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[citation][nom]gamerk316[/nom]Fail argument. Congress has the power to do anything that does not directly infringe upon states rights or directly go against Section 9 of the US Constituion. If the constituion was meant to be strictly interpreted, Section 9 would be totally irrelevent.Example:, the Constitution gives Congress the right to organize/fund an Army and Navy, but doesn't say a word about an Air Force. So the USAF is therefore CLEARLY unconsititonal. But for some reason, strict constructionists have a fit whenever this point is brought up...Hence why strct interpretation is fail.[/citation]
I disagree. The Army and Navy both had their own air corps. Why was this inadequate? I don't understand your argument at all. The government has the ability to make laws that do not infringe upon our rights. The Constitution is a beautiful document.
"Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Section 10 - Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
I do not understand how Section 9 gives Congress this power to do anything. Section 9 is a list of things that Congress may not do. It does not say that Congress may do anything that is not listed here. Section 8 is a list of very specific tasks that Congress is supposed to take care of. Jailbreaking phones does not fall under a single category of any of their tasks. I think you need to read the Constitution, for real. It is a simple document, it is short, and it is the most important document ever written by mankind. It is the only document ever written from the perspective of limiting the government, instead of trying to give the people privileges. We have rights, as free sovereign people. The government works for us. We do NOT work for the government, we do NOT have to obey it when it stops working for us. It is our duty to disband it, and start anew.
I disagree. The Army and Navy both had their own air corps. Why was this inadequate? I don't understand your argument at all. The government has the ability to make laws that do not infringe upon our rights. The Constitution is a beautiful document.
"Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Section 10 - Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
I do not understand how Section 9 gives Congress this power to do anything. Section 9 is a list of things that Congress may not do. It does not say that Congress may do anything that is not listed here. Section 8 is a list of very specific tasks that Congress is supposed to take care of. Jailbreaking phones does not fall under a single category of any of their tasks. I think you need to read the Constitution, for real. It is a simple document, it is short, and it is the most important document ever written by mankind. It is the only document ever written from the perspective of limiting the government, instead of trying to give the people privileges. We have rights, as free sovereign people. The government works for us. We do NOT work for the government, we do NOT have to obey it when it stops working for us. It is our duty to disband it, and start anew.
[citation][nom]lamorpa[/nom]"Apple, a public advocate which strives to keep a closed, secure platform, wasn't keen on the ruling..."No, "Apple, a public advocate which strives to keep a closed, CLOSED platform, wasn't keen on the ruling..."[/citation]
Indeed however Apple is known to bend the truth to fool the unenlightened courts, editing photos as evidence ect. Saying we like to keep our users locked up in the system so only we can milk our cows wouldn't be that great statement in court - Truth there rarely is good for most corporations after all!
Indeed however Apple is known to bend the truth to fool the unenlightened courts, editing photos as evidence ect. Saying we like to keep our users locked up in the system so only we can milk our cows wouldn't be that great statement in court - Truth there rarely is good for most corporations after all!
back_by_demand
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When it was illegal to begin with, people jailbroke their phones anyway
...
Suddenly it was legal, people continued to jailbreak their phones
...
Now it is due to become illegal again does anyone really believe there will be a drop-off in the number of people jailbreaking? Pointless legislation and totally unenforcable, just like prohibition was.
...
Suddenly it was legal, people continued to jailbreak their phones
...
Now it is due to become illegal again does anyone really believe there will be a drop-off in the number of people jailbreaking? Pointless legislation and totally unenforcable, just like prohibition was.
um, i own it. it is mine. as long as i don't use it to infringe on the rights of other people (the living breathing kind), then it is not up to anyone or any government to say otherwise.
DjEaZy
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... do they figured out, how much people buy the iOS devices to jailbreak? When they don't allow jailbreak, two thing could happen: iOS device buyers change sides to android or WP7 and/or how they gonna innovate, because in iOS devices most of the innovations are first found in cydia...
soccerplayer88
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Anything to stick it to the man!
Currently Jailbroken:
Ipod Touch 4g
HP Touchpad (TouchDroid-ICS)
Droid X
Currently Jailbroken:
Ipod Touch 4g
HP Touchpad (TouchDroid-ICS)
Droid X
if i were apple, i'd switch to a licensing model for the actual iphone hardware. basically, when an iphone is "sold", they make the user sign a contract that says the phone remains the property of apple, and the user is only buying the right to use the phone in certain ways. and then in small print outline all the restrictions on how the phone can be used.
i bet all the apple fans will still love it and apple will still make tons of money.
Again, this changes EVERYTHING.
i bet all the apple fans will still love it and apple will still make tons of money.
Again, this changes EVERYTHING.
wild9
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Let's say it's done by an illegal immigrant. How are you going to apprehend them? How do you even know who is in your own country, judging by the sheer scale of the illegal immigration problem in North America. This government has no clue whatsoever who is coming across it's own borders, who they're bringing, and what they intend to do once they cross. Anything goes. This is made much worse by this administrations indifference to the issue, it's lack of back-bone and it's pro-corporate policies that allow this situation to fester. But know this: if an American does it, it's the crime of the century.
The enforcement of law by police to protect us citizens from direct threats to our safety is a effective use of law. Governing whether we are allowed or not to build a deck on our house is not an effective use of law..I'm just paraphrasing.
Companies have the right to protect their intellectual property. They have the right to provide voluntarily updates that maintain security of the software and hardware. However, the idea that it is illegal to overcome these securities post-purchase is atrocious. When I buy a device off contract I should be entitled to do what I want to the device. When I buy a device off ebay or craigslist I am entering no contract with Apple, etc. I may be limited by a carrier's contract and if the their contract is breach both parties go their separate ways. People are not prosecuted for for putting a fresh install of windows on their PCs. I can do anything with the vehicle I own property or at the consent of another person and their property as long as I'm not infringing on other's rights and when I'm on a public road I must adhere to governmental law.
So despite the crap ruling against consoles, If I'm off in my closed little world with no networking, I should be able to do as I see fit, end of story.
People more and more are rejecting Gov't because of rules, regulation and taxation.
Companies have the right to protect their intellectual property. They have the right to provide voluntarily updates that maintain security of the software and hardware. However, the idea that it is illegal to overcome these securities post-purchase is atrocious. When I buy a device off contract I should be entitled to do what I want to the device. When I buy a device off ebay or craigslist I am entering no contract with Apple, etc. I may be limited by a carrier's contract and if the their contract is breach both parties go their separate ways. People are not prosecuted for for putting a fresh install of windows on their PCs. I can do anything with the vehicle I own property or at the consent of another person and their property as long as I'm not infringing on other's rights and when I'm on a public road I must adhere to governmental law.
So despite the crap ruling against consoles, If I'm off in my closed little world with no networking, I should be able to do as I see fit, end of story.
People more and more are rejecting Gov't because of rules, regulation and taxation.
dotaloc
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is this being illegal really expected to stop anyone? just curious.
things like this...called illegal, which are certainly not "Malum in se" never really bother me. the only benefit would be if it being legal somehow overturned the fact that it voids warranty.
anyone?
things like this...called illegal, which are certainly not "Malum in se" never really bother me. the only benefit would be if it being legal somehow overturned the fact that it voids warranty.
anyone?
Vladislaus
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[citation][nom]watcha[/nom]If you re-buy games you already own, you don't get charged.And this article isn't about Apple, it includes Android.[/citation]
Even though if this legislation expires it will make any kind of phone rooting/jailbreaking illegal, Apple was the only one that made a fuss about it when it was first introduced,
Even though if this legislation expires it will make any kind of phone rooting/jailbreaking illegal, Apple was the only one that made a fuss about it when it was first introduced,
tokencode
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[citation][nom]Camikazi[/nom]Consoles I can see not being allowed, since modifying them can cause them to no longer work on the networks or allow cheats, but smartphones and tablets? Jailbreaking or rooting those do not cause any problems it just allows full usage of the devices that I paid for. I don't see how those might not be allowed, the modifying of them won't allow you to make calls for free, it won't allow you to do anything illegal, it won't do anything but let you fully use the device you paid a ton of money for.[/citation]
You either own the device and have full discretion to do to it as you please or you don't Trying to make different laws/exceptions for different types of devices just muddys the water and invalidates the argument. What is the difference between a console, a phone and PC? Nothing really.... Why should one be legal to modify and the other not?
You either own the device and have full discretion to do to it as you please or you don't Trying to make different laws/exceptions for different types of devices just muddys the water and invalidates the argument. What is the difference between a console, a phone and PC? Nothing really.... Why should one be legal to modify and the other not?
[citation][nom]mrmaia[/nom]The device is MINE, and I decide what to do with it in my sole discretion.[/citation]
Yes indeed. But that's not what this is about. It's not really about making this illegal but to remove accountability from the manufacturor/retailer to the customer.
IF you jailbreak/root/hack your device THEN they want the legality to void warranty. They want to make sure that no customer sue THEM if that customer jailbreaks that e.g. iPhone and finds out that he can't make a call and blames Apple for it (while it could have been because of this jailbreak).
Cheers
Yes indeed. But that's not what this is about. It's not really about making this illegal but to remove accountability from the manufacturor/retailer to the customer.
IF you jailbreak/root/hack your device THEN they want the legality to void warranty. They want to make sure that no customer sue THEM if that customer jailbreaks that e.g. iPhone and finds out that he can't make a call and blames Apple for it (while it could have been because of this jailbreak).
Cheers
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Pointless waste of time
Unemployment at incredible rates
Still at war
Terrorism
People starving
99 weekers with no money to feed their family
Crime rates raising
a 4000 page healthcare reform that was rushed into law and NOBODY understands
and our government is worried about jailbreaking an Iphone?!
they just love to distract us from the real issues
Time for them to get to work
and stop it with silly nonsense like this
Where are our priorities in this country?
some kid just starved to death today in our country
but lets worry about jailbreaking?!
Unemployment at incredible rates
Still at war
Terrorism
People starving
99 weekers with no money to feed their family
Crime rates raising
a 4000 page healthcare reform that was rushed into law and NOBODY understands
and our government is worried about jailbreaking an Iphone?!
they just love to distract us from the real issues
Time for them to get to work
and stop it with silly nonsense like this
Where are our priorities in this country?
some kid just starved to death today in our country
but lets worry about jailbreaking?!
southernshark
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Of course Article 9 is also restricted by the Bill of Rights... even though it barely exists in America anymore. Congress is also restricted by States Rights. And of course Property Rights are also an area that Congress must respect.
Property is not just land, it is also things which I own. If I own a phone then I should be able to do whatever I want with it as long as I am not infringing on the rights of others. Making it illegal for me to modify the software is ridiculous.
Only in Neo- Fascist America would this ind of crap even be considered. It sure as hell wouldn't have flown in 1800 or even 1900. But today of course, its all ok in the land of the SHEEP.
Property is not just land, it is also things which I own. If I own a phone then I should be able to do whatever I want with it as long as I am not infringing on the rights of others. Making it illegal for me to modify the software is ridiculous.
Only in Neo- Fascist America would this ind of crap even be considered. It sure as hell wouldn't have flown in 1800 or even 1900. But today of course, its all ok in the land of the SHEEP.
upgrade_1977
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I don't really care about apple anymore. Waiting on windows 8, be nice to have a full fledged O.S. on phones and tablets. Then I can sell of my iphone and ipad. CAN'T WAIT. Sick of apple's shenanigans..
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