Legal Question in Technology Law in California

is jail breaking an iPad 2 legal with the cydia download?


Asked on 1/25/12, 9:01 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What do you mean, "legal"? Apple Computer would say that "jailbreaking" (gaining root access to) your iPad is a breach of your contract with them. Some consumer groups argue that Apple's terms of service constitute an "unconscionable" contract and consumers should not be held to it, after all it is your device not Apple's. As a practical matter, 1) you don't have the money to win a legal fight with Apple, and 2) Apple has technological means to break your iPad if you jailbreak it. (They almost certainly would not sue you or do anything else to you to enforce their terms of service other than pushing a software update to your iPad that breaks it.) "Closed architecture" is the way Apple has always done business (for example this is why there are no Mac clones). If you don't like being in jail, as it were, buy only open-architecture systems such as some tablet computers and operating systems made by other manufacturers/developers.

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Answered on 1/26/12, 1:42 am


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