We have recently seen that Apple had deposited a new patent to control our iDevices in case of fraudulent use : it means if your iDevice is jailbroken or not !
You can also note that several users has reported that some apps like Mon Budget du Credit Agricole on the AppStore detects if your iDevice is jailbroken.
Chpwn, member of the Dev Team has said that a new jailbreak (for iOS 4.1 ?), they could disable this kind of spywares.

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