Welcome back to the second installment in the series “Apple Jailbreak Q & A”! If you missed it, check out “What is Jailbreaking?” before getting started with the rest of the series.

Many people – the media especially – have drawn conclusions about whether or not jailbreaking your iDevice is legal.

MYTH: Jailbreaking Your iDevice Violates the DMCA

Until recently the big gun in this argument was the Digital Millennium Copyright Act (DMCA) – which basically states that any means, method, or device used to circumvent technologies put in place specifically by a copyright owner to protect their copyrighted content is illegal, and may be subject to fines and jail time, not to mention a cease and desist order.

FACT: The Supreme Court Says “Jailbreak Away, Friends”

The ruling this past July 2010 adds an exemption to the DMCA (which is re-evaluated every 3 years) that prevents copyright law from extending further than it was originally intended by allowing cell phone owners to perform jailbreaks, especially if your intention is to use it to switch carriers while maintaining the same device.

MYTH: Once Jailbroken, It’s Legal to Download Any Apps I Want

There are tons of apps out there in the various repositories available to download. So many, in fact, it can get down right confusing when multiple repositories hold different versions of the same app. While jailbreaking gives you access to more apps,  it may also give you access to download or distribute copyrighted materials.

FACT: Copyright Law Still Applies

Copyright law and intellectual property law is something on which we cannot offer expert legal advice. However, it is important to note that regardless of your national or local copyright laws, you should always use care and respect when downloading and distributing content. If it belongs to someone else, don’t violate their property rights. Many apps, although not appearing in the Apple App Store officially, may still be offered as a purchase through Cydia, Rock, or another source. Unless the work is licensed for distribution without monetary cost, you will be violating their rights if you find it somewhere to download for free.

Jailbreaking Will VOID Your Warranty / Apple Care

Consider carefully before you decide to jailbreak your iDevice, particularly if you have an iPhone (since it’s your cell phone):

• Jailbreaking voids your warranty. Period.
• You always face the considerable risk of losing everything on your iDevice during the process of jailbreaking.
• You may also “brick” (render unusable) your iDevice if something goes wrong.
• If you encounter an issue with your jailbreak, you may not contact Apple Support for help with the problem. Internet search engines and forums will be your primary source of support if something goes wrong.
• You can always flash/restore your iPod back to factory settings in the worst-case scenario.
• Apps downloaded for jailbroken devices may contain spyware / malware / other malicious content.

If you have considered all of this and still want to jailbreak, you know what possible repercussions you may face. But it is perfectly legal to do so and can be done safely and without harm to your device or files.

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