Dear All,<br>Lawyers from AT&T have threatened to a Belfast-based company (UniquePhones) to refrain from posting code that could unlock Apple's iPhone.<br>Meanwhile, a New Jersey teen, George Hotz (who goes under the name Geohot) unlocked it (
<a href="http://www.engadget.com/2007/08/23/geohot-and-crews-hardware-unlock-is-going-live/">on August 23rd</a>) on his own, and traded it for <a href="http://www.engadget.com/2007/08/27/nj-teen-trades-his-unlocked-iphone-for-three-more-and-a-sports-c/">
three other iPhones and a sports car</a>! and iPhoneSIMFree.com did <a href="http://www.engadget.com/2007/08/24/iphone-unlocked-atandt-loses-iphone-exclusivity-august-24-2007/">the same (unlocking, that is) on August 24th
</a>. <br><br>Can AT&T actually prevent UniquePhones from releasing the code? Would the answer change if they are not doing so for commercial benefit?<br><br><br>---------------------------------<br><br>A quick primer found on
<a href="http://Engadget.com">Engadget.com</a>, in light of the iPhone being unlocked:<br><br><DEFANGED_span style="font-weight: bold;">Is it illegal to <a href="http://www.engadget.com/2007/08/24/iphone-unlocked-atandt-loses-iphone-exclusivity-august-24-2007/">
unlock my iPhone</a>?</DEFANGED_span><br>No!<br><br><DEFANGED_span style="font-weight: bold;">Really?</DEFANGED_span><br>Well, no, but...<br><br><DEFANGED_span style="font-weight: bold;">I knew it.</DEFANGED_span><br>Look,
there are a lot of legal issues surrounding unlocking, but the most
applicable law in the US is everyone's favorite piece of legislation,
the DMCA. Just like any other piece of code, the iPhone's firmware is
protected by the Copyright Act, and circumventing the access controls
in place to get at that code is a violation of the DMCA. However, the
Copyright Office issued six exemptions to the DMCA last year, one of
which allows consumers to unlock their cellphones "for the sole purpose
of lawfully connecting to a wireless telephone communication network." <br> <br><DEFANGED_span style="font-weight: bold;">That's great! What's the "but?"</DEFANGED_span><br>There
are a lot of "buts," actually. For example, it's most likely not legal
to unlock iPhones and sell them on eBay, because your "sole purpose"
wouldn't be to connect to a cell network -- it would be to profit from
the sale of unlocked phones. TracFone has been suing resellers that
unlock its phones and getting settlements, even though this exemption
exists. So you might want to put those dreams of being the exclusive
iPhone supplier to the Saudi royal family to bed -- for now.<br> <br><DEFANGED_span style="font-weight: bold;">Well, that's not so bad.</DEFANGED_span><br>A:
There's more. Just because Apple and AT&T can't sue you for
violating the DMCA, there's nothing saying they can't sue you under
some other law. Remember, all the ruling says is that cellphone
firmware isn't protected under the DMCA when you unlock to lawfully
connect to a wireless network. That's a pretty narrow rule, and it's
most certainly not the same as a rule saying it's legal to unlock your
cellphone.<br> <br><DEFANGED_span style="font-weight: bold;">Wow, lame.</DEFANGED_span><br>A:
Still more. Under the DMCA, the Copyright Office is allowed to make
these exemptions, but they only last for three years. Since the
unlocking rule was published in November of last year, that means it'll
expire in November of 2009. Of course, we'll probably be on the third
generation of the iPhone by then, but it still doesn't bode well for
that unlocking business you were about to start.<br> <br><DEFANGED_span style="font-weight: bold;">Wait, I thought you said this was legal?</DEFANGED_span><br>A:
Well, the truth of the matter is that unlocking your iPhone probably
isn't going to get you in any trouble, as long you're only doing it for
your personal benefit. If that's what you intend to do, go right ahead.
Just be aware of the risks, and keep in mind that you've probably hosed
your warranty, and that Apple might well stop supporting your phone.<br> <br><DEFANGED_span style="font-weight: bold;">Since when has Engadget cared about warranties?</DEFANGED_span><br>(Whistles, walks away.)<br>