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Answered in 31 minutes by:
6/24/2011
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom Bulmer :
There are two ways a problem can occur. One is Criminal and one is Civil.
Tom Bulmer :
Copyright is a part of the criminal law and then there are consequences about getting sued Civilly.
Tom Bulmer :
What is your jailbreak going to do?
Tom Bulmer :
Tom
Customer: It makes it so you can put apps on your phone and ipop touch that are not. Legal but that would be left up to the owner of the device the jailbreaking just gives home the means to do stuff to the apple device not in the stock programming
Tom Bulmer :
You should factor in being sued.
Tom Bulmer :
At the least.
Customer: From apple or who
Tom Bulmer :
Many people are reaching out with new ideas. The law is in development.
Tom Bulmer :
You can be assured of being sued by the holders of Copyright if you infringe. Having said that, it will only happen from a practical stand point if you are successful. There are many flies on the wounds of major companies and they choose which flies to swat.
Customer: If it's not against the law to jailbreak but what the owners do after that might be and I only do the jailbreak nothing else can I still be held accountable by apple even if it's not illegal
Tom Bulmer :
A customer could sue you if your product got them in trouble.
Customer: What if they signed a waiver
Tom Bulmer :
Waivers are good. But a waiver is only as good as what the law is at the time and what you say to the customer. Jail breakers state that it is legal in the US. I doubt that. I think Apple and others have not yet done anything.
Customer: Yes I agree ok thanks. I think I am satisfied
Tom Bulmer :
There is an argument that jails should be broken. Someone pays for a service but is restricted.
Tom Bulmer :
You are among many flies. This is a movement but I cannot honestly tell you that there cannot be consequences when the Giant wakes up.
Customer: Ok thanks for the info
Tom Bulmer :
Do the waiver and even contact Apple! Let them know!
Customer: Ok I think I will do the waiver and cash only. Thanks for the advice
Tom Bulmer :
My pleasure. Please accept for my time or continue the chat.
Tom Bulmer :
Tom
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom B. and 87 other Canada Law Specialists are ready to help you
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