Sounds like a sweet deal, right? All those cell phones and other mobile devices we love totally and legally accessible to us whether or not we subscribe to the approved carrier. But did you miss the subtle line at the end of Goldstein's statement? The article does not state that no copyright violation occurs when someone jailbreaks a phone, it merely highlights the FACT that the government has set a law into place that will allow a person to jailbreak a mobile device "without fear of legal repercussions from handset makers."
In light of the new law, Apple, a company experiencing a higher degree of jailbreaking of their mobile devices, remains adamant in it's policies and technological attempts to protect the copyright of their products and exclusivity with their approved service and sales providers. And why, you may be asking? Is it just capitalist greed? Well, sure, they want to keep as much money in their pockets as possible - that's the nature of a good profit-making business. But the FACT is, irregardless of lack of indemnity under the law for those who jailbreak devices, IT IS STILL A VIOLATION OF A COMPANY'S COPYRIGHT TO JAILBREAK A MOBILE DEVICE!
Now, I highlight this FACT to say this: There are many Christians who have and continue to openly declare that they jailbreak mobile devices, both before, and since this law came into effect to grant them exemption them from legal repercussion; so I'm curious to know: How can one can profess to follow Christ and still engage in what is, essentially, property theft, or, at the very least, a trespass of property - irrespective of the legal freedom to do so?
Now, we can get into semantic and legal debates about whether or not the customer has a right to exercise this new law without criminal, or even moral conscience. However, for brevity sake, since it is an already established FACT that this new law changes nothing as to the rights to copyright, but merely introduces another loophole in the Swiss-cheese of our legal system, we shall focus, instead, on the grey area Christians, and others, face in light of this new law. The new law has essentially condoned copyright infringement of mobile devices by exempting offenders from any legal consequences, effectively deeming them 'guiltless' of any crime. However, the new law makes no change in a mobile device maker's right to maintain copyright of their product, so these manufacturers are still entitled to ownership rights under copyright law.
Christians often quote 1 Peter 2:13-17 to demonstrate that God wants people to obey the law of the land. With this position of thinking it seems a simple matter of dismissing the sense of any legal 'guilt' as to a Christian - or anyone else - jailbreaking a mobile device, since they have been granted legal protection against indemnity within the scope of this new law. However, what tends to be overlooked is the FACT that, in verse 14, of the aforesaid Scripture, God is quite specific about the type of government the Believer is to follow with the fervency that this command requires: "...those who are sent by Him (God) for the punishment of evildoers and for the praise of those who do good."
Now, I make no calls against our government, being an active supporter of many of those who lend their lives to the service of this great Nation. What I will say is that, clearly, by the proof of the historical and contemporary Law of this land alone, which does not always uphold Godly principles (prior civil rights abuses, abortion laws etc.), our government is not a government 'sent' by God, nor even necessarily is it made up of people who believe in God. Now does that mean we disregard man's Law completely because God did not appoint them to government? No, not at all. Even Christ instructed the people to render unto Caesar that which was Caesar's (Matthew 22:21).
To merge all sides of the coin: Christians are to obey the law of the land - at least, inasmuch as it lines up with God, and sometimes, even in cases where it may appear unfair (Caesar's extortionate taxes). Copyright & patents are a law of property that, like all law, places a standard against sin, in this case of theft and trespass. Mobile device makers, like Apple, who, within the scope of these copyright laws, have created policies and implemented practices that seek to protect the copyright of their products. Their rights are to be respected as much as our, now, legal right to infringe upon their copyright without consequence because the FACT is legal penalty or not, jailbreaking a mobile device illegally infringes on a company's rights to distribute, sell and service their property in a manner they intend....So which should Christians choose? - follow the new Law of Man blindly, without regard to the moral and legal infringement of a company's copyright, or forfeit their own legal right to do as they please with a product they purchase so that they do not commit a trespass or theft against a mobile device maker's copyright to product?
What's your thoughts on these FACTS?
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