AT&T Unleashes Lawyers on iPhone Hackers
Mon Aug 27, 2007 9:49AM EDT
See Comments (164)
After a rash of reports over the weekend of hackers who managed to unlock the iPhone—ranging from the iPhoneSIMFree.com team to a 17-year-old kid in New Jersey—AT&T has unsurprisingly decided to rain on the parade, with a little help from its legal team.
So, all this begs the question: is it legal to unlock the iPhone? Engadget asked a copyright lawyer that very question, and got a rather nuanced answer. According to the attorney, iPhone unlockers are most likely protected by an exception in the DMCA (a law that prohibits the cracking of DRM schemes) that lets you unlock your own phone for the "sole purpose" of using it "lawfully" on a cellular network. However, you can't unlock a phone (including the iPhone) and then sell it; also, Apple and AT&T are free to sue you on the basis of other laws besides the DMCA (and they certainly have the resources—and the incentive—to do so). Bottom line? The lawyer seems to believe that you're probably in the clear as long as you're just unlocking your own iPhone and not selling it on Craigslist; then again, there's no telling what Apple and AT&T have up their legal sleeves. Also, on a practical note, keep in mind that unlocking the phone will probably violate your warranty, so if anything goes wrong, don't look for sympathy from the Apple Genius Bar.
Related:
AT&T Cracks Down On Commercial iPhone Unlocking Groups [Gizmodo]
Know Your Rights: Is it illegal to unlock my iPhone? [Engadget]
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147 Posted by jmatking on Thu Sep 3, 2009 4:37PM EDT Report Abuse
What kind of car did the kid get? One thing I am curious about is this. There was a change in phone number assignments by the FCC sometime in the recent past that allows cell phone owners to transfer your cell phone number to a different network. So if thats true, why would AT&T have a legal ground to stand on for the ownership of a phone? And if AT&T can charge for a battery change. I think they may have violated their own contractual agreement by the FCC full disclosure rules. Which would make any claims by AT&T null and void. Sorry AT&T, you lose again?
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148 Posted by x_misa.misa_x on Thu Sep 3, 2009 10:54PM EDT Report Abuse
Deborah you seem to think that everyone that supports the "I gave my money for this device. I should be able to do what I want with it" theory has bought the crappy iphone. I haven't but if I did I would make darn sure I was paying the service provider of my choice. If someone pays hundreds of dollars for a phone, I think they should be able to use it. So does the law. That's why unlocking them isn't illegal. I don't think people should make money by simply unlocking phones but then again it is nothing more than greed by these huge companies to lock them in the first place.
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149 Posted by martykline56 on Thu Sep 3, 2009 7:09PM EDT Report Abuse
Like nearly all things in the USA, it's all about the money. If you need an iphone, you will pay...ATT and Apple will see to it. And, don't mess with profits, you will find out just how insignificant you really are to these people...and the lawmakers.
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150 Posted by jason_aney on Thu Sep 3, 2009 4:29PM EDT Report Abuse
AT&T licks poo! poo!
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151 Posted by orion_anu on Thu Sep 3, 2009 7:46PM EDT Report Abuse
The reality is that if you as low abating citizen perches a product with your own hard errand money and have the Genius to unlock the its operating system there shouldn’t be any legal actions taken towards this individual. The Company that placed this produced on the market should let there current Engineers go and Give this Young man a JOB. Once I by something nothing can hold me back from Enhancing or Modifying the produced If necessary to operating the way I feel appropriate as the consumer to accomplish the task that I deem necessary.(^_^) AT&T and Mac cant create a monopoly to where they can limit the way you use your product or can they? They are trying to do the same thing that the Oil companies have been doing for the last 30 y/r = find the Technology that will cause them to loose billions of dollars and supers it so that no one can use it without federal actions taken against them ( The new technology for Hydrogen cars was created by German engineer back in 1940, basically this person figured that through the process of Electrolyses he could have a car than ran on Water H02 and have the Engine separate the hydrogen from the Water and have the car powered by Water but guess what water is free and we couldn’t give people Free Energy without taxation because this just doesn’t make any sense to the Government what we will do is provide a cat that is powered by Hydrogen and make you By the Hydrogen at a filling stations to keep the money coming in. (^_^) ORIRON_ANU
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152 Posted by motogrrl2 on Thu Sep 3, 2009 7:26PM EDT Report Abuse
why this isn't illegal: http://wiredpen.com/2006/11/28/copyright-office-acts-for-consumers/ [A] ruling by the U.S. Copyright Office that went into effect Monday now allows cell phone users to legally break the software "lock" placed on their cell phones and move their phones from one carrier to another.
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153 Posted by adarklunargoddess on Thu Sep 3, 2009 2:45PM EDT Report Abuse
As much as I LOVE my Ipod and think the phone is amazing, NOTHING NOTHING NOTHING could seduce me to deal with ATT's inferior service, I will stick with the V - they will come up with something...
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154 Posted by ghechiman on Thu Sep 3, 2009 4:08PM EDT Report Abuse
I find it interesting that people are attacking a company that in partnership with another company (Apple), who invested a great deal of money and resources to develop an inovated new product, should not be able to protect their product from those who might seek to capitalize of their hard work and creativity.
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155 Posted by carmonaje on Thu Sep 3, 2009 3:18PM EDT Report Abuse
I THINK EVERYONE HAS A RIGHT TO THERE OPPINION! BUT I DO HAVE TO SAY WITH CELL PHONE BILLS AS HIGH AS THEY ARE YOU WOULD THINK IT IS YOU'RE POROGOTIVE IETHER WAY.
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156 Posted by slcheong_2000 on Thu Sep 3, 2009 9:27PM EDT Report Abuse
I am not sure why people like to circumvent agreements that they signed willingly. the guy that received a car and more iphones is a techy nerd who sees the world as his to hack...of course, the first time his bank account is hacked by a guy from Romania, he will understand the other side of the story...
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157 Posted by devilmonkey_1192 on Thu Sep 3, 2009 3:42PM EDT Report Abuse
Its a stupid phone. Jesus.
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158 Posted by haitiman2004 on Thu Sep 3, 2009 4:15PM EDT Report Abuse
att is a company which has stocks that people. stop buy them and tell your family to do the same. call your senators
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159 Posted by sweetdanae250 on Thu Sep 3, 2009 9:51PM EDT Report Abuse
I think that either way all the cell phone companies screw us over whether with a crappy phone or outlandish phone bills and "extra charges" I had AT&T for my hime phone. Those are the RUDEST most UNPROFESSIONAL individuals I've ever delt with. I will never us AT&T or rec. those services. Stick it to the man!
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160 Posted by vochoa0371 on Thu Sep 3, 2009 10:38PM EDT Report Abuse
1st thing first, how many iphones have they sold? Multiply that by the 4gb priced at 500 and the 8gb priced at 600. Well, the 4gb is a discontinued product now. They probably sold too many to count world wide. If they sold 100 million phones at 600 dollars a piece, Hmmm, that is a pretty good return and not counting the outrageous plans that ATT&T offers. Now they want to complaint that brainy people figured how to unlock their phones, that is too funny. By the way, if you have time to crack a phone, you should be at MIT or working NASA helping them with space exploration or just think of a way to save our ozone... Just a thought... I am not that smart to crack a phone but if I was, I would do something more meaningful to help our planet.
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161 Posted by vochoa0371 on Thu Sep 3, 2009 10:38PM EDT Report Abuse
I have to add... I do believe that ATT&T is not going after the hackers for unlocking the iPHONE but for selling it afterwards... Yes, we can do whatever we can to our phones but just remember not to purchase any additional warranty agreements. As soon as you open the phone the warranty is voided. Whom are you going to call once you purchase the unlocked phone and the screen has problems. The kid who unlocked does not have any in stock. That kid will just laugh at you and thank you for the car you traded that phone or phones for. Hahaha. That is why he gave more than one phone. Hahaha.
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162 Posted by lmjackso8 on Thu Sep 3, 2009 6:55PM EDT Report Abuse
AT&T loves our legal system I think they have lawyers still in the "AT&T consumer fraud" litigation from like 30 +or- years ago
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163 Posted by disguy7670 on Thu Sep 3, 2009 3:44PM EDT Report Abuse
I miss Cingular. Not an AT&T fan at all!!!!
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164 Posted by jlindblom on Thu Sep 3, 2009 4:36PM EDT Report Abuse
You can't unlock your own personal mobile phone?! Just plain stupid of AT&T to mention it! If they had any business sense AT&T should offer the service themselves (and charge dearly for it, if they wish), after all it's not a phone your given for free with the plan you pay big bucks for it!
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146 Posted by mb_dinger_05 on Thu Sep 3, 2009 7:12PM EDT Report Abuse
ATT AND APPLE SHOULD BOTH BE STOKED ON THIS LET PEOPLE BUY THE PHONES AND UNLOCK THEM THEY ARE STILL MAKING THE MONEY OFF THE INTIAL SALE RIGHT???YOU REALLY THINK IT COST $600 TO MAKE AN iPHONE COME ON SOME LITTLE KID IN CAMBODIA JUST MADE 3 WHILE I WAS TYPING THIS...AND WHY BOTHER NOW ON UNLOCKED PHONE HEY ATT GO ON EBAY AND SEE HOW MANY OF YOUR PHONES ARE BEING SOLD UNLOCKED