Do You Believe Hacking Your Phone Is Allowed?
The recent post about smartphone hacking and the active community supporting it struck a vein with readers, according to the commentary. It seems that some folks believe that jail-breaking or hacking the phone they own is allowed under any circumstances. Others feel that hacking is OK in some situations but not others. It’s time for a poll to see what the real story might be.
This is not a scientific poll by any means; it is simply a quick and dirty chance to see how people feel about hacking their own phone. Fill out the poll as best you can, and if you want to elaborate on your choice, leave a comment.
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It largely depends on what you’re doing and how you’re doing it.
On the iPhone, it’s explicitly against the Terms of Service to do a jail-break, so yes, it is really not permitted.
On the WinMo platform, I wouldn’t say it’s explicitly favored, and it’s certainly not “supported” by the carriers or OEM’s. However, it’s not frowned upon either, and it doesn’t violate any major policies on the condition that:
1. The OS version is the same as a past/current OS release by the OEM (for licensing considerations). So, for my Touch Pro, I can legally do anything with WinMo 6.1. Once a Sprint 6.5 ROM is released, 6.5 would be legally licensed to the phone.
2. The same is true of other phones. As long as the “bundled software” is either freeware (which most of it is), or as long as it would otherwise be provided with the phone it’s fine.
Of course, a lot of people ignore those and put whatever they want in a custom build, but I’m not one of them. I stick to what is properly licensed, but I still have my own environment that is tweaked to improve both performance, functionality, and battery life.
I violate EULAs like I violate the speed limit: I’m prepared to assume the risks involved, and know that God isn’t killing kittens every time I do it.
We’re talking about a private contract between you and the vendor here, folks: that’s all an EULA is. Businesses breach contracts with each other all the time; especially when the balance of incentives and risks makes it rational to do so. The law has a concept for this too: it is called “efficient breach”.
GoodThings2Life, running custom ROMs on WinMo – even if it is the same general OS version that has already been released by the carrier as a ROM update for that phone – is a violation of the WinMo EULA and likely the fineprint of your carrier contract as well. Software EULAs generally contain draconian and far-reaching terms that forbid any ‘messing around’… the informed user often concludes that EULAs are not worthy of respect.
Here in the UK you aren’t allowed to overwrite a custom ROM on a contract phone. Doing so violates your warranty. However, it’s up to you if you do it, just don’t expect support from the carrier. Of course, you don’t have to buy phones from the carrier. Why not just buy your own copy if you aren’t happy with having your phone gimped?
Having said that I wouldn’t do something like activate tethering on an account that didn’t allow it. If you want tethering then choose a contract that offers it. I don’t have any problem with a carrier taking measures to prevent unauthorised use of their network.
I have a contract with Alltel soon to be Verizon. I have the ability to tether with my phone now under the contract that I signed. I still have 14 months left on my contract and Verizon tells me that I can not tethering under their system. I signed the contract in “good faith” but Verizon intends to screw me by telling me if I want to tether I have to pay an additional fee. They don’t seem to mind breaking the contract, why should I?
If you go off of TOS and EULAs and whatever other licensing agreements you (are forced) to accept when you purchase a phone then the answer and simple: it is not okay. There is no way around that. However, I think what most of us struggle with is whether or not those agreements are fair. I think most of us can agree (as the poll is currently indicating) that we should be allowed to use our device as we see fit. We have already purchased it and if we want to take it apart, we should be able to take it apart. If we want to use it as a paper weight, then so be it. If we want to install certain software on it, then we should.
The issue of “stealing” comes into play simply because there is a licensing fee that OEMs pay to MS. Even with an open-source platform like Android, and non-licensed platforms like WebOS and Apple’s iPhone OS, there is R&D expense for every update and release. Even so, when was the last time that you actually paid a fee for an update on the OS? OEMs that choose to update hardware from WM5 to WM6 or 6.1 do so without a fee. Cupcake for Android was free, and so have 2.0 and 3.0 for the iPhone. These manufacturers absorb the R&D costs. If I install a cooked ROM onto an HTC phone, the R&D effort is being done by the community and the developer of the ROM.
In the end, we all know that we are violating agreements and whatnot, but is the agreement in itself fair? It’s the same question with the idea of being able to rip a DVD you own for backup purposes or to play a digital file and keep the physical copy stored away. According to the DMCA this is not legal, but so we really agree with that. We have to cause the old school way of thought to change somehow, right?
I think it depends on what you’re doing with you hacks. If you’re hacking to steal service, I think that’s a problem. If you’re hacking to improve your user experience, I don’t see a problem with it.
I don’t think there’s anything wrong with hacking smartphones — other than the self-serving cellco policies that try to prohibit it.
You’re buying a computer, plain and simple. You should be able to do whatever you want with it, just as you can with a desktop. The idea of cellcos blocking apps or built-in functionality is outrageous — it’s like a store selling you a filing cabinet and locking you out of one of the drawers.
I long ago stopped believing any of the talk about the companies’ need to “protect” their networks or “ensure quality” by “approving” features. It’s a cynical attempt to drive users to their paid services, period.
TOS and EULAs apply to the software. There’s nothing to stop you from doing anything you want with the hardware. Just don’t expect the same user experience from your hacked phone that you’d get from an unhacked phone.
e.g., if you jailbreak iPhone and run 3rd party apps in the background, you have no right to expect that they’ll run well, or even run at all. Developers haven’t tested that their software will function meaningfully under condition the OS typically guarantees can never happen, and there’s no reason for them to.
So, by all means, hack your phone. Just recognize that there is a trade-off. If you enjoy the benefits of a hacked phone because it no longer behaves as advertised in a good way, you shouldn’t blame others because it no longer behaves as advertised in a bad way.
I have a friend whose iPhone 3G was hacked not to long ago. I loved the customizations that he was able to put on it once it was hacked. So, as soon as they hack the 3GS, I’m going to jailbreak it as well. I won’t even think twice!
I’m Part of the Camp that’s in Hacking is always allowed, as I’ve usually paid full price for all my phones so Believe that I am entitled to what ever I want to It.
The Only Locked Phone I’ve ever Bought is the iPhone 3G and even then I bough that on Pre Paid in the UK, Paying full Price and Jailbroke and unlocked it as soon as possible.
EULA’s have repeatedly found to be overreaching and Unlawful, and unlocking has been Legal in the UK for a while as long as your contractor subsidy is over, so the only reason preventing you might be the Carriers / Manufacturers warranty.
Having said that, while I have usually extensively Modified my WM phones, The Only thing I added on my iPhone was a Video Capture Program and the Unlock as I could manage most things using the official apps.
IF I buy a hammer, I should be able to use it as I wish.
If I hit someone over the head with it, then one is breaking an already existing law.
If I use it to break the window at the bank and steal their money, then one would be breaking an already existing law.
However, if I was limited as to the uses of my hammer…ei.. it’s only allowed to be used on framing a house, but not to nail up a picture on my wall, then
I’d say the rules are just silly…