With the introduction of the iPod, MacBook, iPad, and iPhone, Apple nestled its way into the lives and homes of millions around the world, consistently increasingly its market share of the portable consumer electronics industry. The software on Apple’s handheld devices, now called iOS, is a critical factor that has enabled Apple to gain its stranglehold control over the market, propelling the company to becoming, literally, the most valuable company in the world. Apple has built itself up as a proprietary, rather than “open”, company, and has actively sought to quell efforts by third parties to promote free software for use on its handheld devices. This free software seeks to provide the everyday user with the ability to perform functions and run applications not authorized by Apple, on Apple devices.

The dynamic between Apple and these third parties is truly unique and ironic. One of Apple’s main strategies to squash the free software movement has been to take the software developed by third parties and actually incorporate it into iOS itself. After Apple includes these programs in iOS, thereby recognizing as valuable and innovative these third party programs, Apple bolsters its protections within the software code itself to prevent third parties from hacking the system and developing more useful programs. Through these actions, Apple implicitly recognizes the true value third party developers bring to the iOS platform, and demonstrates that its proprietary model is not ideal for fostering true innovation.

From the moment Apple released its handheld devices users were imprisoned. Apple restricted the devices such that any new software would come from Apple, and Apple alone. Not only were users unable to install third-party software, but also they were prohibited from using these phones on a network other than AT&T. To free users from this industry-created jail, 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 developers to create programs, to make them available for installation by the average user, and to allow users to operate their phones on a carrier of their choosing. The applications available for jailbroken phones were organized in a single application on the handheld device from which the users themselves could download any program from the catalog.

As the jailbreak process became as easy as typing in a website URL, more and more users began jailbreaking their phones. Apple viewed jailbreaking as a threat, as users began relying less on Apple to give them the programs they wanted. Apple swiftly responded with the App Store, an application distribution program managed by Apple itself, which allows users to download new applications directly onto their phone from a single online catalog. Third party developers were now “allowed” to create programs for Apple devices, and, if Apple approved the application, to post it in the App Store. In return for the privilege of acceptance into the App Store, Apple received 30% of any revenue generated from these applications. To protect its investment in the App Store, to maintain control over third-party applications, and to foster good will among developers who posted programs on the App Store, Apple subsequently revamped and reinforced the built-in protections in its software, designed to prevent jailbreakers from hacking the system and giving users access to an alternate App Store, i.e., to non-approved applications for which Apple would receive zero remuneration, over which Apple had no control. The App Store was certainly not the only instance in which Apple appropriated ideas developed by the much-hated and much-feared jailbreakers. Since the iPhone’s inception, users wished for copy/paste functionality. In 2009, after that function had been available on jailbroken phones for nearly 2 years, Apple finally developed its own copy/paste function, and implemented it in version 3.0 of its software. It took apple another year to come out with its own multitasking function and implement it in iOS4. Copy/paste and multi-tasking functionality had grown significantly important to users such that more consumers were jailbreaking their phones, jailbreakers made these functions widely available in innovative ways.

Apple implemented these features largely to “convince” users that there was no longer a need to jailbreak their devices, thereby providing App Store developers with a continuing customer base, reinforcing Apple’s stranglehold on the market. Subsequent to implementing these innovative features developed by jailbreakers, Apple consistently reinforces its protections in its coding to prevent the jailbreakers from hacking newer versions of the device software. Further, after Apple releases software updates, those new versions must individually be jailbroken. In order for a user who has a jailbroken phone to upgrade to Apple’s newest software, the users must “restore” their device, which involves erasing all data on the device (songs, contacts, etc.), installing the new software, and re-jailbreaking the phone with an updated jailbreak program designed specifically for the new software version – an annoying, cumbersome process that often dissuades jailbroken users from even upgrading to Apple’s newest software. Again, Apple recognizes the innovation and value that developers of free software could bring to iOS when it implements innovative features developed by jailbreakers into iOS, but Apple is consistently unwilling to relinquish control over the technology and seeks to further exclude these developers from the development process and dissuade users from jailbreaking their devices.

There is hope for jailbreakers. Despite the incredible lobbying power of Apple and AT&T, congress recently amended 17 U.S.C. Section 1201, adding exemptions to the Digital Millennium Copyright Act regarding circumvention of technological measures. See 17. U.S.C. §§ 1201(f)(1)-(3) (1999). Recognizing that jailbreaking is fair use under the 1976 Copyright Act, the exemptions allow users to “jailbreak” their devices to use applications, even if Apple did not authorize those applications, and to enable “interoperability” between the third-party programs and the proprietary programs. See Id. While Apple can still try to block jailbreakers, it is not unlawful for individual users to hack their phones, and jailbreakers now have a legal mechanism standing behind them in their fight against Apple.

-- AustinKlar - 09 Oct 2011

I guess I need to work in another overall point. That basically, Apple wastes time and money making "protections" in its code, to keep hackers out, but these hackers, within mere matter of days of a major release, are able to hack into the system. Jailbreakers are ready for iOS5 and it hasn't even been officially released yet. They are ready for the iPhone 4S and it hasn't been released yet. Within a week, if not sooner, it surely will be hacked

Apple should stop wasting its time and money excluding these hackers when Apple has greatly benefitted from the software innovations provided, at no cost to Apple, by these Jailbreakers. Everyone wants their phone to work the best it possibly can. The reason people are switching away from Apple to Jailbreakers is because Jailbreakers are providing services/functions/features that Apple doesnt. If Apple embraces those functions openly, and encourages development, Apple might not be concerned with losing a customer base

-- AustinKlar - 10 Oct 2011

A few thoughts here.

[1] What is your ultimate thesis/prescriptive with this piece? The first posting seems largely informative/descriptive, but then your follow up comment suggests that you are turning it into an opinion piece. Are you trying to say that Apple should stop persecuting jailbreakers? That Apple should be less controlling with the app store by (1) approving apps more freely and/or (2) taking a smaller cut of the revenues (note that Google also takes a 30% cut of all Android App store sales, though they claim that they are not making a profit by doing so)? That all apps should be free (because access to free proprietary apps is one huge reason why people jailbreak..)? Or that Apple should embrace the benefits of open source and switch to a fully iOS/app store (Given Apple's philosophy and business model of also profiting nicely from handsets I think this is a noble but losing argument...), but still allow app-developers to charge? Perhaps you could discuss Apple's fairly extensive history of using open source in OS X and Mac computers and support for different OSs on their computing hardware to propose a more hybrid-solution. I could be wrong, but I don't think there is the same level of backlash against OSX or mac laptops as being closed and patriarchal -- a lot of my hacker friends swear by their macbook pros and happy run ubuntu or other versions of linux on them.

[2] Some data on the number of jailbreakers, or % jail broken phones over total iPhones sold towards the beginning of the paper would help the reader understand the scope of the situation (perhaps you can find more updated statistics, I just did a quick data search). If only a small or stagnant % of people are still jailbreaking, would Apple be concerned enough to want to switch to a more open model? Have they pursued the issue since the statutory amendments, and if so via which avenues?

[3] I'm pretty sure that your example of the copy/paste app was also available in the legit app store (I think I had it!), so maybe you should talk about something they flat out don't allow, like tethering? Also, apple's integration of features previously available on jail broken apps does not necessarily indicate they "recognize the innovation and value that developers of free software" bring to the table, or that they have "greatly benefitted [sic]" from the jailbroken apps. Their product development cycle is long, and they are largely aware of which features are commonly requested or "the next step." It just takes them longer to integrate features into iOS because they are a large company with standards and a lot of inertia. Thus, I think that Apple's lag time in integrating these features speaks more to the speed of distribution, which as discussed in class is slower for closed systems. Ultimately, I think certain features are just better when they are fully built into the OS rather than existing as a separate app (I'm sure I wasn't the only one to ditch my copy/paste app as soon as Apple integrated it into the native OS). So could make an argument that if Apple fully opens iOS for development, people could integrate some of these improvements into the native OS more quickly.

[4] Alternatively, you could discuss the many wonderful open source initiatives (see cocoa controls, sparrow, and the libraries listed here for just a few examples) that have sprung up amongst iOS developer community as a way that iOS HAS benefited from open source, despite the general aversion to it coming from 1 Infinite Loop. Perhaps as part of a larger discussion of how a movement towards open source is really inevitable over time, and aligned with certain fundamental tendencies of human nature (is that getting needlessly abstract? haha). People don't like to reinvent the wheel. People like to collaborate. People like to be free to explore and understand the tools around them. Even Apple developers!

-- CrystalMao - 14 Oct 2011

1) You are right in your first point. When I originally re-read my paper, I realized it seemed like it was informative and I'd much rather have a point in my paper which is why I wrote what I did in the second post. So I will have an ultimate thesis, but haven't exactly figured out what its going to be.

You are right, there hasnt be as much backlash for having laptops closed and patriarchal. But I think that's because there is little post-sale money making potential compared to that of mobile devices that need data streams to function. So I think Apple hasn't had a need to be patriarchal as much with its laptops. AT&T, and Verizon aren't weighing in the situation when Apple sells a computer. It's just Apple and it makes most of its money off the sale of the device itself. But, when Apple is making 30% of every mobile phone service plan from AT&T (back when they had an exclusive agreement), there was a much bigger incentive for APple to close the system so that people couldn't use their phones on T-mobile or Verizon. So you're point about computers being not as patriarchal is well received but I think its less applicable to iOS and iDevices because of the post-sale potential to generate substantial revenue

2) I think I read that it was between 6-10% of people jailbreak their phones. But that also doesn't account for the number of users who don't even buy iphones in the first place because other phones are more "open" (at least that's what they say...it bugs the hell out of me when most of my friends say that who don't have iPhones because I ask them what it means and they can't tell me and even if they do know what it means they run nothing on their phone that can't be run on an iPhone...but anyways...back to the point)...So perhaps some overall statistic of not only people who jailbreak but also people who believe other systems are more "open" and for that reason choose against purchasing an iPhone.

3) Talking about tethering I think would be a great idea. They didn't allow it for the longest time and now they do allow but. The example of tethering is probably great to also show the interplay between mobile phone service providers and the handset providers themselves, and ultimately how much control the service providers have. Now, if you want tethering (legitimately from AT&T, for example), you have to pay for a tethering plan; which is absolutely stupid because you are already paying for a data plan so if you pay for tethering it is like paying for the same data twice. I think this example would be great to include because it shows how Apple and the service providers reacted to free tethering. Thank you for that example. I'll do some research on that. I'm not sure I agree 100% with your point about Apple taking a while to integrate things into their system because of a long product development cycle. And perhaps you can elaborate more on how the fact that they are a "large company with standards and a lot of inertia" matters and what that actually even means. Apple takes a long time to integrate these things into their phones because they ultimately want to give users enough reason to upgrade. Apple could release minor software updates to whatever current OS is operating and add a simple copy and paste function. I'm sure it took developers not long at all to develop their own copy/paste feature and the same is true for jailbreakers. Apple seems to hold off on keeping useful functions from their native OS until they can package them a year later all together into a new iOS, on a new phone. I'm not sure if they still are charging for software updates on iPod touches, but they used to charge money to upgrade your iPod touch software to the newest iteration.

I guess my overall point then is that while Apple tries to be (and I think really is) a company that does a lot of great innovation, it subordinates innovation to making money. Free software is about figuring out the best way to implement a task and send it out for whoever to use and to improve. Apple implements innovative programs in yearly cycles into its native iOS and not incrementally because it wants to give people reasons to switch over. It seems like a marketing technique. If Apple comes out with a new OS, and it has all these great new features, it is more dramatic and more persuasive to switch, than Apple incrementally updating software as their new ideas come to them. I shouldn't need to go to a third party for a simple copy and paste function, because you're right, it definitely is better when it runs natively...But, I also don't want to wait 1 year, 2 years, etc., until Apple releases an official native copy/paste function either. The open source movement would probably could have given me any function I have on iOS5 two years ago when iOS3 came out.

4) I have almost no knowledge about specific open source movements in general like the ones you have listed so I don't know if I would be able to talk intelligently about them and how Apple has benefitted from those specific ones. But I will look them up and see if I read anything that I can use.

-- AustinKlar - 15 Oct 2011