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."
...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.
Walk with Music;
They be takin' on the Jolly Roger. I be thinkin' they be changin' the iPhone to detect meddlin' with their cabal. Add a checksum or something.
Lawsuits be expensive.
A feeling of having made the same mistake before: Deja Foobar
For the record, I will be surprised if Apple actively tries to re-lock already-unlocked phones, but I would not be surprised if they try to prevent unlocking in future firmware updates, considering the current unlock mechanism uses an overflow condition that will likely be, well, fixed in future updates (should Apple not fix a potentially exploitable buffer overflow on the iPhone?). Then, someone will find some other exploitable condition to unlock the iPhone, and the game continues.
Every GSM handset under the sun has been unlocked. The main difference with iPhone is that people are more likely to do regular full firmware updates with the iPhone due to the kind of product it is and the ease of doing so via iTunes, as opposed to other GSM handsets. But I can't see Apple relocking already-unlocked phones.
That said, while an explicit exemption exists that allows end customers to legally unlock GSM handsets in the US, no such requirement exists for a vendor to allow it, document it, or provide such a capability to the customer (see also "DMCA Exemption Attorney Weighs in on iPhone Unlocking".
Further, requirements in various jurisdictions that the carrier provide a means to unlock the handset after the contract term, i.e., after the subsidy is paid, MAY NOT at all apply to the iPhone, since the iPhone is technically unsubsidized. Apple appears to be negotiating backchannel subsidies and unprecedented monthly kickbacks from carriers...but the iPhone itself still isn't subsidized under the traditional subsidy model: you can buy an iPhone, walk out, and NEVER activate it, and the phone is yours to keep. However, this may also mean that no carrier is ever obligated to unlock it for you.
Also, Apple is depending on the expected profits from AT&T kickbacks for AT&T activations...that's how the iPhone price is structured. Now, if you can figure out how to unlock your phone and use it on another carrier, great. But also don't cry if Apple throws roadblocks in the way. You can argue that "it's only good for Apple" if people get to use unlocked iPhones, but that's not your decision to make, unfortunately - it's Apple's. Don't get me wrong: YOU can decide it's good for YOU. But you don't get to decide that it's good for Apple, or anyone else. And with things like seamless activation via iTunes, Visual Voicemail, and all the tight integration that requires enormous amounts of backend cooperation with the carrier partner (think about how iPhone activation works and how it must have been to pull something like that off), is it any surprise Apple wants to keep the iPhone experience with the carrier partner?
And think of all the other ways iPhone is unique: you get to walk out of the store with it sealed in a box, it can be easily bought as a gift, the customer does activation themselves in the comfort of their own homes with a pleasant interface, and so on.
So if people can figure out how to unlock the phone, great. But don't expect Apple to not fix actual bugs like buffer overflows in the phone that are coincidentally used to enable unlocking, and don't assume that ANYONE will ever be "required" to unlock iPhones, unless it is simply flat out illegal to have a SIMlocked phone in a particular jurisdiction, in which case Apple would probably elect to skip that market entirely.
This is a lot like the Mac OS X on non-Apple hardware arguments. People always say it's "better for Apple" or "free advertising for Apple". No. Pirating the OS is not good for Apple. And even if you say "but I'd buy it for $129!" that also doesn't solve it...the $129 price is predicated on the fact that there is Apple hardware that goes along with it. So then you say, "Well, I'd even pay $250 or more! Would that fix it?" No, because part of the Apple experience is the seamless integration and things "just workin
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
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."
"Thank you for using Stop-n-Drop, America's favorite suicide booth since 2008"
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.
I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
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.
AirSpeak - http://itunes.com/apps/AirSpeak
Does Apple truly have much to lose from iPhone hackery?
Yes.
To say nothing of other intangibles like wanting to guarantee a seamless user experience with iTunes, activation, the carrier partner, etc.
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.
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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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.
Both Steve Jobs and Greg Joswiak have indicated they have a "neutral" stance on 3rd party hacking that's related to native application development. The area they have problems with is SIM unlocking.
I'm Canadian, I've been paying AT&T for a while (they make it a PITA too when you don't have a U.S. credit card). I don't have an issue paying AT&T money given how crappy our data plans are in Canada so far anyway.
Now, I've unlocked my phone, and am even happier. Sure, I'll be disappointed when future modem firmware updates break the unlock, but frankly, I expect it. There are no guarantees with hacking. But I also expect the hackers to overcome new firmware changes within a matter of days, unless there is a major software change to the way the iPhone firmware works (not likely).
-Stu