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Jobs' Next Fight — Dealing With iPhone Hackers

An anonymous reader writes "With Steve Jobs' recent announcement of his intention to fight off the independent iPhone developers, the question worth asking is: How will Apple try to defeat the hackers: Software updates, or lawsuits? Will Apple risk losing its most frequently (ab)used legal tool, the Digital Millennium Copyright Act, in order to try and punish the developers of the iPhone unlocking tools? This CNET article explores the legal issues involved in this, which make it perfectly legal to reverse engineer your own iPhone, but illegal to share your circumventing source code with others."

23 of 341 comments (clear)

  1. American-centric coverage by CRCulver · · Score: 3, Insightful

    CNET article explores the legal issues involved in this, which make it perfectly legal to reverse engineer your own iPhone, but illegal to share your circumventing source code with others."

    The iPod is already available in countries without DMCA-style laws.

    1. Re:American-centric coverage by CRCulver · · Score: 3, Insightful

      It was a typo. Yes, I know the article is about the iPhone, and my point still stands. From Hong Kong to Dubai, the iPhone is already widely available outside the U.S.

  2. Easy to pay! by cez · · Score: 5, Insightful
    TFA:


    Other hacks, such as the much hyped iPhone Dev Team's anySIM unlocking tool, or the numerous free-ringtone tutorials that have been floating around the Net, can be more accurately described as a developer-lead attack upon Apple's revenue streams.


    ...ummm no, it means that people in a position too are trying to help others not get screwed by a vendor locked-in product that wants to charge you for a ringtone that you can make yourself. Instead of attacking developers who wish to enlighten a public entranced by Apple, perhaps they shouldn't base a revenue stream on vendor lockin and ripoff ringtones. If you ask me (flame on that noones asking), they should be the ones providing such a ringtone app. They are all about ease of use for the masses... oh wait, I forgot its easier for someone to pay them then do it themselves.

    --
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    1. Re:Easy to pay! by cez · · Score: 5, Insightful
      I didn't mention anything about being forced to buy an iphone....but if Apple had their way, they would force those that did buy it to buy ringtones from them as well, instead of making free ones which is their right. Hell even if it was a ringtone of their kid singing whatever it is that kids sing, should u not have a way to make that your ringtone without Apple crying foul?


      on the other hand, it seems that they are trying to force someone who did buy the iphone and ATT package not to unlock the phone and goto another provider. Perhaps someone needs to move for work or goes over seas? Hell... they could pay their contract cancelation fee, but according to Apple, they shouldn't be able to open the phone and use another provider that has better service, or any service even, where they are.

      --
      Walk with Music;
    2. Re:Easy to pay! by MightyYar · · Score: 4, Insightful

      The iPhone doesn't have "terms" - it is a physical device, not intellectual property. The hardware can be interesting enough to buy (and useful) all by itself. You own it, not Apple, and they cannot dictate what you do with it.

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    3. Re:Easy to pay! by MightyMartian · · Score: 3, Insightful

      It's a simple philosophy, but it makes me happy.


      It's not a simple philosophy, it's a stupid philosophy. The better, more logical way to move is not to. If Apple were forced to deal with abysmal sales, then they'd likely respond with the product the way you want it. The message you send to Apple is "Yeah, I hate your tactics, but I'm going to give you money anyways." That's hardly going to fill them with fear.
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    4. Re:Easy to pay! by MightyMartian · · Score: 3, Insightful

      how is it apple's problem with copyright infringement if people are making their own ringtones from songs that they illegally acquired? i made my own ringtone (for my new LG chocolate) from an mp3 that i ripped from a CD that i own. i don't think i committed any copyright infringement by doing so because i actually purchased the CD.


      ATTENTION! Slashdot User #136707, you have violated the terms of the Digital Millenium Copyright Act by circumventing the copy protection of your CD for the purposes of transferring a RIAA-copyrighted song to a cell phone. Please remain where you are. The RIAA Security Services will be arriving presently to find you guilty of the most heinous crime in America; interfering with profits. As a convicted enemy of the state, you have the option of the suicide booth. Please let your RIAA Security Services officers know if you wish to use this option. Before you decide, remember that any songs at your funeral service must be from original, unripped media, or we will be forced to vaporize your family (including your little dog, too).
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  3. Really? by minginqunt · · Score: 4, Insightful

    Does Apple truly have much to lose from iPhone hackery?

    The only people this really harms is AT&T, and Jobs has never shown the slightest inclination before towards caring about a business partner getting fucked over. If it suits his needs, he'll probably want Apple to subtly encourage it.

    I would.

    1. Re:Really? by click2005 · · Score: 5, Insightful

      It might just be he has to show hes trying to stop the iphone hacking. Jobs isn't stupid. He knows stopping the hacking will be almost impossible. At least now AT&T cant sue Apple for their not taking action.

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  4. asswipes by wamerocity · · Score: 5, Insightful

    I love how companies don't deny your right to fair use, they just put restrictions around the device that make it illegal to even access fair use. That's like saying, "You have the right to free speech, but only at this designated microphone that can be found inside the 4th underground level at Area 51."

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  5. Totally missing the point by daveschroeder · · Score: 4, Insightful

    Yes, it is. (And apparently you didn't read any of the linked articles, because there are a lot more issues here.)

    But it the manufacturer doesn't have to allow or enable it. If you can figure it out, great. But if they also stop that same unlocking procedure in future software or hardware iterations of the phone, they can.

    And I really don't think Apple will be "relocking" phones...they'll likely just be plugging the holes that allowed them to be unlocked in the first place in future firmware versions. That said, I guess I wouldn't be stunned if some unlocked phones broke, intentionally or otherwise. But all of this has NO BEARING on the DMCA exception. The vendor is under zero obligation to enable unlocking.

    So it's not "too bad for Jobs" at all, unfortunately.

  6. Thats what the business world calls... by tgatliff · · Score: 3, Insightful

    Lip service. There is very little interest for Apple to stop people modifying their products because their current business model focuses on hardware sales. The problem is, though, if they are not looked upon by their content partners as working very hard to protect their content, then there will not be anything to put on that hardware... So, the end result is a constant stream of weak patches and allot of talk. (The recent iPhone ringtones "patch" is a great example of this) At the end of the day, though, nothing will change...

  7. lip service more than anything by Frag-A-Muffin · · Score: 5, Insightful

    I think Mr. Jobs is required to say things like this. How would it look to his big (and only) US carrier partner locked in for 5 years or whatever it is, if he said "We condone the hackers and their unlocking software". What they actually do about it will really tell the story, and that's a wait and see game, so no use speculating.

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  8. Learn from RIAA woes by Falcon_Delta00 · · Score: 3, Insightful

    Ultimately, if there is enough motivation in the tech community to hack products then they will be hacked. Look at the RIAA and music files, P2P file sharing and hacking is prolific even after years of intense legal battles. But let's look at what's happening here. Not all hacking is for evil and malicious ends, often times hacking products or developing new programs for them is a way to improve a product. If there is enough interest to crack the iphone and generate a lot of 3rd party apps, then maybe apple isn't doing enough to deliver a product that consumers really want. Finally, look at a company like Sony. They were very draconian about DRM, proprietary formats, and not letting their devices be tweaked and they've had a lot of lost market share and failed products. Does anyone remember the MiniDisc player? Letting the community be involved in a product, whether through 3rd party apps etc. helps generate users, as well as keeps people interested in the product.

  9. He's Talking to AT&T by chowhound · · Score: 5, Insightful

    I believe that statement was for the benefit of AT&T and future partners. The fact of the matter is that since June 30th, Apple has released only two updates to the iPhone software. Is this the action of a company desperate to keep people out? Jobs is not concerned with hackers playing around with iPhones. Presumably they bought them, Apple got paid.

  10. Correction. by juuri · · Score: 4, Insightful

    Mr. Jobs, can you tell us why it's your job to do that? You sell hardware. We are the customer.

    People often get this wrong on Apple, like them or not, they don't sell hardware... or really software (much). Apple sells you a solution, an experience, a total package. Their focus and developments are all based on expected hardware and software components being in a certain order or place to ensure they can provide a specific experience to the end user.

    In this case the contracts with the carriers probably have explicit clauses saying they will fight to combat unlocks in the same way they fix their aac every quarter or so to try and appease the music companies.

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    --- I do not moderate.
    1. Re:Correction. by Speare · · Score: 5, Insightful

      If Ford sells me an "experience" like a Mustang, and I decide to rip out the Ford stock stereo or take off the Ford street tires and replace it with an aftermarket stereo or racing whitewalls, that's my decision, not Ford's. And court precedent bears this out. Apple wants to explain that this is somehow different, but it's not. I'm the customer. I decide what "experience" to have with the product, after they've sold me the goods.

      I'm not arguing their ability to put junk I don't want in there. I'm arguing that unless there's nefarious anti-consumer contracts with carriers, they have no right to "fix my experience" away from the configuration I choose. A patch to re-lock SIMs to a sole vendor is explicitly against the legal and moral arguments that define SIM transferrability. And if they do have those contracts, like Ford with Firestone or Ford with Panasonic, I say this is unconscionable and such contracts should be made void.

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  11. Re:A few issues by daveschroeder · · Score: 4, Insightful

    Really? Given that the price of the iphone is in line with the non-subsidized prices of most other GSM phones of similar complexity, it seems like Apple is doing something wrong if what you say is true.

    Yes, "really". Whether Apple is losing money or making $150 on each handset sold pre-activation, the price is still inherently structured to depend on AT&T kickbacks. If they weren't getting $150-$200 and 3%/month for existing customers and 10%/month for new customers on each iPhone activation from AT&T, do you think they wouldn't miss that money? The price is ABSOLUTELY structured depending on that money from AT how could it not be?

    And how is Apple "doing something wrong"? You don't think it's okay to build a profit structure into a product? And you likely underestimate the amount of R&D in terms of both sheer money and manpower that went into the iPhone. If you think the iPhone is really fundamentally basically the same thing as numerous other smartphone-type devices, we'd probably disagree on that.

  12. No by Per+Abrahamsen · · Score: 3, Insightful

    If you actually read the link you provided, you will see that Apple gets the same amount of money from AT&T whether or not the phone is unlocked.

    And AT&T doesn't even suffer, they get they subscription fee whether or not the customers use any of their service.

    iPhone unlocking only have winners.

  13. Re:I unlocked my Palm... by p0tat03 · · Score: 5, Insightful

    It does everything the iPhone does, except calls

    Oh yeah, that's like, totally a secondary feature anyway, I'm certainly not missing it. Who uses the iPhone as a phone?

    I'd like to own an iPhone. Honestly, I would. But, though I can pay for the phone, only AT&T can own it. Jobs, Apple, and AT&T want it that way, and if you've paid for an iPhone, you've essentially told them that they can have your cake and eat it too.

    Funny, as a Canadian I've never paid a penny to AT&T, and my iPhone works fine. While I would like a factory unlocked phone as much as the next guy, there are plenty of ways for us technically adept people to have OUR cake and eat it too.

    The task which it can be programmed to do are limited only by the ingenuity and creativity of the programmer/user.

    You're right. In fact this morning the beta for a cell-tower-triangulation tool that integrates with Google Maps just came out. iPhone development is chugging right along, and many tools are already very mature and usable.

    Consumer benefit beyond the original purpose of the device is explicitly and legally forbidden.

    FUD. I have every legal right in both the US and Canada to unlock my phone and install whatever the hell I want on it. Apple may not like it, and may even do pitifully ineffectual things to stop me, but the law is on MY side.

    I hope those who buy the iPhone are prepared to deal with a future in which everything they possess is owned and licensed by a corporation.

    What part of ownership do you not understand? Neither AT&T nor Apple own my iPhone, I do, in EVERY sense of the law. Apple has chosen to cripple the device, I have chosen to un-cripple it. They don't own anything of mine.

  14. Re:A few issues by realthing02 · · Score: 3, Insightful

    I think by "something wrong" he meant that basing profitability on another business is a bad business model. In this case, by building the ATT revenue into the pricing structure, it ties them to ATT's success as a business. It's usually not wise to have a business model like this. Kind of like trading on margin.

    I could be wrong, and he might have meant something completely different, though. Who knows.

  15. Re:A Company by catbutt · · Score: 3, Insightful

    I think at times we forget at times Apple is a company and they are in it to make money.
    Do you forget that the rest of us are consumers, and consumers are "in it" for...well, whatever their own interests are...? If consumers don't like what Apple is doing, they can apply economic pressure to Apple to do things in a way that they prefer. The least effective way might be to quietly stop buying Apple's products, hoping that eventually Apple will figure out that they need to change their policies or they will lose more consumers.

    A more effective way might be to be vocal about it, discuss it among themselves, etc. That is exactly what this article and discussion is.
  16. Re:AT&T will NOT unlock iPhones by denobug · · Score: 4, Insightful

    One big exception: Apple's iPhone, distributed exclusively in the USA by AT&T. "That's different," says AT&T spokesman Mark Siegel. iPhone is different in the sense that user pay for the phone entirely. ATT provides no subsidy to the customers. They have no rights to lock your phone down to recapture the cost of the phone, the reason why cell phones were locked down in the first place.