02.14
Does Apple have the right to tell people who buy iPhones to use them only in the way it wants them to. Why shouldn’t we be able to run buggy software if we choose to?
But it’s not quite so simple. Jennifer S. Granick, a lawyer for the E.F.F., said that Apple can force buyers of the phone to agree to any conditions it wants to write into a user agreement. But those agreements would be governed by contract law, which would force Apple to sue users and prove actual damages.
Under copyright law, Apple would have the right to claim statutory damages of up to $2,500 “per act of circumvention.” People who jailbreak phones, might even be subject to criminal penalties of as long as five years, if they circumvented copyright for a financial gain.
“Apple is bringing the hammer down in a way that Congress never intended and is really severe for something that is just not wrong,” Ms. Granick said. An Apple spokesman declined to comment beyond its legal filing.
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