Is Jailbreaking now legal in south africa?

[JustinS]

Quick question guys is Jailbreaking an idevice legal in South Africa considering it is legal in America.

Please understand my logic as below.

If it is legal to jailbreak in America, then would be a contravention to jailbreak a device in South Africa if it is already legal to do so there.

 

[OGroteKoning]

I can not see how jailbreaking your own device paid with your own money could be illegal. So in short - hack away!

EDIT: See if you can find any cases where people were prosecuted for jailbreaking any devices.

 

[JustinS]

I can not see how jailbreaking your own device paid with your own money could be illegal. So in short - hack away!

EDIT: See if you can find any cases where people were prosecuted for jailbreaking any devices.

I bought the Qpeel converter for ipod to give it phone capabilities from the internet, now I am afraid to use it considering RICA laws and so forth.

I actually bought three, and I saw that no one in SA has them so it will lie in my cupboard forever.

 

[Wyzak]

Just don't sell the device and you should be fine

 

[unskinnybob]

My neighbours house was ransacked by police yesterday in a Jailbreak search and seizure effort. Neighbour and his wife are looking at 5 - 20 years for jailbreaking.

True story.

 

[Raphael123]

My neighbours house was ransacked by police yesterday in a Jailbreak search and seizure effort. Neighbour and his wife are looking at 5 - 20 years for jailbreaking.

True story.

LMAO

 

[MaximusZA]

Breaking out of Jail would mean that sentence I am sure

Unskinnybob are you serious? damn that's crazy! but the question also is if you jailbreak is you still pay for your apps then I don't see the problem. I think the issue comes in where you jailbreak to use apps that you should but don't pay for. I could understand that... piracy and all that. but I don't know never heard of anyone even in the US get into trouble for Jailbreaking.

 

[JStrike]

Quick question guys is Jailbreaking an idevice legal in South Africa considering it is legal in America.

Please understand my logic as below.

If it is legal to jailbreak in America, then would be a contravention to jailbreak a device in South Africa if it is already legal to do so there.

Just because something is legal or illegal in another country means nothing in terms of the law in a different country (Unless it is an international treaty which we have signed)
As to whether it is legal in SA, I don't know

 

[Elimentals]

What the Law says:

Electronic Communications and Transactions Act. 2002
Chapter XIII - Cyber Crime
86. Unauthorised access to, interception of or interference with data

1) Subject to the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992), a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.
2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.
3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of' an offence.
4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.
5) A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.

Penalties as Per section 89

1) A person convicted of an offence referred to in sections 37(3), 40(2), 58(2), 80(5), 82(2) or 86(1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding 12 months.
2) A person convicted of an offence referred to in section 86(4) or (5) or section 87 is liable to a fine or imprisonment for a period not exceeding five years.

US law has a fair use clause in DMCA act to allow for jailbreak. Our copyright law does not have this clause as its never been updated to cater for today's use of the law. (Why we can download without a worry)

Not tested in court yet, but I can tell you selling jailbroken devices is, as people who sold jailbroken PS3's where sentenced.

Personally I say go jailbreak away, not like they have enough space or time to go after all the iOS/Android owners that broke no 4 above on their own devices.

 

[TheRidDlerX]

4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.

This is interesting though. IIRC jailbreaking is basically enabling your phone to install non approved (by Apple) applications. This MAY (this is where your choice comes in) include applications that give you access to cracked applications for free. I think the question is then, is this classified as bypassing security measures? It's your own device, and you are the user. What gives Apple the right to deny you utilising your device to the fullest. Installing cracked apps after that is the kicker. So no, i dont think jailbreaking in its own is illegal, but hey, dont quote me on that ;p

 

[Elimentals]

This is interesting though. IIRC jailbreaking is basically enabling your phone to install non approved (by Apple) applications. This MAY (this is where your choice comes in) include applications that give you access to cracked applications for free. I think the question is then, is this classified as bypassing security measures? It's your own device, and you are the user. What gives Apple the right to deny you utilising your device to the fullest. Installing cracked apps after that is the kicker. So no, i dont think jailbreaking in its own is illegal, but hey, dont quote me on that ;p

There is no clause for hardware ownership, that is an added interpretation on your part, besides if you read software licenses you do not own the software just the hardware it runs on. This is where the difference between Open source and closed source comes in.

Again like I said before, just do not go selling devices as this will attract unwanted attention.

 

[noxibox]

Not tested in court yet, but I can tell you selling jailbroken devices is, as people who sold jailbroken PS3's where sentenced.

He was involved in making and selling counterfeit copies of software. Considering that law is intended to protect data communications, not software products or hardware measures to prevent copying of those products, it is ridiculous to be using it. What sentence did he receive?

I bought the Qpeel converter for ipod to give it phone capabilities from the internet, now I am afraid to use it considering RICA laws and so forth.

Does it use a SIM? Then you'd need to RICA that. The phone/device you put it into isn't relevant.

 

[iAmThePope]

Legal or illegal, I don't believe they could actually do anything to you just for jail breaking your iOS device provided you don't have any illegal software on it. It does void your Apple warranty tho, but a simple restore to default removes the trace. I personally have a jailbroken iPad, but I do not download illegal or cracked software, I like to personalize my device(Themes, fonts, fancy keyboards etc). I am, however, unsure as to if the law that states it is legal in America applies to us in SA tho. Is it device wide? Or country based?
If you sell jailbroken devices its a different story, but jail breaking your own hardware is your prerogative.

 

[SilverNodashi]

I'd jailbrake my old iPod if this thing worked as they say it does! How much did you pay for the qpeel?

 

[noxibox]

It does void your Apple warranty tho, but a simple restore to default removes the trace.

Thus it doesn't void your warranty.

 

[JustinS]

I'd jailbrake my old iPod if this thing worked as they say it does! How much did you pay for the qpeel?

I paid around R1300 for three. I saw another guy selling them now so I offered them to him.

 

[JustinS]

He was involved in making and selling counterfeit copies of software. Considering that law is intended to protect data communications, not software products or hardware measures to prevent copying of those products, it is ridiculous to be using it. What sentence did he receive?


Does it use a SIM? Then you'd need to RICA that. The phone/device you put it into isn't relevant.

Yep it uses a sim (Qpeel), theres a guy on gumtree selling them so I offered them to him at what I paid for them.

 

[JustinS]

Just don't sell the device and you should be fine

I offered them to a guy thats selling them on gumtree at what I paid so what he does is his problem now.

I just dont understand all these guys on these classifieds sites that are charging to jailbreak a device, so naive to the law. lol

 

[JustinS]

What the Law says:



US law has a fair use clause in DMCA act to allow for jailbreak. Our copyright law does not have this clause as its never been updated to cater for today's use of the law. (Why we can download without a worry)

Not tested in court yet, but I can tell you selling jailbroken devices is, as people who sold jailbroken PS3's where sentenced.

Personally I say go jailbreak away, not like they have enough space or time to go after all the iOS/Android owners that broke no 4 above on their own devices.

Thanks for the heads up, I have decided rather be super safe than sorry


I agree wit

 

[Elimentals]

Thanks for the heads up, I have decided rather be super safe than sorry

I agree wit

I would not worry about it, like I said just dont sell jailbroken devices. All my devices are either jailbroken or rooted. Its like piracy, some of it is illegal but everyone is doing it.

Next you gonna tell me you use a SA account on it seeing that giving false details to open a US account is also illegal as it falls under fraud.