Cydia Opens Unauthorized iPhone Application Store

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Date: Monday, March 9th, 2009, 06:07
Category: Legal

3giphone.jpg
Though the App Store provides some incredibly fun and useful stuff, there are still some iPhone and iPod touch applications that can’t be acquired through this end. Applications like Cycorder, which lets you use your iPhone as a camcorder or PdaNet, which allows users to use the iPhone’s cellular data connection on their computer via a Wi-Fi connection, may never see the light of day via Apple’s online retail channel for the handset and according to Wall Street Journal, have been available through Cydia, a software installer developed by 27-year-old California graduate student Jay Freeman.
Starting today, Cydia will be opening its own app store, providing a way those jailbreak developers to easily sell their applications.
Freeman has stated that Cydia “intends to charge developers no more than the commission Apple does for his site’s billing services.” The paper reported that two more rival app stores are also underway, including one interested in “selling adult games for the iPhone.”
Though this seems like these App Store rivals may need to have their lawyers on speed dial, many technology law scholars have said that an Apple legal victory isn’t necessarily a given, as this qualifies as uncharted legal territory.
“Courts have said you shouldn’t use the DMCA to leverage your copyright monopoly into other markets,” said Susan Crawford, a professor at the University of Michigan Law School, who said that federal courts ruled that previous DMCA-related cases were less about preventing copyright infringement, but rather about stifling competition.
Last December, the EFF proposed an exemption to the DMCA that would legalize jailbreaking. In response, Apple filed their opposition to the proposal in February arguing that it could lead to problems with the iPhone’s security and reliability, as well as providing a potential venue for pirated iPhone applications.
Many tech law experts still say that the jailbreakers might actually have a viable defense. While jailbreaking and unlocking are not the same process, the iPhone unlocking process requires jailbreaking, so it seems likely that the same legal reasoning to defend against unlocking might hold.
Either way, Cydia’s Freeman has stated that he’s ready for the impending legal challenges to come…
If you have two cents to throw in on this, please let us know in the comments or forums.


3giphone.jpg
Though the App Store provides some incredibly fun and useful stuff, there are still some iPhone and iPod touch applications that can’t be acquired through this end. Applications like Cycorder, which lets you use your iPhone as a camcorder or PdaNet, which allows users to use the iPhone’s cellular data connection on their computer via a Wi-Fi connection, may never see the light of day via Apple’s online retail channel for the handset and according to Wall Street Journal, have been available through Cydia, a software installer developed by 27-year-old California graduate student Jay Freeman.
Starting today, Cydia will be opening its own app store, providing a way those jailbreak developers to easily sell their applications.
Freeman has stated that Cydia “intends to charge developers no more than the commission Apple does for his site’s billing services.” The paper reported that two more rival app stores are also underway, including one interested in “selling adult games for the iPhone.”
Though this seems like these App Store rivals may need to have their lawyers on speed dial, many technology law scholars have said that an Apple legal victory isn’t necessarily a given, as this qualifies as uncharted legal territory.
“Courts have said you shouldn’t use the DMCA to leverage your copyright monopoly into other markets,” said Susan Crawford, a professor at the University of Michigan Law School, who said that federal courts ruled that previous DMCA-related cases were less about preventing copyright infringement, but rather about stifling competition.
Last December, the EFF proposed an exemption to the DMCA that would legalize jailbreaking. In response, Apple filed their opposition to the proposal in February arguing that it could lead to problems with the iPhone’s security and reliability, as well as providing a potential venue for pirated iPhone applications.
Many tech law experts still say that the jailbreakers might actually have a viable defense. While jailbreaking and unlocking are not the same process, the iPhone unlocking process requires jailbreaking, so it seems likely that the same legal reasoning to defend against unlocking might hold.
Either way, Cydia’s Freeman has stated that he’s ready for the impending legal challenges to come…
If you have two cents to throw in on this, please let us know in the comments or forums.

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