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81 Comments
- msksatish, on 10/10/2007, -2/+37Luv Engadget..
Intelluctual & Interesting Post. - fak3r, on 10/10/2007, -4/+32Like I heard at Defcon, "If you can't open it, you don't own it."
I'm sure they'll be legal arguments to the contrary, but I think if you buy something, you're free to do what you want. Of course that changes from company to company, look at Linksys and their open source modifiable WRT54G-L (my fav router).
So open the fone, break it, install an alternative firmware - it's yours. Also, if you care about having these kind of rights, join EFF.org.
Thanks - OrangeTide, on 10/10/2007, -0/+18The 2nd amendment should be the right to bear arms and cellphones freely.
- Waskonator, on 10/10/2007, -0/+17Thats what the article said.
- DeathJux, on 10/10/2007, -2/+16Legal for personal use, much like something else should be.
- kevinmotel, on 10/10/2007, -2/+14now THAT would have been some foresight from the founding fathers
- Disodium, on 10/10/2007, -1/+12Now i just need to find $500 *starts looking through couch*
- compgeek, on 10/10/2007, -0/+10If you bought it outright it's yours they can not tell you that you cannot modify it as you see fit, it may void your warranty but once you paid them it's yours period. nobody would buy a car if they were told you can buy it but you can't put any performance or comfort modifications in it or buying a computer and being told you can't overclock it or get hacked drivers to make your video card faster it's the same principle. you paid for it it's yours period nothing Apple could do about it
- zweben, on 10/10/2007, -0/+6Jailbreak is not the same as unlocking it.
- brianbb98, on 10/10/2007, -1/+6jailbait??? where??
- Onyxblaze, on 10/10/2007, -0/+5woot
- appetite, on 10/10/2007, -1/+6I would have hated going to school with you.
- MikeCerm, on 10/10/2007, -1/+6Apple's got a 5-year exclusivity deal with AT&T, and no, there's no chance that the next version will be unlocked. The exclusivity deal means that AT&T is paying 10% of monthly fees paid by iPhone users directly to Apple, which mean a minimum of $120 (over the contract) per iPhone. Apple's not likely to give that up. If you're among the less than 1% of iPhone users who will unlock your phone to use with another carrier, and you don't activate your iPhone with AT&T, Apple doesn't get their 10%, so it's not like AT&T is losing money on the deal.
Ironically, the only company that's being hurt when you don't activate with AT&T is Apple, because AT&T isn't subsidizing the phone, and Apple's getting cut out of your service agreement, which for Apple is pure profit. - CyberSally, on 10/10/2007, -1/+6It's not illegal to open up the iPhone so that it works with other carriers. There is a specific provision in the DMCA about this.
- Snarfy, on 10/10/2007, -3/+8I hate to break it to you but you are wrong in this day and age of the DMCA. If that firmware has copy control measures, it is illegal to replace it with bootleg firmware. I'm not sure how relevant this is to the iPhone but there are a lot of other things that it is relevant to.
"If you can't open it you don't own it" is correct. It shouldn't be, but it is. - appetite, on 10/10/2007, -0/+4Like your argument?
- Empyrean, on 10/10/2007, -0/+4Well, Apples a bit better at listening to their customers, more so than other companies I think, maybe they'll take notice of this trend and smarten up a little bit...and if not, well, hack that ***** and show them whos boss.
- flameboy, on 10/10/2007, -1/+5If it ever came out that apple was intentionally ruining unlocked iphones there would be a massive class action lawsuit.
- smackjack, on 10/10/2007, -0/+3By law, In order to give "legal advice" you must have a license to do so. Engadget are not attorneys therefore they must put a disclaimer in the article.
Dumbass - flameboy, on 10/10/2007, -0/+3Dont call me a dumbass you illiterate moron.
"Although this post was written by an attorney..."
Did you know the word ATTORNEY means that hes a lawyer? I bet thats where all your confusion came from. Maybe when you get into 5th or 6th grade they will teach you that word, and maybe your reading comprehension will improve also. Until then please STFU. - mentho, on 10/10/2007, -0/+3Wait, since when did lawyers become witty? Sounds mighty suspicious to me ;)
- jasarien, on 10/10/2007, -1/+4In my country, people can spell correctly.
- Chandon, on 10/10/2007, -1/+4Why would anyone even want an iPhone? It's pretty good compared to the other phones available at retail in the USA, but it's well behind the phones that are standard in the rest of the world. If you want to own your own phone, buy something like this: http://en.wikipedia.org/wiki/MOTOMING
- colincornaby, on 10/10/2007, -0/+2If Apple sold an unlocked phone they couldn't guarantee stuff like visual voicemail working...
- flameboy, on 10/10/2007, -0/+2wtf are you talking about?
1. How do you even know its a felony? The severity depends on the amount of violations and the associate dollar amount, we are talking about DMCA violations here. It's most likely a civil case not a felony.
2. "AT&T WILL exercise their right to block other carriers"...... uhh the phone is already locked retard. you are UNlocking it, remember? are you trying to say they will RElock it?
3. The exception was added to the DMCA to prevent anti-competitive behavior. AT&T has no "right" to force you to use your phone with them. - SirZRX, on 10/10/2007, -2/+4i dun care in my country ur laws are useless
- hsaito, on 10/10/2007, -0/+2It tells something about hosing warranties, but wouldn't this also possible to disabled unlocked unit by future firmware update or even them making iTunes not sync with unlocked phone?
- appetite, on 10/10/2007, -0/+2I think it's even simpler. You don't want to abide by the Manufacturers crap, don't. Buy it and unlock it.
- flameboy, on 10/10/2007, -0/+2uhhh you know iphone is not the first phone to get unlocked? This happens with plenty of hot phones when they get released. Theres nothing AT&T can do about it... especially AT&T they are a carrier for christ sakes.. maybe you mean Apple? Do have any idea what you're talking about?
- Nodaki, on 10/10/2007, -0/+2Now I might actually buy one...no service in my area from AT&T.
Makes me wonder if the next version of the iPhone will just be unlocked period. I doubt the any carrier would get into an exclusivity contract again, knowing full well that there is no such thing as an uncrackable device.
Is anyone aware of how long the exclusive provider contract with AT&T was supposed to last? - appetite, on 10/10/2007, -0/+2move away. if that happens here, i will modify my vacuum to become a bazooka.
- digiguy, on 10/10/2007, -0/+2Again. Apple had rules to market this iphone. They want completed control. Apple approached other carriers, only ATT agreed to kiss Job's butt.
- flameboy, on 10/10/2007, -1/+3So what? That disclaimer is there because every individual case is different and a respectable attorney must have a consultation before giving "legal advice".
That doesn't mean that the information isn't correct.
Maybe we shouldn't even bother researching any law online because if its not "legal advice" then its worthless? - afx1, on 10/10/2007, -1/+3Go to Ars for real intellectual posts.
- ThndrShk2k, on 10/10/2007, -1/+3Is it illegal to technically delete firmware and replace the space with a different one? Thats a new law I never heard about.
1) Flashing the firmware is technically overwriting it, and while it is made hard to do so, it isn't technically Copy Control that is preventing you.
2) All non-original firmware is not illegal, but it does void your warranty
3) Modified copywritten firmware being distributed is illegal, but downloading it is not. Installing it is not. Selling the phone with modified firmware that was protected by copy protection is illegal. (So just unflash it and sell it, the only people who would buy unflashed hardware are people who already know where to get firmware and howto flash it.) - flameboy, on 10/10/2007, -0/+2sadly this principle does not apply to copy protected software or media in the USA
- Silthrim, on 10/10/2007, -0/+2No, it's not illegal.
- ThndrShk2k, on 10/10/2007, -0/+1Technically you cannot know what you are downloading until it is finished, in which the crime itself is already done. The downloader could get rabid animal porn instead of the simpsons movie, was it illegal for him to download it and get charged for downloading the simpson's movie? no.
Sure, obtaining illegally distributed items purposefully is illegal, but with the internet, you have anonymity and other factors that make the action of downloading technically not illegal. Too many loopholes to close due to OTHER'S anonymity and deceptions - HairyPoter, on 10/10/2007, -0/+1let's show Apple we want our iphones free!
http://www.zazzle.com/hairypotter*/product/2357960 ... - inactive, on 10/10/2007, -1/+2I'd like my 5 min. back please.
- FTLJohnson, on 10/10/2007, -0/+1http://www.google.com/search?q=jailbait
I love the comics... including the linux penguin in prison garb... hehehe - Gee1004, on 10/10/2007, -1/+2The why did Apple came out with the iPhone and locked it to AT&T and had all these rules and regulations if it was illegal. That's a dumb way to market a product or Apple hired some dumb lawyers
- Jonsey, on 10/10/2007, -1/+2You didn't RTFA did you?
- flameboy, on 01/21/2008, -0/+1really?
well then maybe i should start a business selling cars that break after 3 weeks. - Gee1004, on 10/10/2007, -1/+2Well. I don't quite understand why people are carrying this iPhone from heaven so far. It's a product from Apple, inc. No one is forcing you or anybody to buy it. There are other phones that are good, you don't want to abide by the Manufacturers crap, don't buy. Very simple to follow and understand. It's called freedom to market a product. Are you making money from this product?
- Gee1004, on 10/10/2007, -1/+2and they have a right not to fix it. I wonder how many people think that Apple went into this business without being prepared . Apple is very good at doing their homework. I'm sure Apple's hired a special legal team to work on this thing for 3 years.
- inactive, on 10/10/2007, -1/+2Doesn't matter AT&T will take action to stop the practice, just watch.
- elementfire, on 10/10/2007, -0/+1Short answer: No! But you can get sued any of the billion other ways.
Great, what a waste of time. - turpenine, on 10/10/2007, -0/+1ars is good journalism and engadget is owned by a big telco.
- FTLJohnson, on 10/10/2007, -0/+1Thanks for the update captain obvious. That's why I said "well ... anyway"
Did that not clearly indicate to you enough that I understood that there was a difference?
(or were you just fishing for diggs?) -
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