AT&T Unleashes Lawyers on iPhone Hackers

Mon Aug 27, 2007 9:49AM EDT

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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.

Gizmodo is reporting that AT&T has fired off a warning to a group that was planning to sell its iPhone unlocking software. In a press release, a spokesman for iphoneunlocking.com said that AT&T contacted the site early Saturday, warning that the group would run afoul of copyright laws if it went ahead with its planned sale of the software package. The site has decided to hold off releasing the iPhone-unlocking app for now, the spokesman said.

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]

Comments on AT&T Unleashes Lawyers on iPhone Hackers

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  • 26 Posted by rockwoodca45822 on Thu Sep 3, 2009 8:47PM EDT Report Abuse

    You just can't turn around and SELL the unlocked technololy, people. Common Sense.

  • 28 Posted by n8ary on Thu Sep 3, 2009 7:32PM EDT Report Abuse

    Go ahead and unlock what you have, because you KNOW AT&T is throwing a million dollars at getting any new phones immune to being unlocked. I have a question, though. What does unlocking a phone really do? Does it simply let you use any other carrier, or are there other issues?

  • 29 Posted by velmicro on Thu Sep 3, 2009 10:33PM EDT Report Abuse

    He may not be able to sell his phone but what about selling his service to unlock other peoples phones?

  • 30 Posted by justindm2005 on Thu Sep 3, 2009 4:44PM EDT Report Abuse

    If I were ever dumb enough to buy another Apple product after having to deal with my POS iPod and iTunes, I would hack the iPhone and take it to whatever company I wanted. It's not illegal for me to modify anything else I own, why would it be illegal to modify my phone? They'd still be getting their $600, what is Apple ----- ing about?

  • 31 Posted by iammightythor on Thu Sep 3, 2009 4:22PM EDT Report Abuse

    Sounds like there is a grey area surrounding the unlocking of any phone. Do it yourself and don't sell it your ok, sell a phone you unlocked, that's a no-no. Sell the process to unlock a phone? Didn't see any of that addressed in the above. Sounds like big business wants to scare the consumers a bit. I say if you were silly enough to pay that kind of money and then want to open it up and mess with it, go ahead, because you apparently have more money than sense anyway!! Tech savvy people shouldn't have any problems with unlocking their iPhones, it's going to be the average joe that thinks he needs one and is in a 2 year contract with another carrier that will cost him $200 to get out of. If people want to void their warranty, let them.

  • 32 Posted by swingmnyc on Thu Sep 3, 2009 9:52PM EDT Report Abuse

    Enough already. Apple is playing a con-game and i-phone is the biggest scam since the pet rock. At&t are greedy as well. All they did was make a phone that looks flashy. There is no practical difference between an I-phone and other phones already on the market (much cheaper). Touch screen? Big deal! Who cares? Honestly, only a sucker would think this is something revolutionary and new. I-Phone is a marketing gimmick to sell more expensive cellular service. At&t is acting like 'Ma Bell' and trying to monopolize a market. Don't fall for it. I-Phone users get a refund. Don't buy the I-Phone....it is a huge waste of money.

  • 33 Posted by drew_erny on Thu Sep 3, 2009 3:48PM EDT Report Abuse

    apple new this would come. we are on the edge of a major software hack. oh, and instead of buyin an iphone, wait a year for the japenese minione (totally exact replica), which will run on any network. and it runs windows, not "mac os 10" or whatnot

  • 34 Posted by lls451 on Thu Sep 3, 2009 6:55PM EDT Report Abuse

    I"ll never have to worry, I donot and will not use Apple and this enforces my belief. They are and always have been over priced for what you get. As far as AT & T, two losers doing business together.

  • 35 Posted by yallcomment on Thu Sep 3, 2009 10:54PM EDT Report Abuse

    who does marketing and sales for apple anyway!?? is apple into business or just making people think they are cooler while they aint?? really, how do you make a mac and have only mac software legally run on it? apple would be cooler if it made mac-os for pc. now we have an iphone that just works only on at&t??? now that's crazy! apple knows "the world" wants to lay its hands on the phone, and what does it do? limits it only to at&t, US! no wonder people are cracking the phone (i like it and i would save just to own one!!!) we all know that apple and microsoft do not come in the same package, but i tell you, microsoft is for all (remember a pc in every home??) while apple is just for some (and it complains that microsoft has monopoly in the comp industry??)! which is a pity. many people would love to own a mac or an iphone for that matter, but no, only if you live in the US and want to use at&t! for a comp, you should use mac software and hardware to own one unless of course you go "illegal" apple serious needs to look into the way it does it's marketing. it not really the products sometimes, it's the marketing that makes apple lag behind in the business world...

  • 36 Posted by blakesanders42 on Thu Sep 3, 2009 3:09PM EDT Report Abuse

    I'm certainly not paying that much for a stupid phone. I get everything I need with tmobile.

  • 38 Posted by velvetsmail on Thu Sep 3, 2009 10:33PM EDT Report Abuse

    I agree with AT&T. It's not as though people didn't know when they bought the iphone that they had to use AT&T. It was part of their business strategy. If people CHOSE to buy the iphone knowing this, then why should they have any kind of "right" to change this?? However, it's legal to change your own phone, fine, then those that are smart enough should be able to. They should NOT be able to run some side business, performing the illegal activity of unlocking and selling phones, though. Maybe AT&T should start charging the premium on UNLOCKED phones, equal to those being sold on Ebay. But, I have a feeling if they started selling those for $1,200, people would find a new thing to ----- about!

  • 39 Posted by yallcomment on Thu Sep 3, 2009 10:54PM EDT Report Abuse

    am with you guys. and what velvets says makes lots of sense; at&t (or apple for that matter...) "...start charging the premium on UNLOCKED..." iphones! makes lots of sense in that both those that want to keep it with at&t stay while those that do not want to do so, have a LEGAL option to use a different service provider. both apple and at&t get there share from that and we all live happy ever after!

  • 40 Posted by coolerdrink on Thu Sep 3, 2009 3:29PM EDT Report Abuse

    Shame on AT&T! AT&T wireless can lick balls. I hate the company and they nickel and dime their customers if they can get away with it. iPhone is a overpriced toy, with US$600 I can get a business smartphone with expandable memory, and it's unlock to use any carrier GSM sim cards. Nokia, Samsung, Motorola high end phones are way better than iPhone.

  • 41 Posted by r_schultz on Thu Sep 3, 2009 8:59PM EDT Report Abuse

    If you don't like the rules don't buy the phone jacka$$

  • 42 Posted by quigonpaj on Thu Sep 3, 2009 8:24PM EDT Report Abuse

    "So, all this begs the question: is..." I don't want to be a snooty bugger, but I hate this misuse of "begging the question." The author means to say "raises the question." "Begging the question" is a philosophical concept essentially involving a fallacious form of reasoning whereby the premise is part of the conclusion, kinda like a circular argument.

  • 45 Posted by yurokman on Thu Sep 3, 2009 10:58PM EDT Report Abuse

    at&t paid big $$$ to be the sole provider for the iphone. Make no mistake, if you unlock it you are stealing from them. It's no different then stealing internet services from people who don't secure their wireless routers. Look for at&t to make an example out of someone not unlike the music industry did.

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