You both are right though. It is a capitalist society and the legal system shouldn’t be involved in these matters. So here’s my solution. Let Apple write the terms of their EULA for the software they are licensing, as is well established in the software industry, and let people vote with their dollar whether they think the EULA is unfairly restrictive.

Don’t grant excuses for people who willingly and knowingly enter into an agreement and then choose to violate the terms of their agreement.

As to Apple “going after” individuals who are jailbreaking their phones, there are no examples of them doing this, nor is there anything in their history to suggest they would. Apple’s reputation is to go after those who seek to facilitate the circumvention of their restictions and that is what they are doing now.

Remember also that this is doing measurable damage to the product and the brand they invested heavily to establish. Aside from the fact that little old ladies can jailbreak their iPhone to their own demise (a theoretical problem, only geeks are doing it so far) the main problem is that there is a HUGE warez market for iPhone apps now. Developers are developing apps and selling them at a fair price only to have them ripped of and made available for free, installed of course via the jailbreak method. This serves to severely stifle the incentive to develop new iPhone apps which as anyone who owns an iPhone knows, is “where it’s at.”

As much as we can all argue whether Apple has a right to protect the distribution channel they have themselves built can go on all day, and probably will. What too few people are talking about, the EFF included, is the responsibility Apple has to their developers to protect the viability of the business model they have come to rely on.

Jim :
Why in hell should any company be protected from competition by our legal system ??? Especially in this industry, where entrepreneurship and innovation are the building blocks.
I say their tactics are Un-American. We are, after all, a capitalist society.

Patents are how legally-backed monopolies. They generally are a good things (as long as they expire once the patent owner has had time to make money on the product). That system has been corrupted too with the advent of patent trolls and software patents. Patents were not designed to be used on processes and business models, but on products. The current use of patents as weapons stifles creativity and entrepreneurship. Not only now does a developer have to make sure that all of his/her code is his/her own, but to make sure that he isn’t using any patented technique. This is out of the scope of most small-time developers. Code should be protected by copyright, not patents. This is another thing that the EFF fights.

And regarding the EFF, they are trying to protect the rights of individuals, not the “rights” of Apple to use taxpayer money to protect their bottom line.
They also look out for the rights of bloggers (http://www.eff.org/issues/bloggers) – that link may be useful some day.

Yer Old Man

You may have bought it, but you don’t own it, and it’s not yours to do with as you please.

Not EOF

As for EULAs, I’d love to see (other than legal costs) Apple take me to court for installing Qik on my iPhone. My guess is that there is no jury that would find in favor the them.

I bought it. I own it. EOF

Chris :The EFF trying to nullify existing legal agreements just isn’t kosher in my book.

They are not trying to nullify that (well ultimately they ARE trying to change the laws regarding IP, but that is a different discussion), what they are doing is seeking an exemption that is allowed for in the DMCA based on they are providing a way to enable interoperability.