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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  • 6 Posted by mcflightus on Thu Sep 3, 2009 7:13PM EDT Report Abuse

    We have too much time on our hands as it is. It is a phone, not a NASA Mars project. To those with creative genius - Do something useful with your talent other than destroy someone elses brainchild. Grow up!

  • 8 Posted by mysticrican86 on Thu Sep 3, 2009 7:32PM EDT Report Abuse

    "If you can't do what you want with a phone you paid big bucks for, I think they should shove it where the sun does'nt shine. I bought it I can do what I want with it." uh you CAN do whatever you want as long as you don't sell it.

  • 9 Posted by threeduggaduggas on Thu Sep 3, 2009 10:08PM EDT Report Abuse

    Thats like saying 'if you buy our car you can only use B.P gas'........ once you own it one should be able to do what one likes with it, you gonna tell me I can't sell one of my car because I 'altered' it by adding different wheels? both apple and at and t should be boycotted by all.

  • 10 Posted by jimward52 on Thu Sep 3, 2009 4:35PM EDT Report Abuse

    It would be nice to read the beginning of the article instead of guessing it's contents due to that big green menu box covering most of the print. GET RID OF IT!!!!!!!!!!!!!!!!!

  • 11 Posted by theflex99 on Thu Sep 3, 2009 10:04PM EDT Report Abuse

    More appropriately, it's a violation of Anti-trust legislation for Apple to have such an exclusive deal with AT&T. Any lawyers feel like filing suit? -Jon

  • 12 Posted by b26com on Thu Sep 3, 2009 3:01PM EDT Report Abuse

    they turned their back on the personal end user years ago - if you're brave enough to deal with them you get what you deserve... not much.

  • 13 Posted by fredex66 on Thu Sep 3, 2009 4:03PM EDT Report Abuse

    The iPhone looked like it would've been fun to own - until you saw who the cell phone service provider was. At $600, I wouldn't even spend $6 for an iPhone if it involved getting stuck with a two-year contract (or longer) with AT&T. Unless they've improved their service (and in reading the other postings, I guess they haven't), I would never go back to AT&T Cingular AT&T. All the more power to the hackers and their ability to tweak the phones that they own and can do anything they want with them.

  • 14 Posted by morphe0us_3k on Thu Sep 3, 2009 7:26PM EDT Report Abuse

    I dont have an iPhone but IF i did i'd be ticked off right now, You mean they can stiff you for $600.00 dollars and sue you if dare act like the phone your property and unlock it so you can CHOOSE another network to run it on??? Who do they think iPhone users are?? Theyre prisoners??? Theyre profit generating slaves??? "Kiss my beeehind"

  • 15 Posted by royboy907 on Thu Sep 3, 2009 8:53PM EDT Report Abuse

    The first users of this phone should not have to worry about someone hacking you. Not only the first but the last user of the iphone should not have to worry about their security. I know, I have seen all the viruses hacks scammers I will ever want to see. You try getting your Identification back. I am not affliated with Att and t, or the Busch administration. By the way mikeybbadd, why don't you just send me all your passwords. That would be nice.

  • 16 Posted by tdh8192 on Thu Sep 3, 2009 9:59PM EDT Report Abuse

    $600 for this thing and then AT&T and Apple go after you if unlock and sell your phone? HAhaHAhaHAha... hilarious! If they're trying to reduce sales this oughta do the trick...

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

    @mikeybbadd and tomthabom24 your comments are the reason why they are not suing YOU, AT&T is suing those who sell iPhone unlocking devices.

  • 18 Posted by cosmos_20042002 on Tue Aug 28, 2007 6:22AM EDT Report Abuse

    Why shouldn't one be able to do what they want with what they have, afterall it is suppose to be a free country. As long as one does not totally abuse the priviledge of owning it. To pay that much money for a phone anyway to me is preposterous but, seems as if some want to keep up with the Jones's. I could think of better ways to spend that amount of money but, that is just me. Have a great day. (;

  • 19 Posted by rosemarynesmith on Thu Sep 3, 2009 8:51PM EDT Report Abuse

    The website www.bsreachedoutandscrewedsomeone.com shows why all AT&T customers need to scrutinize their bills; all "customer service" reps have a sales objective and anything they remove goes against their sales, so AT&T company policy sets the wheels in motion for slamming and cramming. Unfortunately the PSC, FCC and our elected officials refuse to investigate their practices, therefore, MILLIONS of their customers are paying for products and services they're unaware of. All customers need to READ their bills. AT&T has padded a lot of pockets, therefore they are untouchable.

  • 21 Posted by hmisslbeck on Thu Sep 3, 2009 4:19PM EDT Report Abuse

    "All this begs the question?" Whoever wrote that is guilty of the usual american ignorant and sloppy use of our mother tongue.

  • 23 Posted by youngcheryl2000 on Thu Sep 3, 2009 10:57PM EDT Report Abuse

    Buy the phone, do what you want with it, AT&T cannot think they have the world with this one, it is all about the dollar, if someone comes along and sels the public a way to use another carrier, so be it, let's face it, one of the other names in the BUSINESS is going to copy the phone any way, put their name on it, and you will most likley get it for less.

  • 24 Posted by rmdgrafixsolutions on Thu Sep 3, 2009 8:44PM EDT Report Abuse

    Silly! Jail Time for unloking IPHONE, pleaseeee! Get a JOB! AT& T stinks!

  • 25 Posted by star_duster32 on Thu Sep 3, 2009 9:39PM EDT Report Abuse

    I am with T-Mobile, I up graded my phone and asked them to send me an unlock code for my old phone so my girlfriend could give it to her son to use on verizon. They emailed me the code within 6 hrs, T-mobile have always been superb, here, in the Caribbean, in Europe or where ever I have traveled. AT&T service has always been inferior, if you have paid that much money for a phone it belongs to you and should be yours to use with whom so ever you choose. NOTE WELL... it is ALWAYS a bad idea to buy the first models of ANYTHING. More power to the hackers.

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