jail breaking and unlocking is legal as confirmed by the us federal court of appeal 2011-09-29

8/2/2019 Jail Breaking and Unlocking is LEGAL as Confirmed by the US Federal Court of Appeal 2011-09-29

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U.S. Declares iPhone Jailbreaking Legal, OverApples Objections

By David Kravets July 26, 2010 | 11:47 am | Categories: Copyrights and Patents, Hacks and

Cracksdmkravets 1,953 followers

Federal regulators lifted a cloud ofuncertainty when they announced it was lawful to hack or jailbreak an iPhone, declaring Monday

there was no basis for copyright law to assist Apple in protecting its restrictive business model.

Jailbreaking is hacking the phones OS to allow consumers to run any app on the phone they choose,

including applications not authorized by Apple.

The Electronic Frontier Foundation asked regulators 19 months ago to add jailbreaking to a list of

explicit exemptions to the Digital Millennium Copyright Acts anti-circumvention provisions.

U.S. Declares iPhone Jailbreaking Legal, Over Apples Objections | ... http://www.wired.com/threatlevel/2010/07/feds-ok-iphone-jailbrea

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At stake for Apple is the very closed business model the company has enjoyed since 2007, when the

iPhone debuted. Apple says its unlawful to jailbreak, (.pdf) but has not taken legal action against the

millions who have jailbroken their phones and used the underground app store Cydia.

Apple maintains that its closed marketplace is what made the success of the iPhone possible, and sold

more than three billion apps. Apple also told regulators that the nations cellphone networks could

suffer potentially catastrophic cyberattacks by iPhone-wielding hackers at home and abroad (.pdf) if

iPhone owners are permitted to legally jailbreak their shiny wireless devices.

Every three years, the Librarian of Congress and the Copyright Office entertain proposed exemptions

to the DMCA, passed in 1998. The act forbids circumventing encryption technology to copy or

modify copyrighted works. In this instance, Apple claimed the DMCA protects the copyrighted

encryption built into the bootloader that starts up the iPhone OS operating system.

But the Copyright Office concluded that, while a copyright owner might try to restrict the programs

that can be run on a particular operating system, copyright law is not the vehicle for imposition of

such restrictions.

A federal appeals court came to the same conclusion last week in an unrelated dispute about

dongles, or keys that grant access to software. The owners technological measure must protect the

copyrighted material against an infringement of a right that the Copyright Act protects, not from mere

use or viewing, (.pdf) the 5th U.S. Circuit Court of Appeals ruled in a case concerning a software

licensing flap between MGE UPS Systems and GE Consumer and Industrial.

Jay Freeman, who runs Cydia, said about nine million iPhones have his alternative marketplace

installed on their phones. If there was something on the books that jailbreaking was not exempt, that

would be painful, Freeman said. The Dev-Team, one of the main groups offering free iPhone hacks,

declared Mondays development as fantastic news.

Mario Ciabarra, chief technical officer of Rock Your Phone, which sells an application to turn an

iPhone into a Wi-Fi hotspot, said the the Copyright Offices decision is a big win for consumers and

applications developers and has given the jailbreak community the legitimacy it deserves.

Apple told regulators that modifying the iPhone operating system leads to the creation of an

infringing derivative work that is protected by copyright law. The Cupertino-based computer maker

also claimed that the license on the operating system forbids software modification.

Mondays decision, (.pdf) which applies to all mobile smart phones and not the iPad, does not require

Apple or other handset makers to allow jailbreaking. Instead, it makes it lawful to circumvent controls

designed to block jailbreaking.

In an April security bulletin, Apple said Unauthorized modification of iPhone OS has been a major

source of instability, disruption of services, and other issues.

The EFF contended that the iPhones embedded protection system was implemented by Apple as a

business decision to prevent competition and is unrelated to copyright interests.

Jailbreaking, the EFF maintained, constitutes fair use of the firmware tied to the operating system.


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Like

Regulators agreed, declaring Monday that the activity of an iPhone owner who modifies his or her

iPhones firmware/operating system in order to make it interoperable with an application that Apple

has not approved, but that the iPhone owner wishes to run on the iPhone, fits comfortably within the

four corners of fair use.

Apple spokeswoman Natalie Kerris said Apple wont change its policy that voids iPhone warranties if

a phone has been jailbroken. It can violate the warranty and cause the iPhone to become unstable and

not work reliably, she said.

Here is a how-to and legal primer on the issue.

Other exemptions to the DMCA announced Monday include:

*allow the unlocking of mobile phones to change carriers.

*allow the cracking of video game digital rights management controls to probe security flaws.

*allow the breaking of DVD encryption by professors, students and documentary makers so the clips

can be used for education and commentary.

*allow the blind to circumvent locks on e-books to enable read-aloud features.

*allow the bypassing of broken or irreplaceable dongles.

Last updated at 2:15 p.m. eastern.

Photo: Patrick H. Lauke

See Also:

iPhone Jailbreak Videos: A Legal Primer and a How-To

DMCA Exemption Unlikely for iPad Jailbreak

iPhone Jailbreaking Could Crash Cellphone Towers, Apple Claims

Student Arrested for Jailbreaking Game Consoles UpdateApple Accused of Stifling Speech About the iPod, iPhone

David Kravets is a senior staff writer for Wired.com and founder of the fake news site

TheYellowDailyNews.com. He's a dad of two boys and has been a reporter since the manual

typewriter days.

Follow @dmkravets on Twitter.

Tags: Cydia, hack, iphone,jailbraking

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Steve Jobs needs to take Acid again.

Some of the comments here are so stooopid -- as if the company only had the one (Copyright)

leg to stand on -- it is the EULA that will keep the vast majority of iPhone users from risking

their phone's usability & utility -- outside of nerd world, not many real people care two figs

about any of the things that you folks get so upset about -- calling Apple fascists or

communists or similar only serves as an indication of your juvenile misunderstanding of actual

life beyond the basements of your parents' homes -- why on Earth would any of you feel that

this is good for anyone ? -- it does not 'allow' for the jail-breaking, and the only real 'freedom'

issue here is your freedom to buy another product.

This is a HUGE win for owners of any kind of smartphone, not just iPhone users!

.

However, this is also a HUGE loss for Apple. I bet the number of jailbroken iPhones doubles

by years end as a result of this, and Apple will have less revenue as a result.

timinboey said: "Once hacked, is an iPhone the ultimate phone, making it worth all this


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bruhaha?"

Overall, I would say that the answer to this question is "Yes". Although, I suspect the Android

market will grow immensely in the next few years and probably surpass Apple's iPhone in all

categories.

BTW, have you ever played with a jailbroken phone? It's all the Apple could be if it allowed

more user interaction and customization. Apple makes decent machines, but all the restrictions

make it unattractive to me and many others. I can understand that you would not want a

jailbroken phone if you are not very tech savvy and just want the basic functions, however, if

you are part of the percentage of the population who enjoys the ability to customize your

phone as you wish, a jailbroken phone is delightful. There are many that cannot imagine going

back to the plain old boring layout and choices given by the iPhone's out-of-box OS after

playing with a jailbroken phone. It simply is not as much fun.

So, sure, an iPhone is perfectly functional out of the box...but some of us can't have fun

without coloring outside the lines!

It's funny that "freedom" is such a buzzword in the USA, yet companies are so eager to deny

people the freedom to modify equipment they've paid for. Yeah, I know. It's for their own

safety. Right.

This is actually an issue over property ownership. Who *really* does the phone belong to and

can you do what you want with your property?

I had no choice to but to jailbreak my iPhone in Afghanistan.

Non-jailbroken iPhone = Apple is responsible for anything your phone does or doesn't do


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within the system. That includes monetary liabilities.

Jailbroken iPhone = YOU are responsible for anything your phone does or doesn't do within

the system. That includes monetary liabilities.

However, if Apple bricks your iPhone after you jail-break it, I imagine there would be somelegal repercussions to doing so. They can legally refuse to service it, update it, and will most

certainly block access to their app store. But if they brick your phone (kill it through software)

and you suddenly need your phone for a 911 call, yeah, Apple would be held responsible in a

lawsuit since jail-breaking an iPhone is now legal.

Just remember, once you jail-break your iPhone, you can't blame Apple for anything your

iPhone does.

The comments here raise some really good questions in follow-up to this decision that will

need to be clarified eventually. @timinboey - while jailbreaking probably violates the

EULA/license, enforcing that in court would be extremely difficult for Apple, imho. Apple

would have to prove that the EULA even is enforceable, for one, which not all courts accept,

they would have to prove that it specifically applies to jailbreaking for two, which isn't

specifically mentioned, and they would have to prove DAMAGES for three, or how they

monetarily are hurt by an individual's jailbreaking actions. These seem problematic to me,

although I'm not an expert. Not to mention that they would be crucified for doing such a

bone-headed thing as suing their own users. A bigger question is the inevitable counter-

response by Apple and device makers. Will they seek to go nuclear and create devices with

'efuse' type technology that refuses to load or even bricks your phone if you install something

non-approved? Apple seems actually easier to hack than Motorola at this point, although that's

not Google's fault - the carriers and device makers are dinosaurs. Can Apple legally

auto-update to brick phones that are jailbroken? How much mischief can be done without

causing a counter-suit for breach of warranty or something else, like the one being brought

against Sony for removing the 'other OS' option? There's a lot left to debate. I'm disappointed,

though, that this seems to be a 'manufacturers v consumers' battle - why don't they want our

goodwill? The anti-jailbreaking arguments are all bogus - they would all apply equally to the

ordinary computer, which causes horrible system attacks via botnets and spam and identity

theft left and right and NOBODY is suggesting that we 'close' the PC. That would cut down on

most of the spam on the internet but we accept it as violating our rights - why should cell


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phone computers be any different?

for those who decry Apple's "closed" business model...you seem to either have forgotten, or

perhaps never been aware of...that before the iPhone, cell phones & their features were

practically non-existent thanks to the tyranny of service providers restricting nearly every

feature...aside from dialing.

it's bizarre that anyone would wish to see Apple disappear. They have an excellent product

line, they have an excellent OS. Further, in many, many ways they have revolutionized

everything from the world of graphic design to digital music delivery. OS X -alone- makes

Apple excellent, imho. Would all ya'll really MS have the only mass produced OS on the

market? If you can honestly say yes, then damn...it's you who are on the kool-aid & drunk on

MS's RDF.

as far as jailbreaking goes...Why do you care, Apple? Sure, I know you want us end-users to

have a controlled environment up to your standards of quality & usability. But, when I

jailbreak, I know full well that I & I alone take a risk when I step away from your controlled

parameters. Wasn't it Jobs, or was it Woz, or some other Homebrewer maybe?, who said

computers were created so people could do whatever they wanted..outside the tyranny of the

likes of Big Blue's sterile universe? anyway...blah blah.

I thing this judgment is great for consumers!!!!

And to all the "Apple is right and only has your best interests" people out there all I have to

say is It is a FACT that after you bought your Iphone for $400.00+ and it got STOLEN,

APPLE COULD EASILY locate and inform the LAW ENFORCEMENT AUTHORITIES ofthe location of the computer that is used to update,and download their precious apps!! but then

if they did that you wouldn't have to go buy another Iphone and they would loose money.

Apple Claims that the reason they won't do this is because they don't want to be Big Brother,

but at the same time they want to control any and everything you put on "their" device. Open

your EYES people, IT's all about MONEY and not personal freedom or "stability" or

"Security" issues!!!!!!!!!!


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There should be no smartphone jail to start with. It should be illegal because it infringes on

consumer freedom.

Apple will just re-incorporate their business formally as a religion (after all, it /is/ a cult, isn't

it?) and then they can get away with whatever they like. Freedom of religion, you see?

@halms - "majority of jailbreakers have illegally downloaded paid app for free"

.

Really? Where did you get that stat? I have used a jailbroken device for over 2 years now -

never once installed a stolen app. I've helped numerous others set up their jailbroken devices -

not for stealing, but for customizing the phone/mp3 player they paid for. In fact, I know only 1

person with cracked apps on his iPhone out of at least 20... I don't consider that a "majority".

.

PLEASE PEOPLE - JAILBREAKING AND STEALING APPS ARE TWO DIFFERENT

THINGS. I've even paid for Cydia apps that had features I wanted long before Apple rolled

them out (landscape texting, for one). If you want to argue the stability issue, we can have that

discussion (which will end in me telling you to quit whining and don't jailbreak your phone),

but those of us who choose to jailbreak and get the most out of our personal property should be

able to without the threat of legal repercussion.

Unauthorized modification of iPhone OS has been a major source of instability, disruption of

services, and other issues.

...

Apple was not immediately prepared to comment.


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.

Nor, apparently, to present one shred of evidence to back up its claim. Spiceweasel has already

mentioned the known (ie Apple) sources of instability so there must be a lot to make

jailbreaking a "major source".

.

We're waiting...

pradhanavs | 07/26/10 | 1:18 pm |

Well, this is good news for all the security companies who can launch new products legally

now that more people will jail break and expose their phones to security issues..

-----------------------------------------------

counterpoint: i have a jailbroken device and have yet to encounter any issues with security that

did not come from 'apple approved' sources such as their very own indiscriminate app store, or

customer info revealed by poor security at at&t and/or apple. how about those hacked accounts

that apple suggested the user was at fault and not their infallible system? and people wonder

why there might be people out there with concerns about posting a credit card number to their

account.

nothing is perfect, nothing comes for free, somehow you'll still live another day despite my

dirty, jailbreaking, 'gotta-be-a-pirate' ways.

as an aside, i really do enjoy the basic hardware and software available for the device line of

ipod touch/iphone/ipad. these are forward looking devices that, unfortunately, are locked into a

poorly considered (personal perspective; obviously profits are all most care about) walled

garden.

Don't worry, I'm sure Steve and friends will just lobby (aka bribe) some Congressmen to pass a

law explicitly making it illegal.


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WOW. This is so awesome that it actually restores a bit of my faith in government as

representatives of the people and not the corporations. This is an awesome precedent - it

suggests that the efforts of the teams rooting and jailbreaking their devices, iOS and Android

alike, are perfectly legal and actually an expression of the user's lawful right to use theirpurchased device in a non-infringing way. Let's hope it's a crack in the wall of closed mobile

phone policies industry wide.

The programming community for Cydia, and all the other wonderful freeware should be

respected for their hard work ( who cares wherever it was, in their parent's basement,

apartment, condo, ect).

So what if Jailbreaking makes your ipod/iphone more vulneable to other parties. Are you not

aware that the non-jailbroken iphone tracks and sends a lot of personal info back to Apple?

Pick your poison...at least the Jailbreaking community have a good cause and aren't exploiting

their users for more $$$.

If Apple doesn't want people to jailbreak. then they have to enable disk mode on iPod's in a

easy way like other Nokia phones, so people don't have to jailbreak. I know that Americans are

greedy people. But about technology restrictions...This goes way too far. You cannot limit stuff

to people, the most important thing is to have fun, not money always.

Why jailbreak? Because Apple screwed up, and you only discover that after using the damn

thing. Software seems specifically designed to delete voice memos, the more important the

more likely it is to lose them. Since there is no file browsing allowed the only solution is

jailbreak. That, and how galling Apple's greed and lack of response is, and the fact that I don't

have money to throw away on buying a device with better software, makes jailbreaking


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necessary. Apple does it.

This is a step in the right direction, however companies will still not download and use third

party applications such as TextGuard to archive their SMS messages since the warranty will be

voided out from Apple. Additionally, when dealing with compliance issues, the word

"jailbroken" just doesn't "sit well".

And fraud connected to information mined from jailbroken iPhones skyrockets in3....2....1...http://bit.ly/9ZKTpp

This is very great news! I for myself can't live without apps like SBSettings and Firewall iP.

Especially Firewall iP from CydiaStore, which can stop Apps from sending out data and even

block ads :D I feel safer with that tool.

What are your favorite Cydia Apps?

This may impact Google and Microsoft more than Apple.

FIrstly, this change doesn't actually make it make it 'legal', whatever that means, to jailbreak a

phone. It removes one particular legal obstacle in doing so, which was an implied copyright

infringement if you hacked the security.

It does not give you a a free pass to actually copy code as part of the jailbreak.

It does not give you a waver from the contracts that you have agreed to, as a user, including to


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not reverse engineer parts of the system.

But that aside, what impact does this have on Apple.

Apple has a pretty simple relationship with the iPhone user. They charge a premium price for a

premium phone, hardware and software.

While Apple manages the device and applications available for it in a way that some find an

issue, for most users this is actually a major blessing in that it minimises worry about malware.

For those who wanted an iPhone, but have found this unacceptable, then jail-breaking has been

available for some time.

It is noticeable that Apple was done little to prevent this, they have only discouraged it. They

have not prosecuted the originators of the hacks, in fact in some cases they appear to have

employed them. They have not changed they keys with each release of the software. They've

not done any number of things that they could have done to deliberately disadvantage users

who have jail-broken. Because if a few competent users choose to take responsibility for

maybe bricking their phones, well thats up to them. Apple have been paid and need take no

responsibility for the consequences.

If this takes off in a bigger way, I think that Apple's main concern will simply be to leave no

ambiguity in the relationship. i.e. that once you jail-break then Apple is not responsible for anyproblems that you may have. Thats down to the people who supplied the jail-break.

Yes, Jail-break software providers. If what you are doing isn't illegal, then you are much more

likely to actually get sued by the people who have problems - disclaimers or not.

However, what about Microsoft.

Presumably if I have a legal copy of XP and Microsoft wont activate it, because they say I've

done so too often, or because they want to force me to Vista/7/whatever, then by the same

logic I am entitled to break the security on XP in order to action my right to continue to use it.

Obviously we can't all do this so presumably we can share the break around. That'll cut down

on take up of new WIndows revisions!

What about Google


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Google are putting a lot of effort into their 'free' phone system, Android. They don't have the

simple customer relationship that Apple has. They presumably assume that they will make

their money later by using the system to channel users through their search engines to their

adverts.

They appear to retain the ability to control the form of Android that goes out to end users, andtherefore the ability, once they have build their market share with Mr Nice freebies, to lock

down the browsers and search engines that users can easily access.

So, brainwash-breaking for Android phones that, say, block the phone's ability to waste

bandwidth picking up advertising, would be OK too. That might be seriously popular on a

mobile device and might remove 100% of Googles return for investing in Android in the first

place.

Just a thought.

Quote: "... cause the iPhone to become unstable and not work reliably, she said."

With at least 11 defects on delivery what else could more "unstable and not work reliably"?

Sense finally is coming from the Federal government!

Great news! It's my iphone, I can do with it what I wish. I own a Jeep, if I want to modify, I

don't need Fiat's permission.

@RevBobDobbs23

.

ever hear of windows mobile? apps (they were called applications then) were available for that


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device long before the iPhone rumors even existed.

.

I'll grant you that without Apple, smartphones wouldn't be as prolific as they are now, I mean,

there are what 40 million iPhones? there'd be 40 million moto razr phones in its place, and sure

Android would still be out, but I bet it wouldn't have come to market quite as soon, and winmo

7 would look very different than it is going to.

That "1984" Apple TV commercial seemed like an ironic joke back when it aired.

It seems even more ironic in 2011.

This just makes me want to party. The FIRST bit of actual logic has finally implanted itself in

copyright law!!!!!! This is monumental! May common sense spread!

This made my day... and I don't even have a stupid iPhone... =)

Is there video of the part of the proceedings where they talk about dongles? Dongles dongles

dongles.

MACTARDS eat mahferdoms!!!!!


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Its nice to see someone strike a blow at the evil dictator steve Jobs, who has become the bad

guy he once claimed to be against. He has betrayed his original stance on freedom of usage.

Steve Jobs is guilty as his proxy company FoxConn is of unacceptably taking advantage of

comminunist slave labor in China, as he is of disinfranchising American workers in the name

of Profits for Apple Corp. And yes all phones should be open, you shouldnt have a drawer full

of wasted old phones simply because the providers have been allowed to dictate whathardware we use. Not only is it clearly a scam, but a shameful waste of hardware.

Shame on you Apple.

Apple's 'closed business model' does indeed go back as far as the beginning of the company

with the restrictions of Apple based Operating-systems being restricted to Apple hardware

(with the exception of a very brief experimentation with licensed 3rd party hardware in the

early 90s).

Does this decision have any legal implications for Apple's overall closed business model and

their non-iphone OS or is the legal decision really applicable only to iphones?

Apple can suck it!!!

Follow up thought: If you need to jailbreak your iPhone, why did you buy it? If it doesn't do

what you want, won't run the apps you want, you hate the closed Apple system, you hate

Steve, you hate fruit entirely, why did you buy one? Why did you not choose an Android or

one of the many other smartphones with their own systems that are available? People complain

about ATT, then they hate Apple, but then they go buy an iPhone so they can complain that

they can't hack it to make it what they want? Once hacked, is an iPhone the ultimate phone,

making it worth all this bruhaha?


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I believe this shakes down thusly: You're not violating copyright law by jailbreaking your

phone. Any phone, Apple or otherwise. However, you very well MAY be violating the license

agreement you agreed to when you bought/activated the phone, which is a contract legal issue,

and not a criminal legal issue (which is what jailbreaking was until now -- a legal criminalissue). So, once you break that agreement I imagine Apple would have the right to sue users

who break the contract (not that they would, and not that it would be feasible to do so) because

changes in law do NOT dictate changes in contract agreements. So even though you are no

longer greaking copyright law, you ARE breaking a legal agreement to which you agreed.

Further, the second you jailbreak the phone breaking that agreement, Apple no longer has any

interest in your phone and will stop supporting it, under warranty or in any other way, and may

indeed no longer offer you system updates, and may in fact offer updates that will disable your

jailbroke phone, thereby locking you into whatever system you happen to be running at the

time you hacked your phone.

Yes, jailbreaking opens your phone to considerable greater security risk as well. Despite the

hundreds who will no doubt post that their hacked phones continue to work just fine.

I have every right to put a Chevrolet fuel injection system on my Ford, but Ford no longer has

to warranty it, support it, nor provide a computer system that will run it. Yeah. that'll be better.

Whoooah! Apple has lost control of their business model?! Apple's secret success with the

iPhone revolved around being a closed system. Now that part of their business model is ilegall

and must be open, Apple is in total confusion and their foundation is falling apart! Investors

appear to agree. APPL stocks are slightly sinking.

@sampleguy, no one said 'freedom' meant there were no rules. Don't be a 'that guy'.

Having said that (it was ridiculous): Another poop sandwich for Mr. Jobs.


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I think it's ironic - now that an iPad is more open-source, you might actually see an

INCREASE in sales revenue for Apple as more people might buy such niche hardware for

very niche software purposes now that they can write their own.

jailbreaking is an excuse to get free apps. although there are ethical users, majority of

jailbreakers have illegally downloaded paid app for free. most never even bought an app. most

ppl i met that jailbreak, never buy apps. in fact, they were actually shocked to know that

someone actually bought apps for iphone.

anyway, i think apple should just let ppl jailbreak their ios devices. once someone bought it, it

belongs to the owner. like cars, if you mod the engine, the warranty expires. just dont support

jailbroken devices.

Motytrah is correct. There's nothing to stop APPLE from bricking a jailbroken phone at every

update and refresh. You can jailbreak the phone without breaking copyright law, and many will

to run systems they write themselves. This may even result in another pop in sales, now to the

residual waiting jailbreakers. But broken phones won't run APPLE software in the long run.

APPLE will see to that. Fear that next system refresh. :-)

The license still stands, but Apple doesn't have civil or criminal copyright law to go after

people. This wouldn't stop Apple from banning you from updates and the App store. Nor

would this stop Apple from refusing to honor the warranty.


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Strike 1 - AntennaGate

Strike 2 - AntennaGate Mud Slinging

Strike 3 - Jailbreaking

Mighty joboi has struck out....

NEXT!

NANANANANANANA HEY HEY GOODBYE ! NANANANA HEY HEY GOODBYE!

And good riddance...

@dcx_2

I'm quite certain, blocking someone's right to do something opens you up to lawsuits that you

will almost certainly lose. While I don't think it can lead to criminal charges, although it might,

Apple it lose a lot of money if it tries to stop you from jailbreaking your phone now.

I like jailbating too! I mean..breaking.

BTW -- this 'closed business model' goes back much further than 2007. Try 1979.

Whether or not they support jailbreaking or not is immaterial to me; their attempt to claim

legal authority and speak for law enforcement is morally repugnant and, to be honest, reveals a


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real Fascist mindset.

Well, this is good news for all the security companies who can launch new products legally

now that more people will jail break and expose their phones to security issues..

On the one hand, they can actively support jailbreaking. However, this might be a waste of

precious resources.

.On the other hand, they could actively deny jailbreaking. Release updates designed to stop

jailbreaks (or worse, brick them)

.

I would prefer a middle-of-the-road choice. Don't try to help or hurt jail breakers. Let them do

their own thing, and instead focus your resources on new products.

Jailbraking or Jailbreaking ?


jail breaking and unlocking is legal as confirmed by the us federal court of appeal 2011-09-29

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