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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  • 47 Posted by sammy7816 on Thu Sep 3, 2009 9:02PM EDT Report Abuse

    I think they should hire him over at At&T in there security department.

  • 48 Posted by brezebra on Thu Sep 3, 2009 3:13PM EDT Report Abuse

    Call me clueless, but how long have we been worshipping at the altar of greed and lawlessness like some anarchist society of thieves and pirates?! No, I don't work for the injured or any other party to this circus.

  • 49 Posted by stephenreynoso77 on Thu Sep 3, 2009 9:41PM EDT Report Abuse

    sell the unlocking software!! ----- AT&T! ther just mad because that kid figured there phone out.

  • 50 Posted by walteyboy3131 on Thu Sep 3, 2009 10:40PM EDT Report Abuse

    Of course its illegal, I mean AT&T paid billions for an exsclucivity deal so theres no way theyre going to let this stand

  • 51 Posted by walteyboy3131 on Thu Sep 3, 2009 10:40PM EDT Report Abuse

    Of course its illegal, I mean AT&T paid billions for an exsclucivity deal so theres no way theyre going to let this stand

  • 52 Posted by private_address2005 on Thu Sep 3, 2009 8:19PM EDT Report Abuse

    So if i was to unlock say my I-phone what would the benefits be to me as opposed to it not being unlocked ? do i get free music ? free video downloads ? free internet ? or do i just get a flashy apple logo and steve jobs photo flashing on my screen [lol]...... I figure myself that it is because they want you locked to that particular network and not be able to use any other! Cant wait til it hits the good olde U.K where it will be hacked to death and sold at carboots n market stalls letting you have the choice of every european mobile network! Apple should just sell it as an open phone and let the consumer decide which network they wish to use then that way the hacking of the phone to get different networks wouldnt be a problem... Anyway i am on the 3 network here and believe me i never have to top up as the network goes down so much the calls are free! they have something called a garden wall on their internet but alas you can climb over it very easily and get free internet 99% of the time! All this and no hacking or anything criminal involved...simple fact of network down everythings free... i hope 3 network get exclusive on the i-phone then theres no problem.....it will all be free as it says on the box! lmao

  • 53 Posted by richard_e_thornton on Thu Sep 3, 2009 8:40PM EDT Report Abuse

    I guess I am too old. What is the allure of an iPhone??? I have a cell phone and I have a portable CD player and I have a Palm Pilot. The cell phone was free, the Palm was under $150 and the CD player was under $50. Where do teenagers get the money for a $500 iPhone, plus the money to maintain a cell contract with data plan? Twenty years ago people were worried about AOL becoming addictive. Obviously they were right.

  • 54 Posted by zsoltkov on Thu Sep 3, 2009 11:02PM EDT Report Abuse

    at&t is not subsidizing the iPhone, and under their guidelines you should be able to request the phone to be unlocked after your purchase. You may not be allowed to sell it for profit, but what if you trade it for some other "goods" such as the 350Z? Othervise they are hypocrites.

  • 55 Posted by drhath2001 on Thu Sep 3, 2009 3:48PM EDT Report Abuse

    THEY ARE MAGGOTS AND NEED TO BE PUNISHED ANY WAY POSSIBLE

  • 56 Posted by skylar552004 on Thu Sep 3, 2009 9:26PM EDT Report Abuse

    I DON'T OWN ANS IPHONE WOULDN'T WANT TO... HEARD TO MANY NON SAYISFIED CUSTOMERS.... AND I WOULD RATHER SPEED MY MONEY ON SOMETHING THAT WORKS... I JUST FEEL BAD FOR THOSE OF U WHO FELL FOR THE LIE ABOUT THE IPHONE. IF ANYTHING THE ONES THAT HAVE THE PHONE AND PAID ALL THAT HARD EARNED MONEY FOR IT AND SLEPT OUT SIDE IN LIE IN ORDER TO GET THE JUNK SHOULD SUE THEM FOR FALSE ADVERISING. AND FRAUDULANT MERCHANDISE, WHO WANTS TO SPEND $500.00 AND $600.00 FROM WHAT I WAS TOLD IS A PIECE OF JUNK. NEXT TIME PEOPLE PAY ATTENTION.

  • 57 Posted by nicholas_ah_kun on Thu Sep 3, 2009 7:37PM EDT Report Abuse

    well there's limitations to the 'i bought it so i can do what i want with it' argument. 'I bought the car, so I can take the seatbelts out' 'I bought the house so I can burn it down if I want' 'I bought the software, so I can reverse engineer it' It's like that story I read a few years ago about the guy who used a power drill up his nose to get at an itch.. he bought the drill, surely he can use it for whatever he wants? Well no, the drill is sold for a specific use, when you bought the iPhone you knew upfront it was locked to AT&T and that you have a 2 year agreement. If you didn't want to sign on the dotted line you shouldn't have bought the phone.

  • 58 Posted by dan2327 on Thu Sep 3, 2009 3:34PM EDT Report Abuse

    its $500 bucks - if you can make it better and cheaper for yourselve do what you want....more people might actually buy the phone now that it can be used on more networks

  • 59 Posted by mzx380 on Thu Sep 3, 2009 7:32PM EDT Report Abuse

    bottom line, you buy it, it's yours to do with as you wish. if it's not, then you're pretty much renting property and should pay the inflated prices that these d*ckheads charge go choke on your apple you greedy ----- s

  • 60 Posted by mustang01996@sbcglobal.net on Thu Sep 3, 2009 7:30PM EDT Report Abuse

    I've read alot of comments and I'm just curious of one thing...did someone hold a gun to your head and make you buy this phone? I understand that you feel that when you buy a phone you should be able to do what you want with it and I agree. I don't think that the company's should have different networks anyway. Why don't we have a standardized network (like Europe) so you can choose who you want with whatever phone you want. That would be a better use of our time and energy rather than complaining about AT&T. But just remember knowbody said "buy it or else"

  • 61 Posted by sidepocketbr on Thu Sep 3, 2009 9:21PM EDT Report Abuse

    Get a MOTOMING (A1200). Everything the iPhone can do and more! I love my Ming!

  • 62 Posted by plaga_nerezza on Thu Sep 3, 2009 8:14PM EDT Report Abuse

    Under what premise does AT&T have to sue someone unlocking an iPhone or selling software to unlock it from the network Apple choose to be an exclusive carrier? Last I checked the iPhone is sold by Apple? Some has to explain to me how AT&T has any software claim to a phone the didn't design, manufactor or sell you? I guess under that premise Lotus Notes could sue At&t for using Microsoft word, against the terms of the Microsoft TOS. It makes zero sense to me what legal claim they actually have. They have an exclusive contract with Apple. If Apples phone is hackable wouldn't At&t need to seek redress with Apple. Isn't Apple in violation of its contractual terms? How is the guy selling a software unlock violating terms with At&t? None of this article makes sense.

  • 63 Posted by earthwindfire82 on Thu Sep 3, 2009 3:51PM EDT Report Abuse

    If you paid your hard earned money for that phone, then AT&T, Apple, and all their attorneys can go and rot. They didn't camp out for hours to get that iPhone. The issue that AT&T is having is the fact that once people realize there are ways around their network, they WILL lose business. Nobody wants to pay $500 for a phone, then nearly $100 a month to use it. Stop being bitter AT&T. Accept that people don't want to get ganked because they want the top of the line cell phone with sub-par service!

  • 64 Posted by motytal1 on Thu Sep 3, 2009 7:26PM EDT Report Abuse

    what does unlocking do and what can it be used 4 motytal1

  • 65 Posted by infosecfocus on Thu Sep 3, 2009 4:24PM EDT Report Abuse

    What is hilarious about this is the complete stupidity of the telephone companies to lock their phones. In Europe, phones are unlocked for the purposes of "promoting free trade and consumer choice". American companies would rather stifle competition and force consumers to only use their phones. It's ridiculous the our lawmakers actually support these supposedly "open market" concepts and we are supposed to be the free and open capitalist society. If I pay for a phone (and yes I know the phone companies subsidize them - which I would gladly pay for the ability to move my phone to various providers) I should be able to use it on any network. Ever wonder why cellphone penetration (total market) is much larger in Europe and Asia? It's because they allow choices... DumbA$$ cellphone companies... They are constraining the very market they are trying to penetrate...

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