Monday, Feb 16, 2009    Text size: 

Consumer advocacy group the Electronic Frontier Foundation (EFF) has petitioned the Library of Congress to protect all mobile phone owners who "crack" their phone's operating systems. In the case of Apple's iPhone, cracking the native OS means that users can install whatever applications they want, including thousands not authorized by Apple.

Apple has fought against such measures since the release of the iPhone by making it difficult and hazardous to crack the iPhone OS and with their latest objection to the EFF's filing.

Apple's objection would hit consumers with a fine of "up to $2,500" if they crack their iPhones, with the additional danger of a potentially five-year criminal penalty if they crack their iPhone for "financial gain." Apple did not specify what that criminal penalty might be.

According to Apple, cracked iPhones and unauthorized apps befoul the iPhone's "ecosystem," and to be sure, Apple has built a tightly run ship for its users to ride on. One important side-effect of Apple's pristine ecosystem has been the relegation of all adult apps to the iPhone's flourishing black market.

The EFF has countered Apple's objection by citing a wide "body of law" that protects consumers rights to tinker with hardware to make it work better — or however they want.

"One need only transpose Apple's arguments to the world of automobiles to recognize their absurdity," the EFF petition reads. "Sure, GM might tell us that, for our own safety, all servicing should be done by an authorized GM dealer using only genuine GM parts. Toyota might say that swapping your engine could reduce the reliability of your car. And Mazda could say that those who throw a supercharger on their Miatas frequently exceed the legal speed limit."

For more information on the EFF, visit EFF.org. In addition, the EFF has set up a website for consumers to follow the case at FreeYourPhone.org.