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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  • 66 Posted by sportbike9 on Thu Sep 3, 2009 9:36PM EDT Report Abuse

    My thing is that if I have a child and does that mean I am not allowed to name my child. Even though I made the child. Same thing

  • 67 Posted by mkaeo05 on Thu Sep 3, 2009 7:23PM EDT Report Abuse

    The CEO of AT&T is upset that he will not get his Billion Dollar bonus... AT&T should be inspected by the EEOC for abusing it's employees!

  • 68 Posted by robin91300 on Thu Sep 3, 2009 8:46PM EDT Report Abuse

    I work for the company and everything you guys are saying is ridiculous. If you get a new phone as a new customer or an upgrade you sign a 2 year agreement, that's not particular to just the iphone. Also, those bills you guys are talking about being ridiculous, is absurd. The iphone comes with an ulimited data package, so the only reason your bill should be higher is if you're A) out of the country and don't OPT to get a discounted package or B) because you talk too much for your rate plan. So how is that the companies fault? And secondly, if you call into customer service, they will work with you on your bill, as long as you don't ask for a credit every time you get a bill! You guys say we're so unreasonable but i've worked for sprint and at&t, and out of the two, sprint rips you off. And btw, even if you unlock the iphone, you would only be able to use it on GSM networks, just as an FYI, verizon isn't a GSM network. Unlike some of those other companies make you sign a new 2 year agreement for EVERYTHING, changing your rate plan, adding features, we only do it if you want a new phone. So if you never want a new phone you're good.

  • 69 Posted by jax_max_2000 on Thu Sep 3, 2009 4:29PM EDT Report Abuse

    Apple and AT&T are a bunch of hyprocrites. They are illegally using the sprocket that the phone operates on. They knew it when the rushed to market, thinking is no big deal as they will be glad to pay a $1B lawsuit after all the money they make from the phone. The patent is held by another company and the patent attorney for Apple is the attorney for the honest holders. He told Apple that they were infringing and they did not care.

  • 70 Posted by angelcaptain2001 on Thu Sep 3, 2009 2:54PM EDT Report Abuse

    I agree that you should be able to do what you want with your phone. But don't complain about it to everyone else. Sorry, if you don't want iTunes, and don't want to use the internet, and think it's too expensive, then don't drop $500 on an iPhone the first month it comes out.

  • 71 Posted by born2luv76 on Thu Sep 3, 2009 3:11PM EDT Report Abuse

    What does the phone do thatt is so diffrent when unlocked?

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

    Anyone that bought it had to have heard about it only working on 1 network. If you went ahead with the purchase, you obviously agreed to the terms. If you now have buyers remorse, return it. If I buy clothing, a car or anything; with the intention of redesigning it; can I expect the manufacturer to back it when things go wrong? No one had a gun at their head in the queues outside The Apple Stores. You made your purchase, if you regret it, that's not the manufacturers or the networks problem. You had more than enough time to research the product and make an informed decision. Looking for someone to blame? Look in the mirror.

  • 73 Posted by hsimpson1479 on Thu Sep 3, 2009 4:21PM EDT Report Abuse

    Dear jim Rome I love to kill dogs too!! sincerely michael vick

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

    There is no end to the greed of corporate America. But until the sheep get tired of being led (screwed) by big business (and our politicians who are in bed with them) there is zero incentive for companies like AT&T to do anything but keep turning the screws tighter and tighter on all of us. I do feel sorry for Mr. Whitacre though. I mean, how can a family survive on a mere $158 million for retirement. Poor man!

  • 77 Posted by lgelato@verizon.net on Tue Aug 28, 2007 10:59AM EDT Report Abuse

    Personally, anyone who pays that much for a phone like that is crazy. If you use your phone all day on the internet, then yeah, you're gonna get a super high bill. DUH! This is not anyone taking advantage of anyone, it's charges for usage. I've been with ATT/Cingular for over 15 years and they have never done anything wrong or evil to me. In fact, they helped me setup an unlocked Razr V3 that I didn't get from them just the other night.

  • 78 Posted by cadmusle on Thu Sep 3, 2009 3:16PM EDT Report Abuse

    A more interesting question than "Can I unlock the phone?", is, "Is it legal to lock them in the first place?" It seems very similar to the old cases of computer firms bundling their soft ware with their hardware. You own the phone but are forced only to use AT&T service. It would seem to violate some anti-trust or restraint of trade rules somehow. Anyone look at this??

  • 79 Posted by donp_pct on Thu Sep 3, 2009 3:46PM EDT Report Abuse

    It's ironic that Apple has always looked down on Microsoft for being so bloodthirsty with all of their validations and trying to run the show and here they are now screaming about people unlocking iPhones that they purchased. Hey while you're at it why don't you start suing people for putting after-market cell phone covers on their phones and blinking attenas! Allowing people to unlock their iPhones would increase volume in sales by making them more marketable to customers. This type of versatility would allow them to gain profit without having to honor costly warranty service for a phone out of network. Sounds like a team of real geniuses at work to me. Instead of threatening lawsuit to the software producers why not offer an extended hand for a percentage? duh!

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

    to all the people who bought a iphone.you knew att was the sole provider when u bought it.how would u feel if u spent all your money inventing something or selling something and someone invents a way to take that away from you.you would be mad like the bible saysgive unto cearers what is cearers

  • 81 Posted by snowme64 on Thu Sep 3, 2009 9:30PM EDT Report Abuse

    It is all big business, monopolizing (which is illegal isnt it?). They dont want to allow others a share of the competitive market. At&t is the worst but of many. If having the latest and greatest is what you want, then you will have to pay for it, over and over, cause they get you coming and going.

  • 82 Posted by tracy_johnson@sbcglobal.net on Thu Sep 3, 2009 10:19PM EDT Report Abuse

    Once you buy a phone its yours it no longer belongs to AT&T. If they leased them thats different but AT&T doesn't lease phones they SELL THEM!!!! What if you decide to change carriers to T-Mobile it's your right to keep your number if you want it should also be your right to keep your phone!!!! All phones should be unlocked from the get go, the goverment and FCC needs to get it together and pass laws requireing all phones to be unlocked.

  • 83 Posted by robin91300 on Thu Sep 3, 2009 8:46PM EDT Report Abuse

    And lastly, when at&t took over Cingular, NOTHING CHANGED. I'm so sick of every customer saying that. IT WAS A NAME CHANGE!! OUR RATE PLANS ARE STILL THE SAME, OUR PRICES ARE STILL THE SAME, AND NOTHING HAS CHANGED ON YOUR ACCOUNT OTHER THAN YOU SEND IT TO at&t mobility AND NOT CINGULAR. FOR THE LOVE OF GOD, BEFORE YOU START RUNNING YOUR MOUTH KNOW YOUR STUFF. The only reason your bill went up was because of usage, which is overages of either minutes, text messaging, or internet. I promise you if you didn't have that, you're bill would be the same. It's funny because it's the people who don't even LOOK at their bills to see what their paying for are the ones saying that at&t is ripping them off.

  • 84 Posted by nymasons on Thu Sep 3, 2009 7:42PM EDT Report Abuse

    AT&T and Apple are posturing and saber rattling. The Supreme Court has already ruled that unlocking your phone is LEGAL. AT&T allows the unlocking of all their other phones manufactured by many different companies AND they supply the code IF requested. Therefore, not permitting the iPhone to be unlocked by the owner is a breach of Article 6 of the Constitution, "equal protection" under the law and is grounds for a discrimination suit by the owners against AT&T. Apple and AT&T have the big bucks, but their positions are indefensible. What needs to happen is to put them on the defensive by serving both with a Class Action suit on behalf of ALL the owners.

  • 85 Posted by earache8823 on Tue Aug 28, 2007 11:05AM EDT Report Abuse

    Cingular was always owned by SBC. SBC bought at&t. You people need to do your homework or read the Wall Street Journal and not play computer games all day.

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