Is it illegal to create your own mobile phone apps?

Apple would like you to think so, judging by the diligence with which they are going after people who create rival mobile phone applications for the 65,000-plus apps already populating the iPhone App Store.

In order to install these apps, you see, your iPhone has to be jailbroken. Apple has made quite a stir with its claims that jailbreaking phones is illegal. They’ve tried to back this up by claiming that jailbreaking causes everything from crashing cell towers, drug dealers running wild and threats to National Security.

It all started when an organization called the Electronic Frontier Foundation (EFF) requested a Digital Millennium Copyright Act (DMCA) exemption last year to allow iPhone users to run software that has not been authorized by Apple.

While there’s limited evidence that jailbroken phones can cause more spamming, we haven’t yet heard of any international terrorist rings ganging up with the drug dealers, and the nation’s cell towers seem to be in the same annoying state as ever.

But Apple is right in one respect: Doing anything that violates genuine existing copyright is definitely illegal.

But legally, does that copyright really exist, if the EFF can ask for an exemption? A copyright is a copyright, isn’t it? (What’s this “exemption” stuff?)

Meanwhile, the arguments in the forums rage one: “But what if you create your own app from scratch?”

Ah, but it’s an app for Apple’s particular handheld.

Does this really constitute copyright infringement?

That’s like saying it’s a copyright infringement if you write a little program that runs on your Compaq Deskpro. Well, hey, it also runs on your buddy’s Hewlett Packard, your mom’s Dell… does this mean your program violates Compaq’s copyright protection?

The lines blur between the hardware, the operating systems and the digital property.

True, the Apple OS is unique, but didn’t they open the door to this sort of problem when they allowed cross-computer compatibility with Microsoft-based PC’s?

The truth is, we could argue the legality of mobile app creation for Apple iPhones till the cows give up and migrate in droves to Argentina – but it doesn’t change the basic fact that Apple is highly resistant to anyone installing an app they didn’t personally create (and sell).

(And you thought Microsoft was the only one interested in monopolies?)

One thing you will speedily find out – many of the money-making “create your own iPhone Apps” links on the net have recently been disabled and removed, leaving behind notices like: “This site is no longer in service, or has been disabled due to a terms of service violation”.

That’s what you risk, if you try to distribute the app you created (or information on how to do it) over the net.

Instead of complaining about users making their own apps and trying to scare us all with rampaging terrorists, Apple would do better to feverishly start taking notes.

Or better yet, create a “Create Your Own App” app, with options users can customize.

The bottom line remains, if the apps people really want aren’t available, then users will create the mobile phone apps they want. Especially a generation used to instantly accessing any fact floating around the galaxy, to whom freedom of expression is the only absolute right.

And besides, breaking a thing to put your personal stamp on it and make it your own seems to be just part of human nature.

`Exploding Fart’ apps, and all.

Fred Lotgering
LotCon Biz Solutions
Profit from Mobile Websites