There’s really no communities like the ones that surround “illegal” activities in software and the internet. These “black hat” communities are some of the most active communities online.
The thing is that it’s simply illegal to do some of the stuff they’re doing. The problem (or challenge?) is that these communities develop some of the most innovative solutions to software, hardware, and devices that exist today. It’s not uncommon for some of the best products to literally send a “hat tip” to the hackers for “helping” make their products “better” (or more secure, etc).
Innovation at any cost?
Hacking iPhones and “jail breaking” them is extremely common. In fact, I know many Christians who actively engage in jailbreaking their devices.
I’d venture to say that downloading software and sharing license keys way beyond the original registration is just as typical outside the church walls as in, much like the divorce statistic for Christians/non-Christians.
What’s your take on ministries using software that’s been downloaded (not purchased), jailbreaking iPhones, etc?
I guess the question is this: Do you turn a blind eye or do you speak up?
Travis says
Is jailbreaking an iPhone the same as illegally downloaded software? I would not be redistributing copyrighted material or using any illegally downloaded material. I am simply modifying something that I own (and certainly not reselling it). I liken it to putting a new air filter on my Bronco or painting it for that matter. Once I own it, its mine to tweak. Isn’t it?
I also think that jailbreaking is different from unlocking, which opens you up to alternate providers.
I know at the Apple store they don’t care. I have a friend who is a Mac Genius who has a jailbroken iPhone and he says he regularly works on them.
Jmayhak says
related article:
http://gizmodo.com/5477732/the-myth-of-iphone-app-piracy
JayCaruso says
Well, I don’t think anybody can excuse downloading software and using it without paying for it.
But here’s a question. Is jailbreaking an iPhone illegal? I know Apple has claimed it is illegal, but their reasoning replies on suspect legal interpretations. There’s more info on that here:
http://www.eff.org/deeplinks/2009/02/apple-says-jailbreaking-illegal
Bottom line is, for me installing and using pirated software? No way.
Jailbreaking an iphone to unlock other capabilities? Not illegal and in my view, it’s not even unethical.
Adam Shields says
My understanding is that you are right in this. There is something different between violating a license that imposes restrictions that are no legal to be imposed and stealing something. Apple can claim that it is a violation of their license but if there is a specific exemption that makes it illegal to prevent the unlocking of phones then it would seem that Apple is in the wrong, not the jailbreaker.
Stuart Dyckhoff says
Jay – you took the words out of my mouth … again 🙂
I would clarify my stance a tad further by saying that when it comes to ministry there is never an excuse for using downloaded (i.e illegally obtained) software. For an individual christian to do it would be a pure matter of their conscience, but a ministry affects far more than just one person.
I recall having to discuss the fact that Napstar allowed my vicar brother in law to illegally download music. I forget his argument now but it was quite amusing at the time…
Nick Shoemaker says
I speak up.
I was preparing for a service last year, and we wanted to utilize a clip the The Passion of the Christ. We purchased the resource dvd from the licensing company, but the dvd wasn’t going to get to us in time for that weekend. I called another church in our area and asked their media director if they had it. My jaw hit the floor when he told that they didn’t and that “between you and me, I just grab whatever I want to use. It doesn’t really matter.”
I was shocked. We ended the conversation and it just didn’t sit well with me. I talked with my mentor about a few minutes later, and we both agreed that talking with him was the right thing to do- as called for in Matthew 18.
I called him back and asked for clarity on what he meant- just to be sure. He clarified that what he said was correct, and, as humbly as I could, told him that it was wrong for him to do this. He stated that he understood and said he would not do that anymore.
What about Limewire? If you’re paying, fine. If not- delete that junk.
I have three guidelines for determining my participation in anything questionable.
I ask, “Is it:
• unethical- would others question it? why or why not?
• immoral- is it contrary to God’s will for my life?
• illegal- when I get caught, are there legal consequences?
These three points, for me, really cut the fat from a lot of self-arguments.
One more thing: what does wisdom say? There are grey areas in scripture and life. When I encounter one of these, I seek out a mentor or trusted friend (not Google).
Turning a blind eye is cowardice. Yes- it’s easier. But, it is not the call that God has placed on His followers towards each other.
JayCaruso says
Nick, playing a clip from the DVD itself is not necessarily a violation of copyright. There is “fair use” rights for media where permission is not necessary. Now, as for the legal implications, it all depends on what is “fair.” A 30 second clip of a 3 hour movie doesn’t constitute to me a violation of copyright, but somebody else might feel differently.
Quite honestly, I think the holders of copyright have gotten absurd with their copyright violation claims. The latest of course, is Rupert Murdoch who claims Google is “stealing” content simply by linking to it from search engine results. We’ve also seen Scientologists use DMCA and other claims of bogus copyright infringement to shut down websites critical of their practices.
Just to to be clear, you didn’t specify what he meant by “grab whatever I want” so if he obtained it illegally to just use a clip, then yes that would be wrong. However, if he had the DVD and ripped it to use 25-30 seconds, I think that falls under fair use.
Nick Shoemaker says
Jay, you’re right about fair use. However, the site for Passion explicitly says that only clips from the media promotion kit may be used outside of a home setting. This includes churches.
Secondly- if you look at things from the fact that we (and the other church) were transforming the clip (putting our own graphics and mixes with it, et cetera), in this instance, if we didn’t go through the proper channels (media kit) copyright violation would have occurred.
Would our showing of the clip have caused “excessive economic harm to the copyright owner”? Probably not. But, that doesn’t negate us from doing the right thing and paying the $25 for the promo/media kit.
The thing that is most alarming to me is that churches take a stance that they don’t need to adhere to copyright. This is foolish. This is completely contrary to Christ’s own commandment to “render unto Caesar”.
So- just showing the clip. Fine. But if you want to edit that clip, add your stuff to it, and all that- you need permission.
Will P says
If you read the agreement at the beginning of the movie, you would know showing the clip without prior proper permission outside of a “home” setting is a breach in copyright, DMCA, etc etc.
Just saying.
JayCaruso says
That’s not necessarily true. That would apply to showing the entire film, not just a clip. The following website has information that would applicable:
http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/
Particularly in Nick’s example, we’d be looking at guideline two:
TWO: USING COPYRIGHTED MATERIAL FOR ILLUSTRATION OR EXAMPLE
DESCRIPTION: Sometimes video makers quote copyrighted material (for instance, music, video, photographs, animation, text) not in order to comment upon it, but because it aptly illustrates an argument or a point. For example, clips from Hollywood films might be used to demonstrate changing American attitudes toward race; a succession of photos of the same celebrity may represent the stages in the star’s career; a news clip of a politician speaking may reinforce an assertion.
PRINCIPLE: This sort of quotation generally should be considered fair use and is widely recognized as such in other creative communities. For instance, writers in print media do not hesitate to use illustrative quotations of both words and images. The possibility that the quotes might entertain and engage an audience as well as illustrate a video maker’s argument takes nothing away from the fair use claim. Works of popular culture typically have illustrative power precisely because they are popular. This kind of use is fair when it is important to the larger purpose of the work but also subordinate to it. It is fair when video makers are not presenting the quoted material for its original purpose but to harness it for a new one. This kind of use is, thus, creating new value.
LIMITATIONS: To the extent possible and appropriate, illustrative quotations should be drawn from a range of different sources; and each quotation (however many may be employed to create an overall pattern of illustrations) should be no longer than is necessary to achieve the intended effect. Properly attributing material, whether in the body of the text, in credits, or in associated material will often reduce the likelihood of complaints or legal action and may bolster a maker’s fair use claim.
Prior to that there are two questions that need to be asked in order to determine whether or not the use of the copyrighted material is fair:
1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
Both questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner.
I believe it would be a very tough case to make that somebody was engaging in copyright violation for using a 15-30 second clip of a feature film from a DVD for illustrative purposes in a church service.
JTK says
I have to admit, I use to use bit torrent a lot. But I since I have tried to stop my sinful way, that is one I try to be conscious about. It is hard, epically with music or books but I know that it is a sin regardless of the style. Would it be OK for me to walk in an Apple store and take Photoshop off of the shelf without paying? Nope.
Yohan Perera says
I wish that all Christians start thinking like you, and turn back from the new fashioned way of stealing…
Eric Granata says
Breaking copyright law and stealing software is not an okay practice for churches, I don’t care how expensive the software or license to display publicly is. If the message is important, you’ll either pay to use or find another way.
I didn’t know jailbreaking was illegal. I jailbroke an AppleTV to run Flash for a project I was working on for my church without hesitation.
Ted Carnahan says
I’m not an iPhone user, and I really don’t know what Apple has to say, but I’m a bit mystified that it could be illegal for me to use a capability on a device that I paid for. That’s one of the reasons I try to stick to free and open source software (and devices!) as much as possible.
John Saddington says
i like that.
Travis Fish says
I’d have to agree with everything except for jailbreaking. I know that Apple has said it to be illegal although when my iphone’s silence button broke, apple refused to fix just the button and said I would have to buy an entire new one. Well I obviously wasnt going to do that… And I have to have my phone silent during class and meetings so I looked for ways to fix it. The only way to fix it involved jailbreaking it so that I could replace my text tone to a silent tone. I feel like this is a legitimate reason to jailbreak it.
Yohan Perera says
Dear John,
Honestly speaking I said good bye to pirated software and started going for opensource and freeware stuff couple of months ago.
This is the only reason. Software piracy, jail breaking i Phones, using software that’s been downloaded (not purchased) is the hi-tech sin of violating the 8th commandment of God’s law (thou shall not steal….)
Why should I put my soul at risk just because of a software programme??
I may able to gain all the nice software and iPhones in the world. But what use if I loose my soul…??
Now to answering the question “Do you turn a blind eye or do you speak up?”
I even blogged about software piracy and what the Bible says about it? (Not to spam your comment box. But here’s the link… http://www.virtualpreacher.org/contemporary-issues/what-does-the-bible-say-about-software-piracy-part-1/)
May be I am too extreme…. Nothing to loose even if my views are wrong. If I am right, I can be happy – because I know that Christians who reads my blog post are committed ones will come back to their senses and repent.
Yohan Perera says
Sorry… This is the correct link:
http://www.virtualpreacher.org/contemporary-issues/what-does-the-bible-say-about-software-piracy-part-1/
John Saddington says
this is great!
Aaron Melton says
Just because I rip the label off my mattress doesn’t mean I stole it.
You can not equate jail-breaking to piracy.
John Saddington says
but i just did… … 😉
good point.
JayCaruso says
Let me just add however, that while I don’t think it is illegal or unethical to jail break an iPhone, once you do it, you void your warranty. If you turn your iPhone into a brick trying to jail break it or any time after that, if you seek to take advantage of the warranty, then you’ve crossed the line.
Will P says
Jail breaking your iPhone is not black hat hacking. It’s not even “hacking” you’re just clicking some buttons. Stop this FUD.
Do I feel that the practice of unlocking, jail breaking, etc is unethical, illegal, or a sin? NO. Plain and simple. The bottom line is that the phone is YOUR property. Do with it what you will, just don’t come crying when you bork it up. As long as you are not participating in the app store clone, nothing you are doing is illegal.
Big America makes up all of these laws to keep Johnny Boy under their thumb for fear of a massive lawsuit you’d never be able to fight because they have more lawyers than you have friends.
As for software piracy in the church. That just needs to stop. Most every company has some sort of non-profit, educational, etc pricing which makes their software dirt cheap. If that is too expensive still, there are many quality free, as in beer, alternative to explore.
Aaron Melton says
ouch.
John Saddington says
hey will.
🙂
just bringing it up. I wasn’t saying it “was” or wasn’t, but merely trying to start a convo. 😉
Will P says
That’s the exact problem with journalists, pundits, commentators, etc. of today.
John Saddington says
ah. guilty?
Jonathan says
Look, I think it’s a great thing that we all are striving to find some moral guidelines in our lives, and all of that wonderful jazz.
But to look at a situation and just swallow all of the “facts” is to be quite stupid. For instance… We forget a few very important distinctions when it comes to, for instance, the piracy of Adobe products.
I’ll openly say that I pirated Adobe CS3. The truth of the matter is that there was no way, at ALL, that I was going to buy the suite. I wasn’t using it for work… I was a high schooler trying to learn the program. However, as I continued to use the program, I learned more and more about how powerful, etcetera, the program was.
So, I ended up buying CS4. It is very, very likely that I never would have bough CS4 at all if I had not originally pirated CS3. So, what gain would Adobe have if, like me, a ton of know-nothing designers didn’t learn on pirated copies, if we weren’t going to buy the copies anyway?
This is a devil’s advocate point of view, I understand, but I think it is important to really look at an issue holistically rather than microscopically… Jesus definitely supports this concept. Can we all just remember the “rules” he broke? And the reasons he broke them? Come on… Show a freaking clip of Passion if it’s going to change someone’s life. At what point does this “rule-following” that really comes down to pure materialism, anyway, interfere with our ultimate life goal, which is to further the present and future Kingdom of God?
Let’s all copyright the Bible. Then, let’s see if open-sourcing the bible becomes an ethical issue. I highly doubt that we would stop reading verses from the pulpit without receiving proper “permissions.”
Again, be nice… I’m just offering devil’s advocate argument.
John Saddington says
thanks for adding to the convo. good and different perspective.
PhillipGibb says
maybe it comes down to the letter of the law? and if that is a bit fuzzy then it comes down to your convictions on the matter – if you think it’s wrong then it most likely is. For me; I think that we should not be. Piracy and copyright infringement grates me when it is used. Technically we cannot even rip a DVD into better compatible format for presentation even if we are allowed to show the DVD. That grates me.