Pluralistic: Jailbreaking isn’t theft (25 Jun 2026) – Pluralistic: Daily links from Cory Doctorow

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Jailbreaking isn't theft: It wasn't progress when they did it, it's not piracy when we do it back to them.

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Jailbreaking isn't theft (permalink)

It's not often that someone on a panel says something that makes my jaw drop, but that's what happened earlier this week when the moderator of a panel I was on in Toronto described jailbreaking an iPhone as "rampant theft of IP."

Some context: the panel was in Toronto, and the nominal subject was "digital sovereignty," though all the panelists (except me) interpreted that to mean "sovereign AI." All of their interventions were focused on how Canada could build and operate its own AI, which I found very weird, since there is no AI-related threat to Canadian sovereignty. If Donald Trump ordered OpenAI and Anthropic to turn off all of Canada's chatbots tomorrow, nothing would change: every firm, ministry and household would operate as per normal:

https://pluralistic.net/2026/06/18/their-trillions-our-billions/

Now, that's not to say that Canada doesn't have a digital sovereignty problem – it really does! Donald Trump and US Big Tech have fused into a single entity and Trump now orders US tech giants to terminate the online accounts of foreign officials who displease him. When Microsoft turns off your Office365 account, you lose your working files, your calendar, your address book, your email archives, and the Outlook email address you use to log in to every online service:

https://pluralistic.net/2026/04/01/minilateralism/#own-goal

So while turning off Canada's chatbots would not inflict any real harm on Canada, M365 terminations could paralyse any federal or provincial ministry, any structurally important firm, and most Canadian households.

The threat doesn't stop there: Trump can also order Apple and Google to brick any of Canada's iPhones or Android devices – terminating individual officials' mobile access, or terminating whole provinces. It's not just iPhones either – Trump can also brick any tractor in Canada:

https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/

This is the real digital sovereignty risk, and Canada needs to address it now. But Canada can't – our hands are tied…by us. In 2012, we passed a law, The Copyright Modernization Act, that criminalizes "jailbreaking," meaning that Canadian companies can't go into business figuring out how to install different app stores on phones and consoles, or change the firmware in tractors to enable independent repair, or reliably export their cloud data to rival Canadian services:

https://pluralistic.net/2025/05/26/babyish-radical-extremists/#cancon

Why did we pass this law? Because the Americans promised us free trade and no tariffs on our exports if we agreed to it. That's a promise Trump tore up, but we're still holding up our end of the bargain. That's crazy. It means that American companies can use Canada's courts to destroy Canadian businesses that offer the Canadian people tools to help them escape Big Tech's sleazy ripoffs of their data and cash.

And boy do those US tech companies take in a lot of cash. The US ad-tech duopoly of Google/Meta rig the advertising market, taking 51% out of every ad dollar through an illegal, collusive arrangement called "Jedi Blue":

https://en.wikipedia.org/wiki/Jedi_Blue

The US mobile tech duopoly takes 30 cents out of every dollar spent via an app, by forcing every app vendor to use their payment processors, which charge 1,000% more than any other payment processor in Canada. That means that every time a subscriber to a Canadian news site signs up through an app, 30% of the lifetime subscription revenue for that Canadian subscriber is funneled to one of two California companies.

The corollary, of course, is that if Canadian businesses were free to compete with US companies – if Canada stopped foolishly holding up its end of the bargain that Trump has dishonoured – then it would be as though every Canadian news outlet increased its subscriber base by 25% overnight! What's more, the Canadian companies that sell those jailbreaking tools would make billions out of US Big Tech's billions.

And that's where the moderator of this week's panel comes in. When I finished making this pitch, they turned...