Law in the Internet Society

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AustinKlarFirstPaper 4 - 10 Nov 2011 - Main.AustinKlar
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 *Introduction*
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Apple builds itself as a proprietary rather than “open” company and actively blocks third-party efforts to implement innovative software on iOS devices. From the moment Apple released its handheld devices users were imprisoned. Apple restricted the devices such that any new software would come from or with the approval of Apple, and Apple alone. Not only were users unable to install third-party software, but also they were prohibited from using their devices on “unauthorized” networks, and performing certain functions or tasks. To free users, an underground community of software developers, “jailbreakers,” began investigating ways to access the system disk on Apple devices and “open” it. These jailbreakers sought to enable third-party’s to develop innovative programs and functions, make them available for installation by the average user, without Apple’s approval, and allow users to operate their phones on a carrier of their choosing.
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Apple's handheld software is largely proprietary rather than “open” and Apple actively blocks third-party efforts to implement innovative software on iOS devices. From the moment Apple released its handheld devices users were imprisoned. Apple restricted the devices such that any new software would come from or with the approval of Apple, and Apple alone. Not only were users unable to install third-party software, but also they were prohibited from using their devices on “unauthorized” networks, and performing certain functions or tasks. To free users, an underground community of software developers, “jailbreakers,” began investigating ways to “open” Apple's handheld devices. These jailbreakers sought to enable third-party’s to develop innovative programs and functions, make them available for installation by the average user, without Apple’s approval, and allow users to operate their phones on a carrier of their choosing.
 Natalie Harrison, an Apple spokeswoman, stated, “Apple’s goal has always been to ensure that our customers have a great experience with their iPhone and we know that jailbreaking can severely degrade the experience.” This statement is unfounded. The jailbreak community, like Apple, has it in its best interest to insure reliability; people won’t jailbreak if doing so will crash their device, just as users won’t buy apps from the App Store if those apps will crash their device. Thus, it is unclear how jailbreaking, which could bring a plethora of valuable and innovative functions to iOS, will degrade the user experience. In waging war against jailbreakers, Apple subordinates its goal of offering truly innovative and efficient products to the goal of profit maximization, often to appease the major telecom companies. If Apple embraced the jailbreak community by removing the arbitrary restrictions it places at the behest of telecom companies, Apple would maximize innovation and efficiency, while still profiting substantially, likely without severe backlash from the telecom companies.

*Testing the Theory*

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With the iPhone 4, Apple introduced FaceTime, a feature allowing users to video chat with other iPhone users. To this day, Apple restricts the great potential of FaceTime? , permitting its use only over Wi-Fi connections. Kim Streich, a third party programmer, quickly developed Unrestricted, an application enabling FaceTime? over 3G connections, allowing users to video chat on the go, instead of only in stationary, Wi-Fi-connected locations. This application is clearly useful and would greatly enhance the user experience, but Apple swiftly rejected Unrestricted from the App Store. Unrestricted quickly found its way into Cydia, an unauthorized app store, in the form of a paid app. Streich stated, “people are so annoyed by Apple and their shit, and if you give them the opportunity to go around it, then they’ll even pay for it.” Within just two weeks of its introduction into Cydia, the app garnered $19,000 in sales. This demonstrates that if Apple embraced the jailbreak community, thereby permitting apps like Unrestricted to be sold in the official App Store, Apple could profit. Creators are not deterred from using the App Store in favor of Cydia because of Apple’s fees. Cydia creator Jay Freeman, like Apple, charges 30% per app sale. Thus, creators are deterred simply because the App Store, as it currently operates, implements arbitrary restrictions which hinder achievement of optimal functionality. Without arbitrary restrictions on functionality, there would be no reason for unofficial app stores.
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With the iPhone 4, Apple introduced FaceTime, a feature allowing users to video chat with other iPhone users. To this day, Apple restricts the great potential of FaceTime? , permitting its use only over Wi-Fi connections. Kim Streich, a third party programmer, quickly developed 3G Unrestrictor, an application enabling FaceTime? over 3G connections, allowing users to video chat on the go, instead of only in stationary, Wi-Fi-connected locations. This application is clearly useful and would greatly enhance the user experience, but Apple swiftly rejected 3G Unrestrictor from the App Store. The application quickly found its way into Cydia, an unauthorized app store, in the form of a paid app. Streich stated, “people are so annoyed by Apple and their shit, and if you give them the opportunity to go around it, then they’ll even pay for it.” Within just two weeks of its introduction into Cydia, the app garnered $19,000 in sales. This demonstrates that if Apple embraced the jailbreak community, thereby permitting apps like Unrestricted to be sold in the official App Store, Apple could profit. Creators are not deterred from using the App Store in favor of Cydia because of Apple’s fees. Cydia creator Jay Freeman, like Apple, charges 30% per app sale. Thus, creators are deterred simply because the App Store, as it currently operates, implements arbitrary restrictions which hinder achievement of optimal functionality. Without arbitrary restrictions on functionality, there would be no reason for unofficial app stores.
 *Should Apple Care?*

Revision 4r4 - 10 Nov 2011 - 19:46:36 - AustinKlar
Revision 3r3 - 01 Nov 2011 - 14:42:02 - AustinKlar
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