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Sat, Jul 04, 2009 - 05:27 PM EDT  —  AAPL: 140.02 (-2.81, -1.97%)  |  NASDAQ: 1796.52 (-49.20, -2.67%)

Unlocking Apple’s iPhone: Legal or not?
Monday, August 27, 2007 - 03:17 PM EDT

"The legal status of unlocking an Apple iPhone is somewhat murky, as the main law in this area is the Digital Millennium Copyright Act, which forbids the circumvention of copy-protection technology. But last year the copyright office created an exemption 'for the sole purpose of lawfully connecting to a wireless telephone communication network,'" Richard Koman reports for NewsFactor.

"The battle of the iPhone hackers erupted over the weekend, after teenager George Holz released a YouTube video showing his iPhone connecting to the T-Mobile network. Apple's iPhones come locked so they only operate with AT&T's network," Koman reports.

"Following Holz's announcement on Friday, several other groups announced software hacks [including] iPhoneSimFree [and iPhoneUnlocking who intended to sell the software]," Koman reports.

The law "clearly protects people like Holz, who has said his sole interest in the hacking project was to be able to use his iPhone on his family's T-Mobile service. But the DMCA might not protect groups such as iPhoneSimFree and iPhoneUnlocking," Koman reports.

Full article here.

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Aug 27, 07 - 03:29 pm Comment from: joe

If ATT gave out unlock codes to iPhone users as they do for other phones, this would not be a problem.

For Business travelers, ATT Roaming rates are extremely high even with their "World Traveler" plan.

One thing I noticed is that when you first use the iPhone after you wake up, it accesses the EDGE network first and stars downloading, before it switches to a Wifi network.

There appears no way to turn Edge off like you can turn WiFi off when you are traveling. You can be hit with a huge data bill when outside the US without knowing it.

Aug 27, 07 - 03:30 pm Comment from: AK Mac

More Money For Apple.

ATT will be the only one trying to stop this if at all.

Aug 27, 07 - 03:39 pm Comment from: illegal

Don't forget that reverse engineering (something essential to all methods so far) is probably included in the agreement of all who activate their phones. Breaking that contract is breaking the law.

Aug 27, 07 - 03:44 pm Comment from: MadMac

@Illegal

It's a breach of contract, not against the law. Never heard of a law that covers private contracts. I doubt the Feds would show up at your door if you broke a EULA.

Think about it!

Aug 27, 07 - 03:46 pm Comment from: Glossy screens = eventual CVS

FREE THE iPHONE!!!

It's about customer choice.

1: Customers don't like being ripped of features. iMove '08

2: Customers don't like a glossy screen only option.

3: Customers don't like phones that are locked to only one carrier.

Apple is starting to strike out.

Aug 27, 07 - 03:48 pm Comment from: M@c

Everything is eventually about money...so why doesn't Apple just allow other networks to join the party? They'll get more customers and therefore more money.

Just imagine how many people would buy iPhones if it was available to Verizon and T-Mobile! Steve's precious stock numbers would shoot through the roof.

Aug 27, 07 - 03:52 pm Comment from: Investor

@ M@c,

Yes, it is all about money. That's why Apple would rather not have the iPhone hacked. It would increase sales, but it would eliminate the shared revenue that they are getting from AT&T;for iPhone users. That can add up to a significant amount.

Aug 27, 07 - 03:55 pm Comment from: Watchful

@ M@c

Because Apple had to sign an exclusive contract with AT&T;in order to get them to make the network modifications that make the iPhone experience what it is (one of those things is voicemail).

Aug 27, 07 - 03:57 pm Comment from: Newyorkrules

If I pay $600 for an iPhone, I should be able to strap it to my forehead if I want to. The idea that the seller can severely restrict what you do with an item of merchandise when you leave the store is absurd.

Aug 27, 07 - 04:14 pm Comment from: Gandalf

Steve was never concerned about stock, that was partly what has held Apple (AAPL) back, he has little regard for the merchants and dissed The Street one time in an interview, I bet that pissed them.

The Street thinks they know best and they control the purse strings of the avaricious, often they are care about control than profit (you need to understand the VERY BIG picture). Most of The Street profits from the number of transactions rather than stock value gains, that's the shareholders, volatility hence high volumes of stock trades is good for the merchants (bad for investors).

Some Street members are however coming to realize that a company that serves it's customers first can be a good company for investors. Maybe not as good as volatile companies whose shareholders are in for the quick profit and trade a lot and hence produce a lot of commissions.

The limiting of the market to at&t;is more complex, the service providers needed to upgrade their systems to provide the customer service Apple was looking for. Maybe the others (I understand at&t;were second choice) were looking at their short term downturn in profits whilst they invested. Battery life was also an issue in selecting networks, it was a very complicated judgment.

iPhone has achieved an unparalleled satisfaction rating, it seems to me Apple got it just about right. New features etc will be added as and when possible which includes other service providers catering for a better service for their customers.

Aug 27, 07 - 04:18 pm Comment from: MadMac

@Newyorkrules,

Perhaps you should read the license agreement rather than just clicking through without reading. If you did, you would see what you are agreeing to.

It's not a matter of whether you paid $600, $2 or $10,000. You made the free choice to purchase and accept the terms. If you don't like the terms, don't purchase. These business deals (Apple/AT&T;) are set up for a reason. You don't have to like it.

Go find another company that invests hundreds of millions into a phone (Apple) and a network (AT&T;) that is willing to give you free reign. I bet you would be paying a hell of a lot more than $600.

Wake up people and stop acting like the world friggin owes you something.

Sheesh!!!!!!

Aug 27, 07 - 04:21 pm Comment from: gorsh

Americans just have it too easy these days. For years, we had to fight for rights - slavery had to be abolished, women's suffrage, the abolition of Jim Crow laws, civil rights, a great depression had to be overcome, World Wars had to be fought...

Now, our big fight is to "free the iPhone".

Consumers do have a choice, Glossy. They can choose to be responsible buyers and read the conditions and capabilities of what they purchase. If you don't like AT&T;, there are dozens of other phones out there from other carriers to choose from. There is no "cell phone clause" in the bill of rights.

Aug 27, 07 - 04:30 pm Comment from: KingMel

Apple needed a starting point for the iPhone in the U.S. and wanted to begin with a higher degree of control - thus the exclusive carrier approach. I don't like it, but I can see where Apple/S.J. is coming from in attempting to kick off an ambitious entry into an established market.

From my very limited interaction with various cell phone companies over the years (Sprint, Cingular and T-Mobile), there isn't anything simple about the US cell phone industry. I can't imagine the difficulties associated with arranging the iPhone rollout. I wish the U.S. market provided more flexibility and standarization with respect satellite services, broadband internet services, and wireless phone/data services. As a consumer, I am tired of being boxed into prepackaged plans, exclusive service alignments/packages, and long term contracts.

Aug 27, 07 - 05:02 pm Comment from: Benjamin Lachkar

May I remind Apple that locking a cellphone is ILLEGAL in Europe so if they want to start selling there, they will have to change this attitude.

Aug 27, 07 - 05:38 pm Comment from: Alex MacDonald

@ MadMac, So you're saying I couldn't unlock the phone, pay the ETF and be on my way? Dipshit.

Aug 27, 07 - 05:58 pm Comment from: MadMac

Hey Alex, I think you are the one that's the DIPSHIT!

If you take the time and use a 4th grade intelligence level you would see that the issue is not actually paying and unlocking and doing what you wish. The response clearly pointed out that no one is ENTITLED to have these things without paying for them. I hardly think that priced at $600 and the small contract fee, that the product is expected to roam free. Check your business 101 book if you need to.

Next time, read for compression before posting pap.

Aug 27, 07 - 06:14 pm Comment from: ken1w

> It's about customer choice.

Actually NO, Apple succeeds because it limits customer choice. Decreasing (1) confusion about what to choose, (2) fear of making the wrong choice, and (3) remorse for later thinking you made the wrong choice... that increases customer satisfaction and sales.

Apple follows this philosophy relentlessly. Look at how many choices Creative provides in MP3 players compared to the number of iPod types Apple has. Which company is more successful?

Aug 27, 07 - 06:16 pm Comment from: KenC

@Joe,
My understanding is that if you remove your SIM card, your iPhone will not surf on EDGE when you are overseas, but will still function over WIFI. That's a way to avoid those ridiculous data charges.

Aug 27, 07 - 06:17 pm Comment from: Abdullah

@Glossy Screens

Yeah, Apple is about to strike out! Apparently, on Sept. 5, they are going to announce they are shutting down and are returning all the money to stockholders.

Aug 27, 07 - 06:51 pm Comment from: AJ

This whole "phone locking" thing seems to be a problem for you US people ...

Here in Australia, the only "locked" phone's are the ones sold for pre-paid services. Most phones are completely separate to the contract & carrier, as the agreement between you and the Carrier is for the SIM and access to the network. The phone is either:

a) sourced independently; or
b) part of the contract (such as a mobile repayment plan - note: the phone is not network locked, you have just agreed to a repayment plan for the device).

None of the phones are "locked". This will be an issue for Apple here as it is current customer expectation, and the way the Australian Mobile Phone networks function. Hell, I can transfer my phone number from carrier to carrier, change my contract for a better deal, while never having to change my phone or phone number.

This is customer choice, and it should be paramount in a competitive market. If it is not, then you are trying to create a monopoly (and there are separate laws for this type of behavior).

2 cents ...

Aug 27, 07 - 06:58 pm Comment from: @ Benjamin Lachkar

Benjamin Lachkar wrote: "May I remind Apple that locking a cellphone is ILLEGAL in Europe so if they want to start selling there, they will have to change this attitude."

------------------------------

Benjamin, thank you so very much for "reminding" Apple of the facts of life in Europe. I am ever so certain that they were quite unaware of these things, and you have no doubt done a wonderful service for Apple. They should send you a check for lots of money. Or else, maybe a fresh skunk turd.

Aug 27, 07 - 07:03 pm Comment from: @ AJ

AJ wrote: "None of the phones are "locked". This will be an issue for Apple here as it is current customer expectation, and the way the Australian Mobile Phone networks function."

______________________________

AJ, no it will not be an issue for Apple. It will be an issue for the Australian people if they want to have ALL of the functions of the current iPhone. You want visual voicemail? Good luck with that! It has to be impemented at the carrier level.

And by the way, you don't know the meaning of the word monopoly. Educate yourself, kangaroo boy!

Aug 27, 07 - 07:08 pm Comment from: @ Benjamin Lachkar

And Benjamin, it also really helps that you put the word "illegal" in all caps. You really know how to drive the point home, you ever-so literate European shit wit.

Seriously, every time the Europeans start telling us "yanks" what side of the bread you're supposed to put the butter on, we end up having to bail their effiminant asses out of one thing or another.

Aug 27, 07 - 07:40 pm Comment from: AJ

"Educate yourself, kangaroo boy!" ... what a weak response that is - so weak that you can't even put a name to yourself. Shows your level of education.

And no, it will be an issue for Apple. A non-3G / 3.5G device? Too slow, and the ability to connect to a carrier across Australia will be extremely limited, as well as Japan and a majority of non-US countries as they are all moving away from 2G / 2.5G. If the only thing I have to live without due to carrier requirements is Visual VoiceMail, I can live without that ... it's nice, but if that is the only thing you base your handset decision on ... well, good luck to you.

So, to the (unnamed) individual who seems content on attacking everyone for an opinion, get a life. You need to remember that the world does revolve around the US .... you need to respect other cultures and beliefs. That's a lesson that (I believe) you are really struggling with ...

Aug 27, 07 - 08:21 pm Comment from: MPC Guy

To more... more important than unlocking iPhone are unlocking simple features that Apple hasn't:

- Video recording capability
- MMS
- User-generated ringtones (not that important to me particularly)

Aug 27, 07 - 09:21 pm Comment from: Oops

AJ wrote: ""Educate yourself, kangaroo boy!" ... what a weak response that is - so weak that you can't even put a name to yourself. Shows your level of education."

____________________________________

AJ, if it makes you feel any better, my name is "Bob". I have to admit, though, that I really cannot fathom how my lack of putting "Bob" in my post would somehow show my lack of education. It makes me wonder if you are stupid.

Anyway, have a nice day, Kangaroo boy.

Aug 27, 07 - 09:26 pm Comment from: Oops

AJ,

When Apple fails with the iPhone in your part of the world, you be sure and let us know. Will you? Okie doke, then.

And, uh, sorry that I really got your panties in a bind with my "Kangaroo" comment. Just joking. Australia is a beautiful place.

Aug 27, 07 - 10:39 pm Comment from: Da Facts

The youtube unlock was a fake, he used ifuntastic to change the provider name at the top and did a simple slight of hand to show the T-Mobile sim card. The press is such a bunch of suckers for anything Apple I bet they believe David Blaine is actually a magician!

Aug 27, 07 - 10:54 pm Comment from: Road Warrior

@AJ, did you forget a NOT here?

"You need to remember that the world does revolve around the US .... you need to respect other cultures and beliefs. That's a lesson that (I believe) you are really struggling with ..."

At any rate, you can forget about Australia getting it's act together any time soon to be able to accept the iPhone. Last I heard (sit down for this one) the phone companies actually charge for a local phone call.

Can someone confirm this stupidity?

Aug 27, 07 - 10:56 pm Comment from: @Bob

Bob,

My comment around the "lack of education" stems from your absurd requirement to insult all who are reading, and commenting on, MDN. Attempting to insult my intelligence does not get your argument across ... more, it makes me ignore it.

My point is simply this ... it makes no sense in "locking" an iPhone to a particular carrier, it limits Apple's ability to sell the best product.

Take (for an analogy) BMW ... let's say that you wanted to buy one of their vehicles, but you were told that you could only use them on specific roads, specific lanes, specific speeds ... not the same roads that everyone else can use, and at the speeds that everyone else can use. It may be the best product (mind you, I think Audi cars are better - gimme an RS4 over an M3 any day), but with it's scope of usage being limited (e.g. the available roads are not in my area) the target market becomes extremely limited. I want to buy a car, and drive it on the roads that I want to drive it on. The same applies to the iPhone. Regardless of the visual voicemail, I want to use the iPhone on the network of my choosing, as a particular network may not be in my preferred usage area, or the deal I can get is better elsewhere - hence why there are people trying to unlock the phone.

I mean ... Apple doesn't tell you which ISP to use, does it?

Aug 27, 07 - 11:05 pm Comment from: @AJ

AJ blathered: "So, to the (unnamed) individual who seems content on attacking everyone for an opinion, get a life. You need to remember that the world does revolve around the US .... you need to respect other cultures and beliefs. That's a lesson that (I believe) you are really struggling with ..."
___________________________________

AJ, actually, the world *does* revolve around the U.S. Here you are, a kangaroo boy, teaching us all a lesson or two about what Apple "needs to know" about releasing an iPhone down under. Tell me, when was the last time Americans went to any website to talk about some sort of terrific product designed by *your* country. Eh? Is the iPhone coming from Australia? Is it coming from Europe? Is it coming from Japan? China? South America? Canada? Africa? Nope! It's coming from the good old U.S. of A. Yep. Just like the operating system you run at the precise moment to tell us all that the world doesn't revolve around the U.S. Frankly, when I see someone say that "the world doesn't revolve around the U.S.", what I see is someone saying, "I really really wish the world didn't revolve around the U.S."

So, uh, get your mind around it. You need us. Without us you're just a bunch of ex-inmates imported from Great Britain. Deal with it!

Aug 28, 07 - 12:11 am Comment from: John

Customers don't have to buy it if they don't like it. Most do like it. One opinion doesn't make it a strike out Glossy screens.

The law is clear and these people who are breaking the DRM to make a buck are clearly in the wrong. No one is forcing you to buy an iPhone if you don't like AT&T;service.

Aug 28, 07 - 12:24 am Comment from: Road Warrior

@@AJ (sounds like an @@ echo).

Figures there would be someone that thinks that the world revolves around the US. Probably someone from the AENUS (Australia, England 'n US) hole of evil.

I find it hilarious that someone would even consider that "Americans went to any website to talk about some sort of terrific product designed by *your* country." meaning Australia. Of course no American would do that, they haven't invaded it yet. But hey, Afghanistan, well they talk about the wonderful products coming out of there right on CNN (the opium crop). And those wonderful stealth weapons of mass destructions from Iraq got major headlines. Both countries were invaded, that is how yanks learn their geography, and hence can talk about the products of other countries.

Those of you who have more intelligence than an insecure yank compensating for something will know full well that the earth revolves around the sun. For you yanks out there, that is the big ball of light in the sky you can sometimes see through your smog. It's a huge nuclear reaction by the way, the most potent weapon of mass destruction there is. Maybe you should go invade it.

Aug 28, 07 - 02:50 am Comment from: Oops

Awww, isn't that cute. Road Warrior is deliberately lacing his non sequitur blather with the word "yank". Golly, but he is a clever fellow. Yes, yes, I know, he has it in his mind that with every use of the word "yank", we are all over here just hopping mad. Oh, and uh, bringing geopolitical affairs into the thread was another brilliant stroke. But as we all know from *all of his other posts*, Road Warrior is absolutely obsessed with his hatred of the United States of America. True sign of an short-dicked shit wit. I reckon his grasp of world affairs is not as secure as his grasp of his eternally limp noodle.

Aug 28, 07 - 08:10 am Comment from: Ashamed

@Oops (or "Bob" ... aka Bucket Of Bullshit)

You American? If so, I'm pretty ashamed to be associated with you ... Your lack of tolerance, your complete lack of respect (for example ... "Tell me, when was the last time Americans went to any website to talk about some sort of terrific product designed by *your* country. Eh? Is the iPhone coming from Australia? Is it coming from Europe? Is it coming from Japan? China? South America? Canada? Africa? Nope! It's coming from the good old U.S. of A." ... your attack on the "kangaroo boy"? You know that Aussie's invented the Refrigerator, the lawn mower, the bionic ear, pacemaker, penicillin ... hell, they invented a radar system for 1.5 million that made our 11 billion dollar stealth bomber a piece of junk! ... nearly every phone we use is invented / created by non-US companies - aka HTC - Asia, Nokia - Europe, etc). We aren't the center of the world as you think we are.

So from one fellow American to another .... shut your trap, focus on the discussion, and keep your bullshit opinions about US supremacy to yourself.

Aug 28, 07 - 12:55 pm Comment from: @Road (rage) Warrior

You said that the Sun is "a huge nuclear reaction by the way, the most potent weapon of mass destruction there is."

Uh... the Sun is powered by Nuclear Fusion, not Nuclear Fission as weapons of mass destruction are. Yes, the Sun is that big ball of light in the sky, and it's very very powerful, but different principles apply here. Check your 7th grade science book, it'll all be right there in chapter 1.

In the future, you might want to try checking out wikipedia before you post.

Better to be a quiet fool, that type something you know nothing about and remove all doubt. (and no, I'm not an american. so save the rant little one.)

Aug 28, 07 - 01:59 pm Comment from: @Ashamed

@Ashamed,

Clearly, you are a card carrying liberal maggot. Your use of the word "intolerance" was the first tip-off. But calling the stealth bomber a piece of junk told me for certain that you are one of those Che Guevara-loving losers. I regard you lower than the gum on my shoe.

So, uh, no, I think I won't be "shutting my trap". (Why do you liberal maggots want to control everyone and everything like it's your birthright?) I think what I'll actually do is to say whatever I want, however I want, whenever I want, and I won't be seeking your approval on the matter. Period! End of story! Deal with it!

You listed off this tiny little list of inventions supposedly created by the kangaroo people. I wonder, would you care to put a list of AMERICAN inventions beside it for comparison? Nah, didn't think so. But if it makes you feel any better, next time I mow my grass I'll think of kangaroos. I heard that the kangaroo who invented the lawn mower did it to trim his mother's hairy bush.

So, for future reference, this is one American with a pair of brass balls that's not going to take any foreign bad-mouthing towards my country.Period! End of story! Deal with it!

Aug 28, 07 - 06:34 pm Comment from: mm

Bob,

Wow, are you being serious? I hope you're joking because you are making a total a** out of yourself. You put the "ugly" in ugly American. Get off this forum with your bile--don't want to read you anymore.

Aug 28, 07 - 07:44 pm Comment from: Oops

mm wrote: "Bob,

Wow, are you being serious? I hope you're joking because you are making a total a** out of yourself. You put the "ugly" in ugly American. Get off this forum with your bile--don't want to read you anymore."

__________________________

Well, first of all, my name is not "Bob", you dumb shit wit. Second of all, if you don't want to read the truth, as bitter a pill as it may be sometimes, then don't come to this forum - because I ain't leavin'. You see, as it turns out, I actually don't have any obligations to add comfort to your world. You're the book burnin' type, aren't you?

Aug 28, 07 - 08:57 pm Comment from: Road Warrior

@oops.

Yup, I am most definitely cute. Actually I use the word "yank" not to get people hopping mad (I mean come on, there is a team called the Yankees and they only get baseball teams and fans hopping mad) but because it is a lot shorter than calling them "citizens of a terrorist nation". Using Americans, well that is kinda insulting to the fine people of the other countries of South and North America.

I do find it amusing when people accuse me of being British cause I use the term though.

Thanks for being such a wonderful illustration of an anti-globalist. Oh and I did not bring the geopolitcial affair into the thread, somewhat else did that, but hey since when did AENUS ever worry about facts?

I have no hatred about the US, I actually love the planet. Thing is it is so hard to tell the difference between an anti-yank these days and a pro-globalist. I understand the confusion you guys must have maintaining that HUGE MONSTER DICK you need to compensate for that fact that like your buildings, you can't keep it up.

Too bad you don't have the balls to go with it.

@@Road (rage) Warrior (more echoes)

"Uh... the Sun is powered by Nuclear Fusion, not Nuclear Fission as weapons of mass destruction are."

Awwww those poor yanks still haven't discovered how to make a weapon of mass destruction through fission. Maybe we should load up all their space shovels with a yank invasion force see if the sun can be used as a weapon of mass destruction. If they come back, I will apologize and say that the sun is not a weapon of mass destruction.

And since you love wiki so much, maybe YOU should use it. See weapons of mass destruction are not restricted to nuclear fusionas you so pseudo-intellectually imply. They can also be chemical, radiological or biological. Maybe being a GIANT GOLIATH as you imply you feel you are above a cloud of mustard gas.

How long have you had to compensate about your size by calling others little?

Thanks for removing doubt about being a huge loud mouth fool.

So you aren't American? Well maybe you are another part of the AENUS.

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