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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."

4 of 318 comments (clear)

  1. Heres what the BBC says: by BigBadBus · · Score: 4, Informative
  2. "only AT&T may sell iPhones" by larry+bagina · · Score: 5, Informative

    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.

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    Do you even lift?

    These aren't the 'roids you're looking for.

  3. Re:Yeah by Selivanow · · Score: 4, Informative

    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.

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    -- ...trying to make digital files uncopyable is like trying to make water not wet. -Bruce Schneier
  4. Re:the DMCA finally does something good by Conspiracy_Of_Doves · · Score: 4, Informative

    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.