The Truth About Jailbroken Phones

The Truth About Jailbroken Phones

First, let me point out that is not illegal to 1. Jailbreak a phone, 2. Use a Jailbroken phone and 3.  Download a Jailbroken application from an app store like Cydia.

On July 26th, 2010 US regulators lifted the cloud of any uncertainty when they announced it was legal to unlock or “jailbreak” an iPhone. The US Copyright Office stated claimed there is “no bias for copyright law to assist Apple in protecting its restrictive business model.”

Jailbreaking an iPhone means hacking into the devices operating system, essentially allowing a user to run applications on the phone that were not necessarily approved by Apple and not available on the iTunes store as a download.

Apple claimed that it was illegal to “unlock” a phone but never took legal action against any of the developers who use jailbroken phones and jailbroken applications downloadable from sites like Cydia which is operated by Jay Freeman, more fondly known in the iPhone “Jailbreak” community as Saurik.

In 2009, The Electronic Frontier Foundation asked regulators to add jailbreaking to a list of explicit exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions. The Copyright Office agreed with EFF, concluding that, “while a copyright owner might try to restrict the programs that can be run on a particular operating system, copyright law is not the vehicle for imposition of such restrictions.”
Currently, over 10% of all iPhone users are using Jailbroken phones and jailbroken applications today and that number continues to rise every day.
It should be understood that this decision which applies to all smartphones, (not Tablets), does not require mobile device manufactures to allow unlocking or jailbreaking a phone, it just makes it legal to circumvent any controls put in place to block a user from doing it.
Regulators agreed that “the activity of an iPhone owner who modifies his or her iPhone’s firmware/operating system in order to make it interoperable with an application that Apple has not approved, but that the iPhone owner wishes to run on the iPhone, fits comfortably within the four corners of fair use.”
The one disadvantage of jailbreaking an iPhone is that is voids the warranty with Apple.  Apple has declared that presently it will not change this policy and will only honor warranties on non-jailbroken phones.
To gain access to the many jailbroken applications on the market, one must visit Cydia. The iPhone needs to be jailbroken in order to start using the applications and there are many freely available tools courtesy of the hacker group iPhone Dev-Team.

 

Another important fact to mention is that one can reverse a jailbroken phone by just flashing it back to the base IOS which is done by restoring the original device IOS. For more information on jailbreaking your Apple iPhone, click here.
It’s only a matter of time when businesses realize that using a jailbroken or unlocked Smartphone is not only NOT illegal, but it will be necessary to allow the best and brightest applications to run on the device getting the most widely used communication method in use today for both personal and business purposes. With Mobile Compliance solutions in place, the enterprise can still be protected from lost or stolen phones, as well as monitoring the activity on the Apple iPhone.   Additionally, since 95% of Information Workers use self-purchased technology for work, they will want the freedom to be able to decide what they are allowed to use on the phone they paid for!

 

BROKER’S WORLD: Morgan Stanley Smith Barney Brokers Text Away

BROKER’S WORLD: Morgan Stanley Smith Barney Brokers Text Away

NEW YORK (Dow Jones)–Morgan Stanley Smith Barney to its brokers: U can text now.

The rule change, delivered in a memo in late January, allows brokers with firm-managed BlackBerries to use them for texting. It was prompted by requests from staff in the field, said a spokeswoman from Morgan Stanley Smith Barney, the brokerage joint venture of Morgan Stanley (MS). It makes the company the only big brokerage to allow the practice.

About 2,000 advisers and managers have firm-managed BlackBerries and are affected by the policy. Morgan Stanley Smith Barney will keep a record of the texts, to comply with industry regulations that it retain all electronic messages for three years. The company also says it will use the same process it has in place to review its staff’s emails.

A Morgan Stanley Smith Barney broker based in the Midwest said he doesn’t expect to start texting with his clients, but since he only carries one phone, he’s happy to have an easier way to communicate with his wife.

“For me, it’s more about how can I be the most productive, and that helps a little bit,” said the broker, who requested that his name not be used.

Spokeswomen for Bank of America Corp.’s (BAC) Merrill Lynch, and UBS AG’s (UBS) UBS Wealth Management America said their companies don’t allow brokers to use company-issued mobile devices to text. A spokesman for Wells Fargo & Co.’s (WFC) Wells Fargo Advisors said the company doesn’t issue mobile devices to its financial advisers, and those who use their own aren’t allowed to text clients.

As forms of electronic communication multiply and become more popular, financial services companies are struggling to keep pace in terms of policies and regulatory compliance issues. With the growing influence of smart phones, as well as social networking sites like Facebook and Twitter, the industry has been debating how to help brokers expand the ways they can reach out to clients.

“I think there is a very keen interest in the industry right now on how firms can utilize different technology to engage in business communications,” said Joseph Price, senior vice president of the advertising-regulation division of the Financial Industry Regulatory Authority, Wall Street’s self-policing organization.

Morgan Stanley Smith Barney’s new policy could put it a step ahead of the curve. Dan Nemo, chief operating officer of TextGuard, a company that helps firms monitor and archive communications sent through mobile devices, said he has spoken to brokers who have been frustrated when they have received texts from clients, but couldn’t reply.

“The broker wants to communicate with the customer and client the way the customer and client wants to communicate with them,” Nemo said.

(TALK BACK: We invite readers to send us comments on this or other financial news topics. Please email us at TalkbackAmericas@dowjones.com. Readers should include their full names, work or home addresses and telephone numbers for verification purposes. We reserve the right to edit and publish your comments along with your name; we reserve the right not to publish reader comments.)

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