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On Sept 29, 24-year-old Daisuke Ikeda was arrested on suspicion of violating the Trademark Act. During the spring of this year he is accused of selling five iPhones with modified iOS operating systems that allow them to bypass Apples restrictions over which apps can be downloaded and installed on the device.
In this case, the process – widely known as “jailbreaking” – was reportedly done so that the iPhones could be loaded with a script that would allow the user to cheat at the popular Japanese game Monster Strike.
In the game players must flick their characters to deal damage to monsters. The video below is just an example of a cheat that can be done with a jailbroken iPhone (not the one Ikeda is accused of selling). In it, an app is used to alter the game’s code so that attacks give much more damage than usual for easy victories.
The investigation against Ikeda is still ongoing but his arrest on the grounds of violating trademark law is the first of its kind in Japan and has taken many people by surprise according to comments.
■ “When I first heard the news, I thought the guy was selling like 200 of them, but this seems kind of excessive.” ■ “I think it’s the ones (makers and carriers) selling devices that consumers can’t use freely that are committing crimes.” ■ “I didn’t know jailbreaking a phone was a crime. I think it’s only natural for people to want to use the software of their choosing.” ■ “So many other people did what this guy did and got away with it… I wonder if the people using the phones would be punished too.” ■ “Looks like he’ll have to do some real jailbreaking now.” ■ “Huh? Trademark law? I could see if he was selling them under the premise that they were regular iPhones. But should people be allowed to modify the phones that they own? I’m not sure how I feel about this.”
The reason why Ikeda is being pursued under the Trademark Act is the presence of the Apple logo. Because the phones he altered still bore the Apple brand on them, they could be classified as counterfeit goods, which of course are illegal to sell.
It seems to be a slippery-slope that law-enforcement are heading into that could lead into several other areas. For example, would selling any car that has had some customization work done on it technically be illegal if the vehicle still had the automaker’s logo on it?
However, this process is still the early stages and it will be up to the courts to decide if the concept of ownership still means what it used to.
Sources: NHK, Netlab, Hachima Kiko
Read more stories from RocketNews24. -- Still don’t want a smartphone? Japanese women might want you -- Small hands? Japanese Twitterer gets creative and makes handy case for the wider iPhone 6 -- Apple fans so eager for an iPhone 6 they’re lining up before it’s even announced
© Japan Today
22 Comments
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Yubaru
So, posting a video from an illegally hacked phone. Doesn't matter if it is Ikeda's or not, 2 wrongs don't make a right.
Strangerland
It depends on whether the video shown is from a phone that was purchased jailbroken, or was jailbroken by the owner. Ikeda is in trouble for selling jailbroken phones, not for jailbreaking them.
JeffLee
I wish the writer didn't start nearly every sentence with a prepositional phrase. Kinda' strange and annoying to read.
Mlodinow
Once again the police stepping in on a civil matter. If Apple don't like him doing that shouldn't Apple be the one chasing him? This whole law (among many others seems very messed up)
kiwiboy
Surely police have got better things to do! There's SO many people doing much worse. Go get them!
Mirai Hayashi
WTF? This law is so stupid!!!!
HollisBrown
So what is the answer to this? Why can people customize their cars and then sell them on?
dagon
Absolutely, when its it is a case of a local company defrauding employees, clients etc total inaction by law enforcement...Must be the reach of Apple and associated J-carriers
igloobuyer
JeffLeeOCT. 02, 2016 - 06:23PM JST
Examples please - I can't see any.
kaynide
The car example is a good one, and needs an answer. Does this means you must be licensed or something to sell/resell anything? What does this mean for bazaars that go on at preschools? What about those arts and crafts grandma makes for whatever festival that feature Mickey Mouse or Totoro? How would one even begin selling on ebay...?
I guess I am just not really sure I understand this...
Azzprin
So if he had painted over the logo, would he have been okay ?
I think it is more about him modifing the iOS operating systems that allow a bypass of Apples restrictions than him selling the phones with the Apple logo on them.
If some one can modify the iphone and bypass the Apple restrictions, then it makes the security of iphones look shaky.
bones
Shouldn't the police be chasing real criminals ? Oh wait that would mean they would have to arrest some of their own!
gogogo
Firstly, this is perfectly legal in other countries.
Second.
As crazy as this sounds ANY customization of a car in Japan is illegal, it just not enforced very well. If it's really obvious when you get your shaken you have to remove all the mods (then put them back) or find someone that over looks it all.
Strangerland
It's not easy. Back in the day, they used to release a jailbreak within a day or two of each iOS update, but as of a few years ago, it took months for hackers to find a hole in the system to be able to jailbreak it, and to install the jailbreak took special tools, that the user had to download and use to jailbreak their phones. Once a jailbreak was released, Apple would reverse engineer it to find the security hole, and on the next iOS update (usually a few days later), they patch the hole and the jailbreak can no longer be used.
The point being here is that the security is not shaky at all. iPhones are extremely hard to hack (jailbreak), and require the owner to want to do it, it's not something that can happen passively. Teams of hackers take months to do it, and Apple patches the holes right away.
The other point is that no system is un-hackable. Enough people with enough motivation and enough time will be able to hack it. However, there are other protections in place for online systems to prevent this - strong online systems will have access monitoring to see who is accessing their system, and what they are doing, and if behavior looks suspicious, they will block the person. This means that hackers can't easily get the access time they need to be able to hack the system.
Dan Lewis
Are not both jail breaking and selling a smartphone legal? How is this a crime?
gogogo
Welcome to Japan where big business rules
Magnus Roe
Ridiculous.
onedragon
If Apple Japan had any b@lls they would just give him a job. Japanese phone carriers are the ones who should be scrutinized more.
nath
"The reason why Ikeda is being pursued under the Trademark Act is the presence of the Apple logo. Because the phones he altered still bore the Apple brand on them, they could be classified as counterfeit goods..."
This is completely illogical. The goods are in no way counterfit. They are modified Apple products. For example, if you add after-market parts to your Nissan to improve its performance or handling, it is no longer a Nissan?
Alex Einz
Seems like its the game maker that pushed for it.. since it was rendered legal to jailbreak phones in US and EU .. its highly unlikely for apple to actually push for it in JP market.... most likely the game maker had enough.
Fadamor
This is the real Apple, Inc. They want absolute control over anything they make and when you buy something of theirs you agree to this control.
A guy made a computer from scratch and set it up to run the Apple OS X. He legally purchased copies of the Apple OS and then offered the computer with the OS on the internet. Apple sued him to stop the sales. If you read the fine print in the Apple OS X End-User License Agreement, it forbids third-party installations of Mac OS X. (i.e. NO ONE BUT US!)
nath
After a bit of research, a better example might be remapping your engine control unit software, which will in some circumstances void your warranty and may disincline dealers to service your car, but will not change the make of your car or render it counterfeit... the issue is wrapped up in the ownership of intellectual property (in both cases the software), which resides with the manufacturer. You license it when you buy the physical product, but the manufacturer maintains ownership of the intellectual property, not the purchaser.