Can Apple + AT&T Shut Down iPhone Unlockers?

aalobode writes "Do Apple and AT&T have the legal right to stop hackers from selling unlocked iPhones? Under their terms, only AT&T may sell iPhones, and Apple gets a commission. When unlocked iPhones are used on other providers' networks, AT&T and hence Apple get nothing beyond what they earned on the initial sale of the hardware. Can they prohibit unlocking? Reselling? The article in Businessweek gives the for and against arguments, but leans toward the view that the hackers may have the law on their side for once."

Comments

Heres what the BBC says:

[BigBadBus]

http://news.bbc.co.uk/1/hi/technology/6966600.stm

"only AT&T may sell iPhones"

[larry bagina]

only AT&T may sell iPhones

Wrong. Apple sells iPhones (through their website and retail locations). The phone isn't activated at the time of sale (it's done at home with iTunes). AT&T announced 146k activations when Apple announced 270k iphones sold. You do the math.

Re:Yeah

[Selivanow]

Usually when you "buy" a phone (in the US at least) you are getting a discount in exchange for a lengthy contract. If you don't want the contract you buy the phone outright and can do anything you want with it. This is the same issue that the auto industry had at one point. Manufacturers did not want 3-party parts sold and didn't want people to fix their own vehicles. The auto industry was pretty much shot down. Unless you are breaking a law, ie: modifying a phone to output a stronger signal, you can do as you please with any item you own. That is not to say that you can not be held liable if you do something to an item you own and it ends up damaging someone else's property or another person.

Re:Apple + AT&T?

[Selfbain]

They get royalties from AT&T.

Re:the DMCA finally does something good

[Conspiracy_Of_Doves]

It isn't really the DMCA that's doing it. If the DMCA never existed, you would still be allowed to unlock the phone. This is something that someone had to decide that the DMCA didn't cover.

Re:Subscription fee

[jesco]

You're right. And because of the fact that you pay the subscription fees whether you use the phone or not, the phone doesn't even need to be locked. I can plug in any SIM card I want into my phone and use it, not the just the one from my original provider. (applies to me in germany, at least)

All parties got their money, both Apple and AT&T. And quite a lot of it.
So I think they are really overdoing this digital rights thing by additionally locking the iPhone to AT&T cards.

Re:Warranty

[frdmfghtr]

Skill with a soldering iron is not required.