software.

Not always. Reverse engineering is defined as: "to study or analyze a device or program in order to learn details of design, construction, and operation, perhaps to produce a copy or an improved version or to try to make a new device or program".
It doesn't necessarily have to be a copy of said software. Yes, all of the terms mentioned in the EULA could be inferred as facets of reverse engineering, yet they also stand alone as separate acts that have nothing to do with reverse engineering.

You clearly don't know how jailbreak and AppTapp work. They don't reverse engineer the software, they simply find and take advantage of an exploit in the software.

In order to find a software's "exploits", one must first "study or analyze a device or program"... the very definition of reverse engineering. To use these apps, you must alter (modify) the filesystem of the iPhone (iPhone Software). These hacks in turn force (decompile, disassemble) v1.1.1 to mount read-write so you can access it and then alter (modify) it.

The biggest part is this... You don't own the software. Anyone who analyzes the software or uses a crack to modify the software violates the material that is clearly copyrighted and owned by Apple (as is clearly pointed out in the EULA), is in direct violation of the iPhone EULA. U.S. Copyright Law would be violated if a person altered or modified copyrighted material to which they had no legal grounds to do such to.

Is it legal to decompile source code to find vulnerabilities? It seems to be okay to reverse engineer for the purpose of looking for security vulnerabilities... provided that you disclose such vulnerabilities to the software vendor and owner. This would would allow the software vendor to act promptly, fix and disclose the vulnerability.
Is it legal to exploit vulnerabilities discovered from decompiling source code? No, since at least in the U.S., that violates Copyright Law.

Kash · Oct 15, 2007

For starters, reverse engineering isn't inherently illegal. In the United States, the DMCA covers reverse engineering in regard to software. The only form of reverse engineering that is illegal is the malicious kind. The law further states that you can reverse engineer to increase interoperability between software components (sounds pretty much like the third-party apps).

There is an exception to the above stated law, and that would be license agreements. However, there has not been a single court that has shown that violation of license agreements is against the law. The only thing a company can do when you violate its EULA is invalidate your warranty. Then we go into a different area where warranties can only be invalidated if it can be shown that it was the third-party software that caused a problem with the functioning of the device.

Now, people have found that it was a fault in the unlocking software that caused iPhones to brick with the 1.1.1 update. So that would allow Apple to invalidate the warranty, but again, unlocking the phone was not illegal. But we're not talking about unlocking, we're talking about installing third-party apps. There has been no indication that Installer.app caused any iPhones to brick following the 1.1.1 update. The update simply hid the app from the Springboard and prevented user access to it. Thus, Installer.app did not in any way negatively affect the way the iPhone functions, thus it did not violate the license agreement.

Yes, modification of the software was necessary to allow for third-party apps to be installed, but that is allowable under the law.

However, after doing some more reading, especially of the Forum Rules, I will concede that talking about installing third-party apps or unlocking the iPhone cannot be discussed on this forum. Violating an EULA is not illegal, but the forum rules state that we cannot discuss anything violates the EULA, and there can be a case made for jailbreak violating that agreement. The forum rules assume that violating an EULA is against the law, and until that rule is changed to reflect the fact that it is not, I will accept not talking about things such as third-party apps and unlocking. This is a private forum and the rules can be set however the owner sees fit.

mac57 · Oct 15, 2007

As I read this thread I find myself wondering why anyone cares? Are there really "killer apps" out there just waiting for someone to place them on the iPhone?

Lets assume that we can "break in" to the iPhone. What applications are you so desperate to load?

Frankly, having just got my iPhone, I look at it and see a work of art, not just the device itself, but the software it runs. Why would you want to mess with that? Whatever you are looking to load up, it must be pretty darn special!

I negotiate a lot of third party supplier contracts for my company. I am not a lawyer, but DevilBoy's interpretation of the EULA lines up with how I would interpret it as well. Jailbreak sounds very illegal, and if not illegal, definitely unethical.

Apple has brought us yet another wonderful new device. They have chosen to restrict it. That is their right, just as it was their right to restrict the carrier whose network supports. If these restrictions are not agreeable, no one is forcing you to purchase it!

D3v1L80Y · Oct 16, 2007

Kash said:
For starters, reverse engineering isn't inherently illegal.

I agree. I pointed out that it can be helpful in locating security vulnerabilities.

In the United States, the DMCA covers reverse engineering in regard to software. The only form of reverse engineering that is illegal is the malicious kind. The law further states that you can reverse engineer to increase interoperability between software components (sounds pretty much like the third-party apps).

The only time the phrase "reverse engineering" appears in the DMCA is here:

U.S. Digital Millennium Copyright Act - Reverse engineering (section 1201(f)) said:
This exception permits circumvention, and the development of technological means for such circumvention, by a person who has lawfully obtained a right to use a copy of a computer program for the sole purpose of identifying and analyzing elements of the program necessary to achieve interoperability with other programs, to the extent that such acts are permitted under copyright law.

The iPhone Dev Team had no prior permission or legal rights from Apple to create their hacks.
With respect to software, the term interoperability is used to describe the capability of different programs to exchange data via a common set of business procedures, and to read and write the same file formats and use the same protocols.
In other words, the ability to exchange and use information in a large network made up of several local area networks and the ability of software and hardware on multiple machines from multiple vendors to communicate.
Think along the lines of Cisco Clean Access or something like Novell NetWare.
It has nothing to do with using third-party apps on the iPhone.

However, after doing some more reading, especially of the Forum Rules, I will concede that talking about installing third-party apps or unlocking the iPhone cannot be discussed on this forum.

This is correct. So, I will lock this thread now.

schweb · Oct 16, 2007

Kash said:
However, after doing some more reading, especially of the Forum Rules, I will concede that talking about installing third-party apps or unlocking the iPhone cannot be discussed on this forum. Violating an EULA is not illegal, but the forum rules state that we cannot discuss anything violates the EULA, and there can be a case made for jailbreak violating that agreement. The forum rules assume that violating an EULA is against the law, and until that rule is changed to reflect the fact that it is not, I will accept not talking about things such as third-party apps and unlocking. This is a private forum and the rules can be set however the owner sees fit.

Let me also point out rule number 7 of the Forum Rules:

Moderators and Final Authority: The moderators and other staff of Mac-Forums.com have final authority in all disputes and rule interpretations.

Violations of the EULA are not permitted here.