> Did you know that Apple can notify you that they have revoked your iOS license at any time, without cause, and, under a strict interpretation of copyright law, make it illegal for you to then use or power on the phone that you own?
Have you got a source / defence for that?
I thought that copyright only applies to reproduction and distribution, not use, hence the term ‘copy’ ‘right’. Once you have acquired something, you are free to use it as you now own it. I would also have thought promissory estoppel would also prevent a company from unilaterally revoking your right to use their product.
Using iOS requires a license to the software. Of course, the legality of the iOS contract has never been tested, nor has Apple revoked an iOS license for a legitimate iPhone. If you were to have your license revoked, your phone would indeed be pretty much useless and Apple would have a hard time defending the fact that your phone is now a brick, so they avoid this by never exercising their right to revoke the license. The license instead performs more important tasks like reducing liability (using iOS for terrorism, for instance, isn't Apple's problem) and giving it ground to sue people like Corellium[0] who run it on non-Apple hardware.
I get why a licence is required to receive software updates as software is being distributed to you outside of the original sale of the device, and I get that Apple can sue Corellium as they are making unlicensed copies of iOS.
You have pointed out that the legality of Apples’ EULA hasn’t been tested, but I’m having a hard time of understanding how an EULA could be used to restrict how a device could be used. Does anyone know of the legal theory behind this?
Can contracts or licence agreements be used to restrict use of something even if you now own it? I’m not a lawyer, obviously, but I thought as long as you buy something up front the contract can be deemed to have been successfully performed and thus ends? I.e. there is no longer an ongoing relationship.
You are legally allowed to jailbreak your iOS device under a named exemption to the DMCA, regardless of what Apple's EULA says. I'm having a hard time thinking of how copyright gives Apple the legal power to brick my phone.
Have you got a source / defence for that?
I thought that copyright only applies to reproduction and distribution, not use, hence the term ‘copy’ ‘right’. Once you have acquired something, you are free to use it as you now own it. I would also have thought promissory estoppel would also prevent a company from unilaterally revoking your right to use their product.