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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  • 1 Posted by mikeybbadd3 on Thu Sep 3, 2009 7:20PM 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.

  • 2 Posted by tomthabom24 on Thu Sep 3, 2009 10:16PM EDT Report Abuse

    I agree with the previous comment, if you buy it, do with it what you will. These companies don't mind ripping you off for the inflated price they charge. My thought, don't buy the piece of crap

  • 3 Posted by tboltz_01 on Thu Sep 3, 2009 9:57PM EDT Report Abuse

    Simple question for all above...IS THE GLASS HALF FULL OR HALF EMPTY? GET A TRANSLATIONAL DICIONARY AND LEARN THAT NOT EVERY PERSON MAY UNDERSTAND THE CODING ACROSS CONTINENTS. GIVE IT TIME! MC2

  • 4 Posted by unversomas on Thu Sep 3, 2009 10:28PM EDT Report Abuse

    I HATED TO ADMITTED BUT I HAVE TO GIVE THIS ARGUMENT TO THE CORPORATIONS, WHEN WILL THE CONSUMER REALIZED THAT ANY PERSON OR ORGANIZATION SHOULD HAVE SOME CONTROL OF THEIR TECHNOLOGY OR INTELLECTUAL CREATIVITY, WITHOUT SOME PARASITE COMING ALONG AND WANTING TO PROFIT FROM YOUR IDEAS. GIVE ATT & APPLE A BREAK...

  • 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!!!!!!!!!!!!!!!!!

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