Slashdot Mirror


Upcoming Firmware Will Brick Unlocked iPhones

iCry writes "It was rumored last week, and Apple has now confirmed it: 'Apple said today that a firmware update to the iPhone due to be released later this week "will likely result" in SIM-unlocked iPhones turning into very expensive bricks... So what are users of SIM-unlocked iPhones to do? Not run the latest software update, that's for sure. Users can instead pray to the hacking deities — the famed iPhone Dev Team that released the free software unlock, and iPhoneSIMfree, which released a commercial software unlock — to write applications that will undo the unlocks, as it were, if those users want to run the latest iPhone software.'"

605 comments

  1. Is that even legal? by mrjb · · Score: 5, Interesting

    Is that even legal?

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    1. Re:Is that even legal? by MistaE · · Score: 5, Insightful

      If you look at the comments that Phil Schiller made yesterday, Apple's taking the position that they don't "mean" to brick it, but it just "might happen" anyways, which of course is total bullshit. At least they're not shooting themselves in the foot immediately by saying that they're deliberately trying to brick 'em.

      Now my question is, what exactly do they need to update that would cause such brickage.

    2. Re:Is that even legal? by Luke+Dawson · · Score: 4, Insightful

      What, releasing a firmware update? Or do you mean because it renders unlocked phones useless? I highly doubt it. I am sure the fine-print means you would forfeit your right to warranty and fitness for purpose if you go modifying your phone at such a basic level, so no, I am doubtful you could argue this is illegal. So long as you have the right not to accept the update, I guess. But even if the update were forced upon it, I'm sure you'd still have a hard time convincing a judge that it was an illegal act on Apple's part.

    3. Re:Is that even legal? by TooMuchToDo · · Score: 5, Insightful

      I would expect that people who were smart enough to pay for the phone with a credit card would say "Hey, my phone is busted. Fix it or I'm returning it. If you don't accept the return, I'm doing a chargeback." Visa/mastercard/discover/amex provide a fairly decent product warranty program for items purchased with one of their cards.

    4. Re:Is that even legal? by kannibal_klown · · Score: 4, Interesting

      Correct me if I'm wrong, but isn't it optional to accept a firmware update through iTunes? I thought it was just something that comes up in iTunes much like an iPod firmware update. If that's the case, any user with an unlocked iPhone could/should choose to ignore it, thus it is not mandatory.

      If they made it a background/transparent upgrade over-the-air without the user's knowledge then I could see it being a legal issue since it would unknowingly stop their service and potentially leave them stranded in an emergency. An iTunes update just makes it an annoyance, so long as they prompt you saying "Warning: if you unlocked your iPhone this will disable it."

      Anybody that unlocked their iPhone must have known there'd be fallout, and that the future would probably turn into a game of cat-and-mouse. They unlock the phone, Apple brick the phone, they unbrick it, etc.

      I personally think all phones should be sold unlocked, but it's rare to find them. The fact that Apple is reactively fighting back is a little new, but not unseen.

    5. Re:Is that even legal? by fymidos · · Score: 4, Insightful

      IANAL, but i'm pretty sure that *not byuing* the iPhone untill apple stops doing stuff like that, is perfectly legal...

      --
      Washington bullets will simply be known as the "Bulle
    6. Re:Is that even legal? by ji777 · · Score: 1, Interesting

      Isn't this still the same sort of anti-competitive action that people have sued Microsoft over (with varying degrees of success), or am I missing something?

    7. Re:Is that even legal? by cyberworm · · Score: 1, Insightful

      Smart is irrelevant. It's the morality of it. If you went out and bought an iPhone and didn't plan on using att, this is what you get. They clearly state that the iphone will only work on their network. If you decide to prove that wrong and mess up your phone why should Apple and/or the credit card companies exchange your money/replace your iphone?

      Maybe I should go spike mine down onto the pavement then return it for a replacement as well?

    8. Re:Is that even legal? by roman_mir · · Score: 1, Insightful

      Apple's taking the position that they don't "mean" to brick it, but it just "might happen" anyways, which of course is total bullshit. - you cannot prove that this is total bullshit though. You may believe it, but whether it is true is totally arguable. If Apple is fixing a security flaw in their code that by chance happened to be the same flaw that was exploited to unlock the phone, then it can be very easily argued that this is just a real security patch. Now, would have they fixed it if it wasn't used to unlock the phone, this I don't know, maybe yes, maybe no.

      Oh, and I don't own any IPayApple products and don't care about them, not a fan, but I see how the fan's minds work here: they buy IPayToApple products and rightfully expect to use them anyway they want, not how the Apple intended. But from Apple point of view this is a 'total experience' package, not just a piece of hardware. So they may introduce a patch that will 'brick' the phone. However the fans still expect to upgrade with Apple firmware and continue using the phones the way they want. Well obviously this is a conflict of interest for both sides. Should Apple have to provide you with meaningful upgrades once you unlock? I don't see how you can make them. Don't install their upgrades now, that you are really just using the phone in a way that is different from the 'total experience' Apple intended. Now you just own a piece of hardware and it is up to you how to use it.

    9. Re:Is that even legal? by fymidos · · Score: 4, Insightful

      Actually it very much resembles the actions taken by apple to make sure that macintosh will lose the battle against IBM PC's and MS-DOS back in the 80s ...

      --
      Washington bullets will simply be known as the "Bulle
    10. Re:Is that even legal? by putzin · · Score: 4, Funny

      No, Microsoft had the option to not purchase made illegal and immoral quite a while ago. Apple is just riding the coat tails. In summer 2008, I believe it also becomes illegal not to use AT&T for all services including face to face visits with friends and family. In 2009, not only will it be illegal to smoke, but also to not use Apple and AT&T HW, SW, and services for everything you do (I hear the iToilet touch flush will be amazing). All this for the low cost of 40% of your yearly salary or $30K, whichever is greater.

      --
      Bah
    11. Re:Is that even legal? by walt-sjc · · Score: 1

      If you don't keep your phone updated, then you run a much greater security risk. Kinda like running Windows XP with no security patches applied. Really want to run that risk???

      IMHO, the only way Apple could release a firmware update that would brick a hack iPhone is if they INTENTIONALLY brick it on detection of the hack. This "oh gee, it might happen" attitude is BULLSHIT. You KNOW Apple is testing the hacks internally to see how they work, and KNOW that they have been testing updates against hacked phones. To claim otherwise is offensive. I fully expect a class action lawsuit.

    12. Re:Is that even legal? by Anonymous Coward · · Score: 1, Insightful

      Possible reaction from Apple: "Oh, sure we can fix it." And when you get it back, you'll find out that the fix includes re-installing the simlock.

    13. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Apple doesn't have a monopoly.

    14. Re:Is that even legal? by putch · · Score: 1

      more likely they'll just point out that you voided your warranty.

      --
      just because I don't care doesn't mean I don't understand!
    15. Re:Is that even legal? by DustyShadow · · Score: 5, Insightful

      Morality leaves the equation when a billion dollar corporation is on the other end of the transaction. Also, Apple is the one not playing fair here. Not the iPhone owners.

    16. Re:Is that even legal? by Luke+Dawson · · Score: 1

      Well, yes and no I suppose. Yes, since they are preventing users from using their phones on other networks, but no because it's not really Apple that gains from this. After all, if you've bought the iPhone, Apple already has your money. OK, I guess they lose the potential revenue from the loss of the contract, but I would have thought AT&T would be the big loser there. But then again, doesn't the purchase of an iPhone also require a minimum contract (genuine question...I don't know)? If it does, then even unlocking your phone is a hollow victory - since you're still lining the pockets of the AT&T and Apple execs by either continuing to pay for a service you're not using, or having to pay a fee to break the contract early. Either way, AT&T are the winners.

      Sure, it's obvious that this update is aimed at breaking unlocked phones. But that's unfortunately the risk you take by unlocking your phone. Yes, it sucks, majorly, but it's not like Apple have made any secret of the fact that they don't want you unlocking your phone.

    17. Re:Is that even legal? by @madeus · · Score: 4, Interesting

      Apple's taking the position that they don't "mean" to brick it, but it just "might happen" anyways, which of course is total bullshit. To any developer I would think it would be immediately obvious what you are saying is not true (it's in no way 'total bullshit' that rendering the device unable to boot "might happen" accidentally). Hell, even to any use of a Linux or BSD distribution that uses binary packages that should be immediately obvious it's a likely scenario that you could screw the device by blindly applying a delta to a binary that is different from the intended target binary.

      Of course it might "brick" a hacked iPod without them meaning to (note, Phil Schiller is quoted as specially referring to 'unlocked or hacked' iPhones). Even if they are just making a minor update to a simple app, they might be using a newer version of an existing library in the new version, so that library update gets rolled into the delta too. That might also mean other more core things (which have been recompiled to also use that new library) get included and a hack that hooks into them might break, which would screw up the device, rendering it unusable.

      This is unlikely to affect users who have only unlocked their phone and is much more likely to affect at users who have also modded their phones in other ways (particularly if they have any software that activates on startup - and particularly software that might screw up if it can't start properly).

      I don't have an iPhone, but I'm assuming even if it was "bricked" to the point of not being able to start up normally it would *still* be possible to reset the firmware on it (as it is with the iPods), so it wouldn't *really* be bricked - hence my use of inverted commas.

    18. Re:Is that even legal? by erroneus · · Score: 1

      In a civil lawsuit against Apple, there would be discovery under which they would be compelled to reveal their internal communications related to the matter. The truth will come out.

      It's definitely not legal as they are challenging a consumer's right to do with his personally owned property what he wishes.

    19. Re:Is that even legal? by Daimanta · · Score: 1

      It isn't but they bribed all congressmen with iPhones.

      --
      Knowledge is power. Knowledge shared is power lost.
    20. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Maybe I should go spike mine down onto the pavement then return it for a replacement as well?

      How about if I spike your phone down on the pavement because I dont like [insert whatever you're doing here]? Is that the "moral" thing to do to people who do what you don't want them to do?

    21. Re:Is that even legal? by cyberworm · · Score: 5, Insightful

      I think the unlocked iPhone owners are the ones not playing fair. THEY KNOWINGLY took the risk of bricking their iPhones when they unlocked them. They knew (or should have known) that the potential for the iphone to become unusable in the future existed.

      If morality leaves the equation when a billion dollar corporation is on the other end, what makes you think fairness stayed? As far as I know, nothing requires Apple to sell you an iPhone at all. What isn't fair, is voiding your warranty then crying foul when it breaks.

      I don't agree with bricking unlocked iphones, but you were warned.

    22. Re:Is that even legal? by Kymri · · Score: 3, Insightful

      In my mind, morality is never, ever dependent upon who is on the other end of the equation. Only justifications are dependent upon that.

      You may consider it justified to steal from someone who has billions and immoral to steal from someone who doesn't (I'm not saying unlocking an iPhone is stealing, I am just using an obvious example), but the morality of theft depends on if it is theft or not, not who the victim is.

      (Admittedly - this is purely my position and opinion, and not absolute fact.)

      --
      Evolution ceases when stupidity can no longer be fatal.
    23. Re:Is that even legal? by Pvt_Ryan · · Score: 1

      Does it matter??

      Just make sure the phone is convered for accidental damage under your house insurance and then "accidently" run over it in a car, then "accidently" trip and the phone should "accidently" fly out a top floor window. All that remains is a quick call to your insurance company to place the claim.

    24. Re:Is that even legal? by Anonymous Coward · · Score: 0

      The GPP post was saying that the angry customer should backcharge it, which is different to a warranty claim (it's more of a threat to screw with their merchant's credit rating than an organised method of replacing broken phones). I'm betting though that many smart people are on the opposite side of the fence; and repaid their iPhone-related credit card bills before this was announced (I'm assuming that no smart person is going out and buying the phone now that this news is out) to avoid any interest (or in the case of the interest-free period cards, paying it back to avoid having to do accrual accounting with their finances). If the card's paid off, it's very very difficult to organise a backcharge with credit companies ("why did you pay your credit card bill if it had an erroneous charge instead of contesting it?").

    25. Re:Is that even legal? by Anonymous Coward · · Score: 0

      The point is, that you bought a phone that was only promised to work with att.

    26. Re:Is that even legal? by laparel · · Score: 1, Interesting

      What the fuck has morality got to do with this? I hope to all that is holy that you're being sarcastic.


      You seriously consider unlocking/hacking an iPhone, which you legally bought and own, to be morally wrong? Now unlocking the phone would void the warranty, yes; but that doesn't give Apple the right (nor moral high ground) to purposely brick my unlocked iPhone because they, "clearly state that the iPhone will only work on their network."


    27. Re:Is that even legal? by arkanes · · Score: 2, Insightful
      The iPhone is hardware, and as such you can't disclaim warranties of fitness for purpose the way you can with software. It's amazing to me how many people here are so willing to just accept any sort of claim that a company can do anything it wants to your product, *after* you buy it. You probably voided your warranty, but if Apple intentionally pushes a brick update, or even has a good reason to believe it'll brick it, there's all kinds of justification for a claim.

      Unlocking phones is something that is explicitly legal in the US - there's even a DMCA exemption for it. There's absolutely no legal justification for doing this.

      Furthermore, Apple got their money, and so did AT&T - you can't buy an iPhone without a contract, so everyone with an unlocked phone already paid everyone involved. There's no moral justification for doing this either. Apple is getting arrogant in its success, and it's making the same old "lock everything down" mistakes that led to it being destroyed by the PC.

      The people who have iPhones right now are, by and large, Apples best customers. They're early adopters, who love shiny gadgets and who are willing to pay a premium to get the latest thing right away. They're the bread and butter of Apples product line. They don't give a damn about AT&T, though, and bricking their phone in an attempt to force people to stay with them would be a huge mistake.

    28. Re:Is that even legal? by schon · · Score: 5, Insightful

      I think the unlocked iPhone owners are the ones not playing fair. Poor Apple - people are buying things from them and then using them in ways that Apple hadn't intended! That's so totally unfair to Apple I can't believe it!

      I mean god forbid that someone would buy something and then not expect the vendor to have complete and utter control over it! What is this world coming to?!?!
    29. Re:Is that even legal? by mark-t · · Score: 1

      Can you say "insurance fraud"? And hey... by openly mentioning that method and encouraging people to use it, you've even given insurance companies all the proof they would need to refuse such a claim.

    30. Re:Is that even legal? by Anonymous Coward · · Score: 0

      I always thought it was the $10,000 computer that did it. ;)

      100% profit margins and OBSCENELY overpriced equipment can only last for so long....

    31. Re:Is that even legal? by Moridineas · · Score: 4, Insightful

      Yeah seriously, just the other day I broke my Xbox while installing a modchip--it doesn't work at all now!

      Yet those MICROSOFT FAT CATS won't let me return it--can you believe that??

    32. Re:Is that even legal? by slashname3 · · Score: 4, Insightful

      "not legal as they are challenging a consumer's right to do with his personally owned property what he wishes."

      Apple is not going to go out and force those users to install the update. Those users that have voided their warranties and unlocked their phones were given a warning. Apple was actually being nice instead of just putting out the update and then having a huge splash in the news when all those unlocked iPhones suddenly turned into bricks.

      Once someone unlocked the phone Apple's no longer has an responsibility to make future updates work with that hack. The end user is responsible. The end user can do whatever they want with the product. Just don't go back to the company that sold it to you and complain if you can not get it to work outside of the network they told you it was designed for.

    33. Re:Is that even legal? by jonnyj · · Score: 4, Interesting

      IANAL but in the UK this would almost certainly breach the Computer Misuse Act. Section 3 says that "A person is guilty of an offence if (a) he does any act which causes the unauthorized modification of the contents of any computer". All that's needed is a simple letter to Apple and O2 telling them that you withdraw any previously granted permission for them to modify your firmware in any way. In so doing, you might put yourself in breach of your contract with O2 but I doubt if the right to push sofware onto your handset would be regarded as a fundamental contract term.

    34. Re:Is that even legal? by 644bd346996 · · Score: 1

      Smart is irrelevant. It's the morality of it. If you went out and bought an iPhone and didn't plan on using att, this is what you get. They clearly state that the iphone will only work on their network. If you decide to prove that wrong and mess up your phone why should Apple and/or the credit card companies exchange your money/replace your iphone? Because in the field of consumer electronics, software should never, ever be able to destroy the hardware. And because Apple knew full well that people would want to hack the iPhone, and they should have tried to make the system safely hackable, even if they didn't want any users doing it.
    35. Re:Is that even legal? by Applekid · · Score: 5, Insightful

      What isn't fair, is voiding your warranty then crying foul when it breaks. It's one thing to void your warranty and crying that they won't fix your mistake. It's another thing altogether to void your warranty and have them reach out and break an otherwise 100% working phone.
      --
      More Twoson than Cupertino
    36. Re:Is that even legal? by TheMeuge · · Score: 1

      They are not a financial company, and the changes are related to development rather than business. Without the requirements of the Sarbanes-Oxley, they only have to have a CONSISTENT policy of data storage... wherefore they can make a policy under which all emails in the development department are deleted after 30 days.

    37. Re:Is that even legal? by cyberworm · · Score: 1

      When I mentioned "morality" I was referring to voiding your warranty, ending up with a broken phone, then trying to return it/replace it at someone else's expense.

      I do not consider unlocking an iphone to be immoral.

    38. Re:Is that even legal? by labyrinth · · Score: 1

      Be sure to make the call to your insurance company before you wreck the phone..

    39. Re:Is that even legal? by EastCoastSurfer · · Score: 4, Interesting

      It's possible this has happened, but has MS pushed down an update to the xbox which bricked it (prevented it from ever playing games) if it had a modchip?

    40. Re:Is that even legal? by Goaway · · Score: 1

      In my mind, morality is never, ever dependent upon who is on the other end of the equation. Why not?
    41. Re:Is that even legal? by Richard_at_work · · Score: 5, Interesting

      Don't apply any updates then, its that simple.

      Apple are selling what is essentially a sealed unit, every single device out there should be 100% identical (other than user data) in Apples view, so why should they check to see if their universal update to the iPhone would cause your individual unit harm? Its an extra hassle and effort that they really should have no need to do, since they sold the item with the intent of it remaining identical.

      If you change the game by modding or unlocking the iPhone, the onus is on you and you alone to then keep abreast of the play and pay due diligence to any updates to ensure they don't have any adverse effect on your non standard item.

    42. Re:Is that even legal? by cyberworm · · Score: 5, Insightful

      And because Apple knew full well that people would want to hack the iPhone, and they should have tried to make the system safely hackable, even if they didn't want any users doing it.


      That is some seriously flawed logic. Look, the iPhone was promised to only work on Cingular/Att. That's it. That's all. You had three simple choices.

      a)buy iphone with att service
      b)buy iphone, unlock it, and bite the bullet
      c)don't buy iphone

      Apple isn't obligated to do any of the things you mentioned. All Apple has done, is sell a device that works as advertised. That is their only obligation.
    43. Re:Is that even legal? by TooMuchToDo · · Score: 1
      How you get to morality is beyond me. The DMCA specifically includes language that unlocking a phone is completely legal. If I pay Apple $600 for a piece of hardware, that hardware is mine to do what I want with it (Just like the Tivo I purchased). This is the same thing as saying I can buy a car from NonExistentCarCompany, but if I make any changes to it whatsoever, I'm hosed (which of course isn't the case due to law).

      I can understand Apple putting methods into their devices to push you towards ATT, but to brick it if you do figure out how to unlock it? I'm quite sure legal problems are going to ensue (forgive the pun).

    44. Re:Is that even legal? by jimicus · · Score: 1

      Ever heard of binary deltas? It's the binary equivalent of diff(1), and if the upgrade process blindly applies a binary delta to a binary which has been hacked around with, it's quite possible that the end result will be unbootable.

    45. Re:Is that even legal? by 1u3hr · · Score: 1
      If you don't keep your phone updated, then you run a much greater security risk.

      Risk of what? Losing data? Surely you would not have your sole copy of anything, even your address list, on a phone, just because they're prone to physical damage and being lost. Data being stolen? Maybe. But unlikely, I feel. Much more likely to have the whole phone stolen.

    46. Re:Is that even legal? by geeknado · · Score: 1
      I'm with you so far as buying the 'not meaning to' line-- while it's conceivable that a company might intentionally do something like that, 'wrong headed' wouldn't even begin to describe it. Bad PR and no more money for the company? Not a good move. *Indifference* to bricking the modded iPhones is fairly likely.

      I do wonder about some of your other assumptions, however. Most unlocked iPhones have undergone a hardhack(and there're apparently several different techniques, so it's probably bad to generalize here). I'd imagine this could conceivably make them incompatible with the current firmware...I'm not sure how likely I find that, but I'd be very reluctant to flash a modded iPhone with such firmware regardless of its software state.

      More on point, however, to the issue of 'real' bricking-- firmware flashes can be dangerous. I've had a mboard or two bricked by doing a flash, as have many(which is why there're all sorts of warnings associated with new BIOS releases). Depending on the actual issue encountered, your device may be totally unresponsive. I'd imagine it could be resolved by replacing the involved chips, but it seems unlikely that Apple's going to help you out there.

    47. Re:Is that even legal? by TooMuchToDo · · Score: 1

      How can it be immoral that Apple pay a chargeback, if their warranty terms include not unlocking the phone (which is explicitly permitted by law)?

    48. Re:Is that even legal? by cyberworm · · Score: 3, Insightful

      if it's working 100%, I guess you won't be updating yours and you have nothing to worry about. :D

    49. Re:Is that even legal? by TigerPlish · · Score: 2, Funny

      Is that even legal?


      Jobs, in his best Palpatine voice: "I will make it legal!"
      --
      The "Civilized World" jumped the shark ca. 1973.
    50. Re:Is that even legal? by IdleTime · · Score: 1

      Lol, yeah....
      It amazes me that people see Apple different from MS when they both use the same tactics. Apple is no better or worse than MS, one has tons of vocal fanbois, the other tons of haters.

      --
      If you mod me down, I *will* introduce you to my sister!
    51. Re:Is that even legal? by Anonymous Coward · · Score: 1, Interesting

      I agree. Unlocking a phone is not hacking or cracking. Even Wal-Mart advertises and sells unlocked phones. Just because Apple does not like the practice or unlocking does not fit into their business plan or revenue stream does not make it illegal, immoral, or wrong for you to do it. Willfully or negligently bricking an unlocked phone is immoral. If they know a phone may be bricked, they should take action to avoid it. If they did not know, they can claim ignorance. The simple fact that they acknowledged it could be bricked shows they are aware of the situation and may not have taken action to correct the issue.

      Upgrading firmware on any device is a risk, some companies take better controls than others to avoid problems. If error checking, check-sums, verification, initial status checking etc are not used, there will be an increase in problems. All Apple would have to do is get a check-sum on the current firmware and if it is not a valid Apple load, throw an error code and abort the firmware update process. There, no bricks on hacked firmware. They should be doing this anyway. Problem though is Apple may actually want to get rid of the hacked firmware and may proceed to attempt an upgrade that is of an unknown status. At that point, the motivation changes from "here is a helpful update" (first scenario) to one that "you are skirting our business model and we want it to stop" (second scenario). Which will they choose?

    52. Re:Is that even legal? by TooMuchToDo · · Score: 2, Informative
      You can do a chargeback against a charge on your card up to 90-120 days back, even if you've paid the balance (your mileage may vary, but this is my experience with American Express personal/business cards).

      FYI, I'm the GPP.

    53. Re:Is that even legal? by roman_mir · · Score: 1

      50% insightful, 50% overrated. I guess it should also be 50% provocative.

    54. Re:Is that even legal? by ubrgeek · · Score: 3, Insightful

      As far as I can tell, this is marked troll and the parent flamebait because it speaks of Apple in a bad light. I'm as big an Apple fanboy as anyone (five+ macs at home and have been using them for years) but that doesn't change the fact that Apple is in the wrong here. What's wrong with Cyberworm saying so? (And here comes the mark-me-downs...)

      --
      Bark less. Wag more.
    55. Re:Is that even legal? by petermgreen · · Score: 1

      I don't think they have ever gone as far as bricking but IIRC they do permanently block modchipped XBOXes from XBOX live

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    56. Re:Is that even legal? by TooMuchToDo · · Score: 5, Interesting
      Heh chief, better check your facts. You don't agree to the contract when you buy the phone. You agree to it when you activate it at home. If I don't activate it with ATT, I don't agree to any contracts.

      Also, I have a problem with a company actively preventing you from doing something protected by law (unlocking a phone is protected under the DMCA).

    57. Re:Is that even legal? by Kymri · · Score: 1

      The way I see it (and I freely admit that this is the way *I* see it, and not the way everyone necessarily does or should), a choice and an action is either moral or immoral at it's root.

      An immoral choice may well be the 'right' choice and the 'justified' choice (since the end really CAN justify the means in some cases). Choosing not to evacuate or warn Coventry when it was known a Luftwaffe bombing raid was going to hit it was immoral. It was also quite clearly justified.

      I see justification and morality as separate issues. Immoral actions may be justified, and moral actions may be contra-indicated at times.

      Stealing is still stealing, even if you are stealing from a billion dollar corporation. Because you're stealing from Microsoft instead of Ambrosia Software doesn't make it any more moral to be stealing. Less harm might be done, and it might be argued that it could be justified (just using hypotheticals here), but theft doesn't suddenly become moral because the victim is hugely wealthy.

      --
      Evolution ceases when stupidity can no longer be fatal.
    58. Re:Is that even legal? by Ilgaz · · Score: 0, Redundant

      If people are afraid of firmware updates which sure includes security updates, there will be thousands of communication devices with a very high CPU speed and fast (EDGE fast) Network connection around.

      Those devices owners, unless they have stolen them has real good amount of money in bank too.

      So, do you remember the 3rd party application lock was for? Security? :) I am not speaking about J2ME they ignored which a $50 phone can do and run Opera Mini for example.

      I got a Nokia 9300 Symbian 80 series phone here, I am a very conservative user without any kind of "hacked" firmware since it came without Simlock and Symbian offers a huge SDK all free even including free application signing to open source developers.

      Why should I hack it at all? I am happily running a $10 SMS Anti Spam tool which got installed by "opening" the .sis file without any hacks or something for example. I run whatever latest Nokia Firmware is, installed at service centre for $10 or something.

      Also I must add that firmware update has fixed so many issues on my Nokia that I even started to purchase J2ME apps,services. A firmware on a device is more like a OS update.

    59. Re:Is that even legal? by cyberworm · · Score: 1

      btw before anyone mods me any further into hell, I was referring to the morality of breaking your phone and returning it at the expense of the manufacturer/credit card company, and not hacking the iphone.

    60. Re:Is that even legal? by Anonymous Coward · · Score: 0

      "Also, Apple is the one not playing fair here"

      Since when has this argument ever worked?

      I can't remember a single time in my life that "that's not fair" was accepted as a valid basis for action.

      If your argument boils down to what a third grader says when he doesn't get his way, then it's not much of an argument.

    61. Re:Is that even legal? by TigerPlish · · Score: 1

      Smart is irrelevant. It's the morality of it. If you went out and bought an iPhone and didn't plan on using att, this is what you get. They clearly state that the iphone will only work on their network. If you decide to prove that wrong and mess up your phone why should Apple and/or the credit card companies exchange your money/replace your iphone?


      That it "only" works with ATT is a ruse, done in software. The thing should work on any GSM/GPRS network. Perhaps not 100% pretty, but it should work in the sense that it can take and make calls. The maker of the device chose to strike a deal with the service provider to be "exclusive." In other words, they've artificially limited what the thing can do. To like, maximize profit.

      Profit. Has nothing to do with morality. And the people who unlocked it are not guilty of having low morals, they're guilty of wanting choice -- the one thing Apple will never willingly provide.

      Maybe you *should* spike yours, as it is apparent the workings of the technology is > you, *and* you naively trust what Corporate Amerika tells you.
      --
      The "Civilized World" jumped the shark ca. 1973.
    62. Re:Is that even legal? by Andy+Dodd · · Score: 1

      If they could they would. Most likely there was no way to do that.

      They have explicitly banned Xboxes detected as containing a modchip from Xbox Live, and I'm not sure if they refund any remaining time on your account if it is banned for that reason.

      Most subscription services have a clause in the contract/EULA that says "If I violate the TOS, any remaining time/funds on my account are forfeit."

      --
      retrorocket.o not found, launch anyway?
    63. Re:Is that even legal? by walt-sjc · · Score: 1

      Data being stolen? Maybe. But unlikely, I feel.

      Um, you may want to look around. The security vulnerabilities are already out there for the iPhone allowing black-hat web sites to grab all your data. That type of thing is exactly what needs to be fixed.

    64. Re:Is that even legal? by frdmfghtr · · Score: 5, Informative

      Poor Apple - people are buying things from them and then using them in ways that Apple hadn't intended! That's so totally unfair to Apple I can't believe it!
      Sarcasm aside, that is exactly the same reason why unlockers shouldn't bitch if their iPhones become iBricks. They are using them in a way the manufacturer hadn't intended them to be used.

      From the iPhone warranty:

      This warranty does not apply: (a) to damage caused by use with non-Apple products; (b) to damage caused by accident, abuse, misuse, flood, fire,
      earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Apple; (d)
      to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized
      Service Provider ("AASP"); (e) to a product or part that has been modified to alter functionality or capability without the written permission of Apple;
      (f)
      to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but
      not limited to scratches, dents and broken plastic on ports; or (h) if any Apple serial number has been removed or defaced.
      In other words, swim at your own risk, but don't bitch to us if you get eaten by an alligator; you were told to stay out of the water.

      The other option is to simply forgo the update, or re-lock it.
      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    65. Re:Is that even legal? by cyberworm · · Score: 1

      Yeah, I'm with you there. I've got 5 macs here at home (and an xserve hanging from the ceiling running a small enterprise). I'm a bit confused as to how I ended up getting modded flamebait, but I definitely wasn't talking bad about apple. My intended targets are the people who are going to whine about their device not working outside of att (the only place it was guaranteed to work in the first place). I'm guessing more than a few people with unlocked phones have too many mod points this morning.

    66. Re:Is that even legal? by bleh-of-the-huns · · Score: 1

      The contract would have been extended or initiated when you registered the phone through itunes on the initial setup. There are ways to bypass the initial itunes setup, and unlock (not sim unlock) the phone (most notably youtube and wireless were useless till you registered the phone) so that the phone was completely usable without having to extend or initiate a new contract with ATT

      --
      I came, I conquered, I coredumped
    67. Re:Is that even legal? by bmw · · Score: 1

      Modded troll? Morons.

    68. Re:Is that even legal? by Andy+Dodd · · Score: 1

      Most likely, this is not a case of software destroying the hardware.

      It is a case of software destroying other software.

      i.e. installing the update on an unlocked iPhone will corrupt the bootloader of the phone, effectively destroying it (unless you have the ability to reflash it with JTAG, which only Apple has for now.) without actually doing any hardware damage.

      --
      retrorocket.o not found, launch anyway?
    69. Re:Is that even legal? by Ilgaz · · Score: 1

      As far as I can tell, this is marked troll and the parent flamebait because it speaks of Apple in a bad light. I'm as big an Apple fanboy as anyone (five+ macs at home and have been using them for years) but that doesn't change the fact that Apple is in the wrong here. What's wrong with Cyberworm saying so?

      (And here comes the mark-me-downs...) The iPhone users and fans are wrong since Steve Jobs never promised any SDK, guy ignored Java even which is a _must_ on any mobile device since no bank will sit and code a password generator because their 1000 customers are using a stylish widget.

      When people said these, they got modded as "troll", "flamebait", "dugg down" and now, they say "We said so" and they get modded "troll" again.

      If you want a real smart phone with complete 3rd party application support even including low level kernel calls, you buy Symbian, Qtopia, WinCE or a really perfect J2ME supporting handset like Sony Ericsson. Period. There is no other way.

      Apple is wrong by not supporting any SDK because they are so afraid of being a true rival to Microsoft and change the entire mobile scene. They are wrong because they are afraid of possible iTunes store rivals selling music to iPhone owners via iPhone. The issue here is, people buying iPhone knowingly, even waiting on lines and expect to change Apple's mind by Digg and Slashdot comments.

      It won't happen.

      What you should do is, having entire home and business setup on Mac (including XServe hosting) and REJECT to buy iPhone because it doesn't have SDK announced.

      My next "smart device" if this 9300 becomes awfully outfashioned will be another 9300 like "mini laptop" having a real OS, SDK and Java support. It is not the price, it is the date. It is freaking 2007 for God's sake.

    70. Re:Is that even legal? by GodsBlood · · Score: 0

      Now my question is, what exactly do they need to update that would cause such brickage. Three new fonts and Ms. Pac-Man.
    71. Re:Is that even legal? by Zibblsnrt · · Score: 1

      I'm kinda getting the impression that Apple's operating on the assumption that they still own each and every iPhone, and that you're only paying out your ass to borrow the things.

      I'm increasingly tempted to just get a bullhorn for my telecommunications purposes...

      --
      "All that is necessary for evil to succeed is for good men to do nothing." - Edmund Burke
    72. Re:Is that even legal? by gbutler69 · · Score: 1

      Don't you know that you don't OWN your iPhone? AT&T and Apple does. They are free to enforce whatever sorts of restrictions they want upon your use. You've only purchased a license to use the iPhone in the way AT&T and Apple intended. You don't have any right to use your iPhone outside of the way they intend you to use it.

      Don't be an idiot and try to exercise dominion over the iPhone. It's not yours. It belongs to Apple and AT&T. Stop trying to steal right away from them.

      You should be ashamed of yourself you thieving liar! You should go to prison. Maybe you should be hanged!

      --
      Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
    73. Re:Is that even legal? by Pope · · Score: 1

      I've never heard of this "IPayApple" company, what do they do? I've heard of Apple, which makes the iPhone.

      Anyway, if you've modded your iPhone and voided your warranty, you have no recourse against Apple if a software update bricks your phone, trying to do a chargeback because you deliberately fucked with your phone is fraud.

      --
      It doesn't mean much now, it's built for the future.
    74. Re:Is that even legal? by frdmfghtr · · Score: 1

      In bad form, I'll reply to myself...

      Regarding the whole legality of locking and unlocking...it's been said that unlocking is legal under the DMCA, which is likely why we haven't heard any lawsuits being slung about at the unlockers. However, just because it is legal doesn't obligate Apple (or any manufacturer for that matter) to support a device that has been modified outside the design parameters.

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    75. Re:Is that even legal? by joeytmann · · Score: 2, Insightful

      Go ahead and buy your car from NonExistentCarCompany. Then go buy a cpu upgrade to up the cars performance, burn out the piston rings and crack a cylinder head the go back to the dealer of the NonExistentCarCompany and ask them to fix it. They will look at your cpu upgrade and go, sorry this isn't under warranty you have to pay for it.

      use a product, any product, outside of the way it was designed and marketed to sell at your OWN risk and we the company are not liable. I do believe this is pretty much standard language of any warranty on any product being sold today.

      --
      Insert funny smart-ass comment here.
    76. Re:Is that even legal? by digitalchinky · · Score: 0

      Try and think with your own brain once in a while, repeating what you've seen or heard other people say is just sheepish. The iphone was designed to operate within the GSM specification, it was not designed to operate on a single network. If iphone users have not contracted with AT&T, where exactly is their obligation to do so? All they did was buy a piece of hardware. People have the absolute right to have the simlocks removed, indeed US law even says they can do this. I suspect Apple will eventually find they have a legal obligation to make their updates work with the iPhone, unlocked or otherwise.

    77. Re:Is that even legal? by the_B0fh · · Score: 1

      What has this to do with morality? If you bought a Ford, and Ford tells you that you can only use Exxon gas, and you install an adapter to use Shell, that's immoral?

      And then, if Ford has a recall, and you bring your car in to get the new part fitted, and Ford sees the adapter, and kills your car, that's moral? And if you return the car for being dead, that's immoral?

      WTF is wrong with the world? Electronic equipment should have the *SAME* protection as other tangible material things you buy, like furniture, or even cars.

      Only in software do you get the "this is warranted for nothing, NOTHING, you hear", and people still buy it, like sheep.

      People should read the book "The Software Conspiracy"

    78. Re:Is that even legal? by cyberworm · · Score: 1

      Ooo.... you spelled America with a K. That's too witty for me.

      Ha ha ha ha. Good one. You're absolutely right. I only come to slashdot to read the big words, so I have something that sounds smart to say next time I'm in a meeting.

      I guess I missed the part where these people unlocking their iphones were somehow mislead into believing the phone would function elsewhere. I'm certainly not oblivious to the fact the hardware will work with other carriers. I just seemed to have missed the part where you were guaranteed that your phone would still work outside of att's network. I must have been drinking the Kool Aid when Steve mentioned that....

      Seriously though, if you don't like the terms attached to the iPhone and can't afford the risks involved with hacking it, why did you get one?

    79. Re:Is that even legal? by bleh-of-the-huns · · Score: 1

      Yes, you are the reason that insurance rates are so high.. well you and people like you who abuse the insurance process. That being said, from a legal standpoint, if there is a hardware issue, I do not think Apple can say go away, your warranty is void. Well they can, but I am sure someone would be able to challenge it in court. Sure, if you mess with the software and there is a problem and the phone stops working, your on your own, that is perfectly legal, but if say the screen fails, on its own, or there is any other hardware failure, the warranty should still cover that. Take a look at the auto industry, I believe way back when, many many years ago, the auto manufacturers tried a stunt like this to prevent you from using third party aftermarket parts (example radios and turbo's etc etc). In the end, all that ends up with a voided warranty are the pieces you screwed with, you put in an aftermarket radio and your engine randomly stops working, they still have to warranty the engine, but they will not have to bother helping you with your radio problems.

      --
      I came, I conquered, I coredumped
    80. Re:Is that even legal? by abaddononion · · Score: 5, Insightful

      That's a fine point, but I'll respond with the standard question (and, maybe this doesnt apply to you. I have no previous history with you, so I dont know):

      Why is it that when a company like Microsoft or Oracle does some sort of lock-in or stunt like this, they're "so evil" and it's just such a demonstration of how evil they are, but when Apple does it they're just "doing what a business has to do"?

      You are absolutely correct in your point. Apple is no way obligated to "support" hacked iPhones. However, how does it BENEFIT them to go after the phones and turn them into bricks? And you can just about bet with safe odds that this WAS deliberate. They are going after these hacked iPhones as if they were a threat to the company and their profits, and that, to me, is just... well, asshole.

      I agree that Apple's not obligated to supply full support for hacked iPhones. I agree with that 100%. And if this new bricking was *caused* by a REAL feature-upgrade that Apple was trying to do, and it *happened* to collide with the hacks... then that's fine and dandy and sucks for everyone. However, I dont think anyone believes that's what is actually happening here. Apple (like Sony), has shown again and again that they are SERIOUSLY against homebrewing of any sort, and will implement over and over again whatever features they can to stymie those efforts. Everyone can readily admit that Sony is a bunch of assholes over their handling of the PSP. Why is it just SO hard for people to admit it with Apple? As I said, maybe this doesnt apply to you. Maybe you're always even-handed and would have come out and supported Microsoft or Sony or any of those other companies if they were doing this exact same stunt. However, if you would not have, perhaps you should take a look at yourself and consider "You might be a fanboy".

    81. Re:Is that even legal? by Dog-Cow · · Score: 4, Informative

      You need not ever pay AT&T a dime to own an iPhone.

    82. Re:Is that even legal? by petermgreen · · Score: 1

      If you don't keep your phone updated, then you run a much greater security risk. Kinda like running Windows XP with no security patches applied. Really want to run that risk???
      If the alternative is having my device bricked then yes.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    83. Re:Is that even legal? by sabinm · · Score: 5, Insightful

      Let's get beyond the fact of bricking. This response is wrong on so many levels. There was no contractural obligation to sign up with ATT. I can buy a million Iphones and simply use them as expensive Ipods. That's my choice. No one was obligated to buy the AT&T service (of course most did, because it brought intended value to the purchase). ATT can't sue anyone for anything if they never signed up for a plan with them. To say so speaks volumes to how much Apple and AT&T's PR progam has fooled you into thinking you're somehow morally and legally obligated to purchase both the phone AND the plan.

      In addition, it's completely legal to unlock your phone under the DCMA to use on other carriers. It's one of the few exceptions allowed to 'consumers'. Now I don't have an Iphone so I don't really have a dog in this fight. I don't really care if some random guy's phone gets bricked or not. Do I think it's a dumb move? Yes. Do I think apple is completely justified in protecting it's revenue stream? Yes. You can bet the AT&T and Apple's legal department are very carefully looking at just how much effort Apple puts into ensuring their two year exclusivity agreement remains exclusive. You can also bet the other carriers around the world with whom Apple has a contract are looking at the results of Apple's efforts to squash cell phone freedom. These are completely different issues that you shouldn't confuse. I just wanted to let you know that you are completely wrong about contractural obligations. Do you think those guys from "Does It Blend" are liable to AT&T for blending their Ipod without purchasing a cell phone contract?

      --
      http://cincyboys.blogspot.com/ Everything Cincinnati. Including the word 'Finnih'
    84. Re:Is that even legal? by ryanov · · Score: 1

      The unlock did not brick the phone in such cases, the update did. If an update bricked my phone, the phone is going back -- I don't care what I did to it prior. How is Apple going to prove anything one way or the other?

    85. Re:Is that even legal? by Anonymous Coward · · Score: 1, Insightful

      A mod chip is probably different from a software change.

      Let me put it in slashdot terms:

      A dell/hp/whatever computer (hardware like the iphone) you buy has the warranty voided when you load linux (the iphone software unlocker or 3rd party app). Does that sound reasonable or fair?

    86. Re:Is that even legal? by starnix · · Score: 1

      How about this. Go buy a new Mustang from the local ford dealer and take it to the drag strip and run it to redline over and over. Then when the engine blows, take it back to the dealer and tell them to replace it. Let me know if they actually do replace it or laugh in your face. Point is, Yes, it is legal to unlock an iPhone but it is in no way Apples responsibility to support it unlocked. You are using it outside its intended use. Stop bitching if it breaks. Or, just don't update it. There are ways around this.

    87. Re:Is that even legal? by petermgreen · · Score: 1

      Apple knows as well as we do that blindly (e.g. without doing checksums first) applying a binary diff is likely to break modded phones. If they go ahead and do it anyway then it is a clear indication that they want to (or are being pushed to by ma bell) brick modded phones.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    88. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Ummm... maybe the firmware, that was hacked and patched by the unlocking groups? Is it really such a stretch of the imagination that hackers, by making unauthorized changes to a firmware image, might cause some changes that are not restorable by the iTunes restore process, and are not forwards compatible?

      That's all Apple has said. And just because you're an angry person who hates corporations doesn't mean that you're a technical expert on the iPhone.

    89. Re:Is that even legal? by mpe · · Score: 1

      However, just because it is legal doesn't obligate Apple (or any manufacturer for that matter) to support a device that has been modified outside the design parameters.

      In which case maybe they should not have fitted the device with a standard GSM SIM connector..

    90. Re:Is that even legal? by CiQuat · · Score: 1

      You mean just like the fact you have the right, as a consumer, to not update your phone?

      When you purchase the phone you can make the decision to unlock it. But, as with all decisions, there may be consequences. The consequences of unlocking your iPhone (and doing with it what you please) are that you can no longer receive direct updates from Apple. They are not hampering your ability to use it as you wish; you just want to have your cake and eat it, too.

    91. Re:Is that even legal? by Mr.+Mindless · · Score: 1

      no, it's more like complaning that a software update to the OS it shipped with does not work with the linux that you are running on it.

      --
      - MM
    92. Re:Is that even legal? by mpe · · Score: 1

      Because in the field of consumer electronics, software should never, ever be able to destroy the hardware. And because Apple knew full well that people would want to hack the iPhone, and they should have tried to make the system safely hackable, even if they didn't want any users doing it.

      Indeed they probably had to apply extra effort to make it unsafe.
      There are standard ways of both locking GSM phones to networks and unlocking them. The worst that Apple's "upgrade" should be capable to doing is relocking the phone to the default carrier. For the upgrade to be capable of "bricking" phones which have been unlocked (without hardware modification, which shouldn't be necessary in the first place) implies either the update contains malicious code or the code is so badly written no-one in their right mind would want to run it.

    93. Re:Is that even legal? by abaddononion · · Score: 2, Insightful

      There is a large difference in taking it back to NonExistentCarCompany and saying "Please fix my car", and NonExistentCarCompany pushing out an upgrade via WLAN that will cause your car to get auto-upgraded and stop dead in the middle of the road somewhere.

      Or, better yet, say you took your car to NonExistentCarCompany, and they said "This isnt under warranty", and then ran a software upgrade which caused your car not to start anymore. Now, even further, imagine that this "problem" wasnt a mistake at all, but they are DELIBERATELY crippling your upgraded vehicle.

      The issue here isnt about whether or not Apple is required to take care of hacked iPhone user's phones. The issue here is that Apple is almost certainly SABOTAGING a product that you bought from them, and ARE USING WITHIN THE LIMITS OF THE LAW.

      Right, you're not using the product within limits of the warranty. That's fine and well. But you ARE using it legally, and Apple is going out of their way to DESTROY YOUR property. To me, this is tantamount to vandalism on a semi-massive level, and whether or not Apple is within bounds of the law here DOES need to be questioned.

      Remember, if they are DELIBERATELY disabling these iPhones, they are *not* working on THEIR devices. They are going after other people's merchandise and shutting it off, not because you broke the law, but because they just "dont approve of what you're doing with the device they manufactured".

      Even Microsoft at least has the fallback standpoint of "We're trying to stop the people who steal our software, which we have a right to charge for". People with unlocked iPhones didnt STEAL the iPhone. They already paid Apple their damn money. And if Apple is going after them to shut them off for "not being our ass-slaves and doing everything the exact way we tell you to", then in my opinion this is completely unacceptable corporate behavior. It only remains to be seen how the legal system feels (or is paid to feel) about that.

    94. Re:Is that even legal? by lancejjj · · Score: 4, Interesting

      Apple's taking the position that they don't "mean" to brick it, but it just "might happen" anyways, which of course is total bullshit. As someone who has worked in the world of firmware of the mobile telephone industry, I can tell you that users can very well "brick" their device once they start messing with low level code.

      All of our code went through an amazing amount of quality control - from design to deployment - to ensure that device never becomes a brick. However, in one instance, I recall another manufacturer with exactly that problem - the software was flawed enough such that the device could brick itself.

      There was a work-around: ship the unit back to a service center, have a tech open up the device, and snap on a specialty programmer to reload the corrected low level code. The problem was that the manufacturer was not prepared for such an event, and so they didn't have the techs or equipment to perform this service fast enough for consumers. The cost went into several millions.

      Of course, that's the case of a device with a flaw delivered from the manufacturer. It's quite different when the customer starts messing around with the guts of low-level firmware. At that point, it is only fair to have the customer pay for the physical disassembly and reprogramming, shipping, and associated administrative costs.

      So "might" it happen? Yes, as it has happened, both by the manufacturer (in error), and countless times by individuals who screw around and inadvertently change APIs or inject buggy code that could be invoked by a simple software update. This isn't just an Apple thing - it happens industry wide.

      I'm not saying that iPhone hackers are wrong. I'm just saying that they have to be very careful, and be prepared to "eat the cost" of any changes that brick the device. Changing low-level code is NEVER something to do without a lot of careful checking.

      Hell, I know of a few dozen motherboard manufacturers that say that you should never upgrade your BIOS with even official updates unless you are very very sure that you need the update. I'm sure THEY wouldn't be too keen on getting back a few 10,000 motherboards with crapped out, user-customized BIOS firmware - why should Apple?

    95. Re:Is that even legal? by Zironic · · Score: 1

      I think that will most likely be covered. I don't think the warranty actually states how you're allowed to use the car.

    96. Re:Is that even legal? by Volante3192 · · Score: 1

      I don't see why Apple is in the wrong at all here. The iPhone is in the realm of what I'd consider "no user servicable parts inside," like a game console.

      There was a similar thread earlier this month about Nintendo taking the same course of action with the Wii. Frankly, Apple has a set piece of hardware they're going to update for and they don't want or need to care about other software or hardware added by a third party.

      You can mod your car, but if you go too far, it will no longer be street legal.

    97. Re:Is that even legal? by frdmfghtr · · Score: 1

      Why is it that when a company like Microsoft or Oracle does some sort of lock-in or stunt like this, they're "so evil" and it's just such a demonstration of how evil they are, but when Apple does it they're just "doing what a business has to do"?
      If MS or Oracle did the same, I'd hold the same opinion. If the warranty states that the manufacturer doesn't support unauthorized hacks and will void the warranty, then you do your mods at your own risk.

      I try to be even-handed, even though it doesn't always turn out that way.
      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    98. Re:Is that even legal? by HermMunster · · Score: 1

      The Library Of Congress exemption to the DMCA that permits the unlocking of a cell phone protects us against companies that intentionally lock their phones. It was set up to allow us to safely unlock our phones so we could use them on other providers. In a way it was tacitly set up to protect us from allowing companies such as Apple from breaking the phones once the unlock was done.

      Expect to see Apple receive cease and desist letters telling them that it is illegal to undo the unlock or to code anything that will will harm our rights to unlock the phone.

      Everyone that has an iphone can legally send the letters. DMCA letters, and other letters. Everyone should send the letter whether they unlocked it or not because it will protect your rights in the future. Even if you don't want to unlock your iphone you may want to unlock a phone in the future and supporting this now supports your efforts in the future.

      --
      You can lead a man with reason but you can't make him think.
    99. Re:Is that even legal? by 644bd346996 · · Score: 1

      That's kind of the point. On a device like this, the bootloader and OS update code should be in ROM, not Flash. That's standard practice for most companies, but apparently Apple doesn't like having failsafe procedures for their stuff.

    100. Re:Is that even legal? by starnix · · Score: 1

      Rolling onto a dragstrip automatically voids your warranty.

    101. Re:Is that even legal? by TigerPlish · · Score: 1

      Seriously though, if you don't like the terms attached to the iPhone and can't afford the risks involved with hacking it, why did you get one?


      And what in my post gave you the idea that I have an iPhone? I'm not a trendy fashion whore, I don't run out and get the latest $SHINY because some blog, ad or other intrusion says I must get it.

      For my mobile musical enjoyment I have my 8gb sansa, no DRM, no hassle, no iTunes, no lock-in. That, and a set of in-the-ear phones, and I don't have to listen to your iPhone's ringtones. Or the ads urging me to Buy It.

      As for Corporate Amerika, wake up and smell the Starbucks Coffee. You have what they want. They'll stop at nothing to get it. Guess who actually runs this country? It ain't the gov't. The gov't is just an intermediary.

      --
      The "Civilized World" jumped the shark ca. 1973.
    102. Re:Is that even legal? by marcello_dl · · Score: 1

      But you didn't mess up the phone. Apple is telling you THEY might. Besides, i expect a 50$ dvd player to be brickified by a failed firmware update, not a top of the line phone from a leader like Apple.

      Apple wants to be dying again. I take note.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    103. Re:Is that even legal? by erroneus · · Score: 1

      Many times, updates to phones have been pushed from the service provider without the option of the user being able to block them. I fear such an update might come from Apple. Further, even if the forced update doesn't occur, there may be other updates that effectively be required for future use by the provider. "We only support version 1.01 and above... we will not allow version 1.0 to connect to our network."

      They are walking a line that is DANGEROUSLY similar to that previously walked by Ma Bell before it was broken up. In their case, they were banning the use of non-Bell hardware on their phone lines.

    104. Re:Is that even legal? by HermMunster · · Score: 1

      The Library of Congress issued an exemption to the DMCA that permits consumers to unlock their cell phones. That trumps all. You are not in violation of any laws. If Apple attempts to brick the phones in retaliation or even offers software knowing that it will brick the phone, puts them in violation of the DMCA and our rights as consumers.

      --
      You can lead a man with reason but you can't make him think.
    105. Re:Is that even legal? by Goaway · · Score: 1

      a choice and an action is either moral or immoral at it's root. But a choice is not made and an action is not taken in a moral vaccuum. Why are you arbitarily considering some factors involved in making a choice, but disregarding others?

      I see justification and morality as separate issues. If justification is a separate issue from morality, what is actually left of morality?
    106. Re:Is that even legal? by ceoyoyo · · Score: 1

      Maybe Apple just doesn't want to test their update with several different hacks (some of which you have to pay for).

    107. Re:Is that even legal? by xENoLocO · · Score: 1

      I'm the last one to stick on the side of AT&T, or even apple... but you've got to understand it's their product. If they intend it to work one way, on a single network, then that's their choice... deal with it. They have a right to make money off of their product. You have a right to not buy that product if you dislike it. Your call.

      Businesses make partnerships for a few reasons. The first is, of course, to make money. The second is interoperability. If my product works great with your product and no one elses, why can't we reach an agreement? It's healthy for both businesses. It may not be the best for the consumer, but as long as the consumers put up with it... it will continue to happen.

      --
      "The need to build the internet comes from something inside us, something programmed... something we can't resist."
    108. Re:Is that even legal? by cyberworm · · Score: 1

      I guess it would be interesting to test this. At the moment with the firmware currently present on the phones they can be unlocked and aren't breaking the DMCA (at least as I understand what you've stated).

      Since updating the firmware is optional after purchase, does the DMCA apply here? If the phone comes "unlock-able" straight out of the box (currently) and the method of undoing the unlocking requires a conscious effort by the end user, it would/will be interesting to see how this plays out.

    109. Re:Is that even legal? by abaddononion · · Score: 4, Insightful

      If the warranty states that the manufacturer doesn't support unauthorized hacks and will void the warranty, then you do your mods at your own risk.

      Fair enough. However, the warranty does not state "the manufacturer doesn't support unauthorized hacks and will deliberately try to destroy your device if you use them". In fact, they're not even legally ALLOWED to pull that sort of thing. Once you buy an iPhone, it's yours, and Apple certainly doesnt have the right to come to your home and smash it with a sledgehammer if they dont like how you're using it. It seems that this is all that they're doing, merely in software form.

      The big question over whether this is right or wrong is really "Was it honestly an accident?" And... given Apple's previous stances and history with lock-in and proprietarianism (that's a hell of a made-up word), I dont think any of us are buying that this was just completely accidental. Especially with the convenient timing. Much more likely, this is just Apple's prompt response for trying to kill (legal!) modders off ASAP.

    110. Re:Is that even legal? by Anonymous Coward · · Score: 1, Informative

      How so? They bought the phones free and clear. They're under no contract to use their phones with AT&T.

      Also, under US law we're allowed to unlock our phones. So where's the not playing fair in that? I think Apple isn't playing fair. Sure go and ahead and lock them, that's one thing. But to go and brick people's phones because they didn't play by Apple's rules, how does that make Apple any better than Microsoft?

      They've also been trying to lock down the iPods too. Apple fanboys are going to have to wake up and smell the coffee! Apple isn't this nice and friendly giant, they're as underhanded as Microsoft. It's all about making them money, they don't care about their customers, especially if their customers aren't willing to play their game.

      You don't think Apple wouldn't have its own version of WGA if they sold MacOS for generic PCs? They would... They would be just as bad as Microsoft.

      The funny thing about Apple is, every time they screw their customers, you find them apologizing for Apple. LOL At least most Microsoft customers can't stand Microsoft. ;)

    111. Re:Is that even legal? by fishdan · · Score: 1

      ...how does it BENEFIT them to go after the phones and turn them into bricks?...they are going after these hacked iPhones as if they were a threat to the company and their profits...

      well, yes. That's exactly why they are doing it, and it benefits them enormously. Apple gets paid because you have to buy every little thing from Apple -- ring tones, software, etc. If people hack the device, they lose that money. I'm pretty sure they don't care which network you're on EXCEPT that if you get access to the OS you might start using apps that they intend to sell you later. 3rd party software for the other smart phones is a GIANT business -- That's the money that apple is looking for here. the $$$ of profit on each iphone is ok, but there's hardware involved, so profit margins get squeezed as time progresses (especialy with $200 price cuts). The ROI on software however is fantastic if you have a captive audience. Look at MSFT and Office. MSFT makes much more $$$ from Office (and other software) than they do from Windows. MSFT had a similar plan with the XBox. The Hardware was not where the money was -- the software was.

      Apple has the same vision for the IPhone. In a few more months, there will be phones that are just as sexy, and the hardware squeeze will be even tighter. Apple is DEPENDING on $$$ from sales of software, ringtones and other services.

      I have no problem admitting that Apple can be an assholish company -- in fact, I'm way ahead of you on this -- I'm like many people who love my mac, but hate Apple. Yet, I think Apple is getting the short end of the stick here because they told everyone that this was what they would do LONG before the Iphone was for sale. They said specifically, no 3rd party apps, no mods, no ringtones. People who hacked the devices knew this -- so I don't understand the bitching. Either restore your phone, and then apply the updates, or don't apply the updates. If you've made a firmware or hardware hack, how could you possibly expect future software updates to work? I'm no Apple fan at all, but this is EXACTLY what Defective By Design means, and Apple was very upfront about it.

      Hopefully consumers will be more resistant to buying devices like this in the future, but I do not blame Apple for shoveling out shit when so many are willing to feed.

      --
      Nothing great was ever achieved without enthusiasm
    112. Re:Is that even legal? by MachineShedFred · · Score: 1

      The firmware update comes through iTunes, and you press a button to actually load it on. There is no push directly to your device without you knowing about it.

      Therefore, this law would not apply, because you're the one updating your handset.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    113. Re:Is that even legal? by LWATCDR · · Score: 1

      A you have paid for the phone, you have paid the tax to get out of your AT&T contract, and the us government has clearly stated that it is totally legal to unlock your phone! I don't see any morality issue with this if Apple breaks the phone you have legally unlocked and own.
      I find the idea of "locked" phones to be questionable.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    114. Re:Is that even legal? by Vellmont · · Score: 1


      THEY KNOWINGLY took the risk of bricking their iPhones when they unlocked them.

      Since when is unlocking a phone taking a risk of bricking? I bought a Nokia on ebay that was unlocked. I'd be mighty pissed off if my provider decided to update my phone, or gave me an option to update my phone, and it wound up turning the phone into junk. People unlock phones all the time, and it's not really considered "risky behavior" once you get it unlocked.

      Apples excuse is presumably "we can't support 3rd party modifications, blah blah blah". That's just nonsense. If Apple didn't want to get into this situation they should have made unlocking the phone difficult, but foolproof. Obviously they have an "official" way of unlocking the phone.

      --
      AccountKiller
    115. Re:Is that even legal? by ceoyoyo · · Score: 1

      You're assuming Apple is planning to purposely brick unlocked iPhones.

      It's far more likely they just don't want to test their update with all the different hacks (why should they?) so they're issuing a warning that if your phone isn't in the state it should be, the update could do bad things.

      There's nothing wrong with that, it's the risk you take when you hack a device or a piece of software.

    116. Re:Is that even legal? by TooMuchToDo · · Score: 1

      Your analogy doesn't hold any water. The iPhone is a GSM phone. It follows GSM standards. To say I can only use it with ATT is like saying you don't warranty the car unless I only by gas from Shell.

    117. Re:Is that even legal? by HermMunster · · Score: 5, Insightful

      Guys, there is no two year agreement! It is an agreement for life. You own that phone and intend to use it you are stuck with AT&T, period. You think that in two years the phone will unlock itself? NO. So just how are you supposed to use other carriers when the two years are up?

      I think you get the point. If you signed up with AT&T and you took the two year contract then you are obligated to that unless you find a way around it such as paying penalties. If you don't get out from under it you are still paying AT&T for those two years. You just aren't using the minutes, so that's free money to AT&T.

      The point is that you are committed to AT&T for the effective life of the phone, not just two years. That's one of the reasons why there's an exemption to the DMCA. Most of you must realize the iphone will be in use much longer that 2 years.

      What some of you may not understand about the iphone is that you can't use the it even as an ipod until you unlock it and you can only unlock it through AT&T (or some hack). So that means you loose full use of the device, not just the phone capabilities.

      Apple did everything to screw the consumer on this one knowing the DMCA was covering our asses. They looked very seriously at this at judged how they would handle those attempting to protect their rights with the DMCA. It is obviously carefully calculated, since any company worth anything knows that the consumer has the right to unlock their cell phone.

      You have the legal right to issue DMCA cease and decist letters and a legal right to sue, even in a class action, against Apple if they attempt to brick the phone or they don't carefully protect your rights as a consumer by not negligently creating software that they know could potentially brick the phone.

      The way it is set up,that is an AT&T for life phone, not a AT&T for 2 years phone.

      --
      You can lead a man with reason but you can't make him think.
    118. Re:Is that even legal? by l0cust · · Score: 2, Funny

      Oh come on. Morality always depends upon the players involved in any particular situation.

      Shooting at another person [Bad]
      Shooting at a terrorist [Not Bad]
      Lusting after underage girls [Bad]
      They are Olsen Twins [...]
      Shooting at a fluffy bunny [Bad]
      Shooting at the fluffy bunny from 'The Holy Grail' [Awesome]

      --
      Politicians and Pedophiles: Two groups of exploitive bastards who are most dangerous when they're thinking of children.
    119. Re:Is that even legal? by ratbag · · Score: 1

      Since I'm in a stroppy mood today I'll nit-pick the it's making the same old "lock everything down" mistakes that led to it being destroyed by the PC comment. Which bit of Apple has been destroyed by the PC? The bit that built my MacBook Pro, maybe? A locked-down piece of hardware that works pretty well, at least in part because it is locked down.

    120. Re:Is that even legal? by TheScottishGuy · · Score: 1

      the distinction comes in the fact that this is a voluntary firmware update. I'm no fan of the firmware bricking the phone, but the fact remains that if you're going to hack around with your phone (and i have with mine) then you hav eto decide to either not upgrade it, OR upgrade it and risk brickage.

    121. Re:Is that even legal? by sacrilicious · · Score: 4, Insightful
      In other words, swim at your own risk, but don't bitch to us if you get eaten by an alligator; you were told to stay out of the water.

      Right, and the fact that they put the alligators in the water to intentionally eat swimmers doesn't take away their moral high ground one bit.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    122. Re:Is that even legal? by dave420 · · Score: 2, Funny

      That's fair enough, but when it breaks, asking Apple to fix it for free is the unfair bit. If I decide to use a Dell PowerEdge server as a grated cheese dispenser, should Dell give me a new one when the new Mozarella-E bus I installed starts to smell delicious?

    123. Re:Is that even legal? by cyberworm · · Score: 1

      Well, if you don't have one and don't plan on ever getting one, why do you care?

      Sure I have what the corporations want. Money. Disposable income like lots of others. That's why they are in business. They want to take my money. In return they give me something I want. If I don't want it I don't give them my money. Yes, I have an iPhone. I think it's a pretty sweet piece of hardware. Steve Jobs didn't send goons to my house and make me buy it. Nor did he make me buy my MBP or the powerbook before it. Practical first hand experience and my own choice are the reasons I went with Macs.

      Why do you hate successful companies so much?

      At the very least you have two options when it comes to dealing with corporations. Buy their stuff or don't buy it. You imply that America is run by big evil corporations, yet, you forget where they get their money from and in turn who holds the real power.

      But hey, at least you're not a follower and have a totally unique view about corporations, and are just subversive and cool enough to spell America with a K instead of a C.

    124. Re:Is that even legal? by Kymri · · Score: 1

      Not everyone sees things the same way (I did not that in my original comment). For *me* specifically, there's a difference between a justified choice and a moral choice. Immoral actions may be justified. There may be no justification for making the moral choice or taking the moral action.

      Justification is included in morality for some people, but I try not to think that way, as (in my mind) it blurs the edges in places it shouldn't necessarily blur them.

      Many people (particularly here on /.) wouldn't think that installing windows on a box without paying for it is immoral. (Well, okay, they'd think the installing it part was potentially immoral but not the not paying for it part.) If you stop thinking of that as immoral (and if it is or not is a whole different debate, once more I'm just using a convenient example), it becomes easy to decide to install a copy of Bioshock without buying it (copy protection aside), or TurboTax, or Excel or PhotoShop or maybe CAD software and so on down the line.

      I try to think of an action as "justified" rather than "moral because it is justified" to avoid such mental blurring (which doesn't, of course, always work) on my own part.

      --
      Evolution ceases when stupidity can no longer be fatal.
    125. Re:Is that even legal? by TooMuchToDo · · Score: 1

      I forgot to include this in my previous reply to you. In the event you perform the procedure you mentioned ("cpu upgrade"), it's easily reversible in almost all cars. It's actually referred to as changing the ECU configuration via an ECU programmer (which connects to the OBD-II port on any car made after 1996). The ECU programmer for my old Viper let me rewrite the fuel mappings, as well as hundreds of other settings in under a minute. Others I chatted with who did the same thing would change the setting for performance, and then change it back before taking it in for emissions or the shop for service. Not something I condone (changing the ECU settings back before warranty work that could've been caused by the settings), but people do it without a problem.

    126. Re:Is that even legal? by HermMunster · · Score: 2, Interesting

      DMCA says you can unlock a cell phone

      Cell phone manufacturers know about the DMCA exemption.

      Apple is a cell phone manufacturer.

      Apple knows about the exemption.

      Apple is locked into legally obliging what the DMCA exemption allows.

      Apple finds other ways to by pass the exemption.

      Is this legal?

      Apple's attempts must be such that they don't violate our right to unlock the cell phone.

      If they do they will be sued and they'll receive the requisite DMCA cease and decist letters.

      --
      You can lead a man with reason but you can't make him think.
    127. Re:Is that even legal? by Richy_T · · Score: 2, Funny

      Your car analogy is faulty. I hope it came with a warranty.

      Rich

    128. Re:Is that even legal? by realthing02 · · Score: 0, Troll

      By your logic, they shouldn't test things like Adobe when they release an operating system then? Because, you know, all the Macs are the same.

      yet they spend a lot of money on that sort of triage in order to make the user experience "seamless" between versions. I feel as if your argument holds no water.

    129. Re:Is that even legal? by HermMunster · · Score: 1

      This is not true. They are selling a device which is a known product line. The product line, as sold by this manufacturer and other manufacturers, was granted an exemption by the Library of Congress. That means that the phone can be opened up and is no longer sealed. So it is not a closed sealed device as far as the law is concerned.

      --
      You can lead a man with reason but you can't make him think.
    130. Re:Is that even legal? by CiQuat · · Score: 1

      I don't see how that affects my argument. If you can unlock and modify your phone, why could you not modify it to block the update?

      Again, it all comes down to consequences of decisions. It is possible AT&T will say, "No non-updated iPhones allowed," but that is a risk you took voluntarily when you unlocked it. You are exercising your rights as a consumer by using your device as you wish, but that doesn't mean you always get what you want when it comes to service providers. They have every right to deny access to an unsupported device (as far as the laws state right now).

    131. Re:Is that even legal? by joeytmann · · Score: 1

      Nor does yours....if a car company cleary states that you are to only use gas from shell(for whatever reason) and if you buy are car from them you are obligated to use shell gas. You can use any gas you want, but if something were to happen down the line....its not our problem.

      --
      Insert funny smart-ass comment here.
    132. Re:Is that even legal? by cyberworm · · Score: 1

      Well yeah, apple shouldn't support third party mods. I do agree that once you are out of your contract with att the phone is yours to do with as you please. Especially once your contract is up. Considering someone had mentioned the DMCA allows for unlocking of phones and that the phone as it comes now out of the box is still unlockable, the only thing you can't do with an unlocked iphone is update to the latest firmware, and even now all of the posts here about this are conjecture. There's no promise this next round is going to fudge anything up.

    133. Re:Is that even legal? by Richard_at_work · · Score: 1

      My argument holds no water? You simply ignored half my comment in order to attempt to counter it.

      Neither OSX nor Macs are sold as sealed units, both allow and in fact intend end user modification through additional applications (Adobe in your example) or hardware (RAM, printers, scanners et al).

      This is not true for the iPhone as they are sold as a sealed unit not intended to be modified by the end user, so your comment adds nothing to this discussion.

    134. Re:Is that even legal? by realthing02 · · Score: 2, Interesting

      This is completely true. I don't think we can prove that apple is 'knowingly' doing this. But I'm sure an office memo or something, if it does exist, would be leaked seeing as how there was quite a bit of turmoil inside over the iphone to begin with.

      Maybe the patch is just too difficult to make to circumvent the patch. I Doubt it, but i don't really know either.

    135. Re:Is that even legal? by joeytmann · · Score: 1

      sorry that my overly simplfied analogy has holes in it...sheesh!

      --
      Insert funny smart-ass comment here.
    136. Re:Is that even legal? by MobyDisk · · Score: 2, Informative

      In the US, it is illegal to put arbitrary terms in a warranty. The manufacturer must prove that using the iPhone with another carrier damages the device. This same point came-up in a discussion about HP refusing to repair a broken keyboard because Linux was installed.

    137. Re:Is that even legal? by FlyingCheese · · Score: 1

      But it wasn't working 100%. It was connecting to the wrong network. Something must have been wrong!

    138. Re:Is that even legal? by mpe · · Score: 1

      I am sure the fine-print means you would forfeit your right to warranty and fitness for purpose if you go modifying your phone at such a basic level, so no, I am doubtful you could argue this is illegal.

      Removal of a SIM lock is not a "basic modification". It is turning off an optional feature. It also should only require modification of data, otherwise Apple needs to maintain different code for every provider they wish to be able to lock their phone to.

    139. Re:Is that even legal? by Ginger+Unicorn · · Score: 4, Insightful
      well you dont "end up" with a broken phone, Apple deliberately vandalises it, therefore it is not immoral to get your money back off them.

      If you bought a car off of ford and they said "if you use it for racing you might break it" then you say whatever and buy it and race it anyway and it's fine, then ford sends out a "representative" to put sand in your gearbox and smash your windscreen, who then turns round and says "well i told you it might break if you raced it", would it be immoral to get your money back from ford?

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    140. Re:Is that even legal? by nuzak · · Score: 3, Insightful

      Why is it that when a company like Microsoft or Oracle does some sort of lock-in or stunt like this, they're "so evil" and it's just such a demonstration of how evil they are, but when Apple does it they're just "doing what a business has to do"?

      It's called "special pleading", and it's been the standard defense of Apple from day 1. Apple is the company that invented the Look and Feel lawsuit. This is the company that sued Microsoft over MS Media player changing file associations ... back to what they were before QuickTime changed them without asking. It just goes on and on, but just like the leather scene here on Folsom st, there's plenty of people willing to be whipped as long as it's done with style.

      --
      Done with slashdot, done with nerds, getting a life.
    141. Re:Is that even legal? by HermMunster · · Score: 1

      Modifying the car in your example is different than unlocking the phone. In your case you are modifying the car and then breaking it on your own. In the case of the iphone you are modifying the iphone and apple is breaking it in order to bypass the legal rights granted by the DMCA. They knew before the phone was created and sold that the DMCA allowed consumers to unlock their phones. They had, and have, a legal obligation not to make changes that purposefully deny the consumer the protection of the law granted by the DMCA exemption.

      The real example would be: you buy the car from this company and the company knows you have the right to modify it. You then modify it. But they make it a requirement that you must go to their mechanic to start it and drive it. Their mechanic notices you have modified it so they devise a way to make it so the car will never work or not perform, even tho they knew you had the right to modify it.

      That's really what we are talking about here. Apple knows now, in advance, what coding will brick/break/not work with the iphone and to put it in place is the same as the car mechanic intentionally disabling your car because he sees you modified it.

      --
      You can lead a man with reason but you can't make him think.
    142. Re:Is that even legal? by nuzak · · Score: 2, Insightful

      > You seriously consider unlocking/hacking an iPhone, which you legally bought and own,

      You seriously think you actually own anything anymore, in this society, in this century? Perhaps you own the lump of plastic and silicon. Certainly not its actual ability to function though. Welcome to the modern world.

      --
      Done with slashdot, done with nerds, getting a life.
    143. Re:Is that even legal? by nuzak · · Score: 1

      > Well, if you don't have one and don't plan on ever getting one, why do you care?

      Because he has to participate in the same market driven by people who reward the abusive behaviors of suppliers, thus creating an incentive for other suppliers to behave the same way, and lowering the supply for his demand. Simple economics.

      --
      Done with slashdot, done with nerds, getting a life.
    144. Re:Is that even legal? by eebra82 · · Score: 2, Funny

      In other words, swim at your own risk, but don't bitch to us if you get eaten by an alligator; you were told to stay out of the water. I hereby promise that once the alligator has eaten me, I will no longer bitch to you.
    145. Re:Is that even legal? by mpe · · Score: 1

      IANAL but in the UK this would almost certainly breach the Computer Misuse Act. Section 3 says that "A person is guilty of an offence if (a) he does any act which causes the unauthorized modification of the contents of any computer". All that's needed is a simple letter to Apple and O2 telling them that you withdraw any previously granted permission for them to modify your firmware in any way. In so doing, you might put yourself in breach of your contract with O2 but I doubt if the right to push sofware onto your handset would be regarded as a fundamental contract term.

      Note that Apple cannot sell their phone only in the UK in the first place. Whilst they might be ok with different ITunes sites in different EU Countries, this just isn't allowed when it comes to selling hardware.

    146. Re:Is that even legal? by 2short · · Score: 1

      "why should they check to see if their universal update to the iPhone would cause your individual unit harm?"

      They shouldn't have to check it does to an unlocked iPhone, but do you really think they didn't? Mind you, we (I at least) don't actually know if it causes any harm. But what do you think the chances are that Steve Jobs doesn't know?

      Maybe they know it doesn't really cause any harm, and they're just spreading FUD. That would be kinda lame.
      Maybe they know it causes a problem because they intentionally designed it that way. That would be extremely lame, and questionably legal.
      Maybe they know it just happens to cause a problem that bricks unlocked phones, and are trying to alert consumers. I don't really buy that, but I understand how an Apple fan might say it with a straight face.
      But they just don't know? Please.

    147. Re:Is that even legal? by afabbro · · Score: 1
      Without the requirements of the Sarbanes-Oxley, they only have to have a CONSISTENT policy of data storage...

      The requirements...as interpreted by your auditors. SOX 404 is a single paragraph. Repeat: a single, vaguely worded paragraph. The massive requirements, documentation, and directives are all auditors' speculations about what might be needed to satisfy it.

      --
      Advice: on VPS providers
    148. Re:Is that even legal? by TigerPlish · · Score: 1

      At the very least you have two options when it comes to dealing with corporations. Buy their stuff or don't buy it. You imply that America is run by big evil corporations, yet, you forget where they get their money from and in turn who holds the real power.

      But hey, at least you're not a follower and have a totally unique view about corporations, and are just subversive and cool enough to spell America with a K instead of a C.


      The People *would* hold power, if they realized they're being fleeced by their leaders, their preachers, and their companies. But instead, they just blindly Consume, Consume, Consume. S'allright, someone's gotta make it, and someone's gotta spend it.

      But don't kid yourself that The People can control the course of this country. They do what they're told, generally speaking (and yeah, I know about generalizations.) And the one doing the telling is TV and the Pulpit.

      Anyway.. what is it with you and this little pro-Apple crusade you're on? Are you an Apple shareholder? Do you have some vested interest in the iPhone?

      As for spelling Amerika with a K, it seems to irritate you, so I'll do it s'more. C'mon, sing with me!

      Oh beautiful, for Business Case,
      and sheep being shorn!
       
      Of Piles of Cash, made suspiciously,
      From lies and lies and guile!
       
      Ameeeeerika, Ameeeerika, our checkbooks bleed for thee!
      And when we're done, we'll all go home
      And watch NASCAR on tee-vee!
      Yah, I'll keep my dayjob, a songwriter I'm not.
      --
      The "Civilized World" jumped the shark ca. 1973.
    149. Re:Is that even legal? by Goaway · · Score: 1

      Justification is included in morality for some people, but I try not to think that way, as (in my mind) it blurs the edges in places it shouldn't necessarily blur them. Blurs the edges between what, though? Don't answer "justification and morality" - what I am wondering is, what does "morality" means to you?
    150. Re:Is that even legal? by webdog314 · · Score: 1

      Um... When you buy an iPhone, you buy a set of firmware for that phone. If you turn your iPhone into an iBananna, it hardly seems intelligent to bitch about how a new firmware set for the iPhone no longer works with your iBananna. People in the Mac community are so used to Apple products "just working" that they have an entitlement complex. "It's from Apple, so 'their' updates should always work with 'their' products... never mind that I changed the firmware, overclocked the cpu, swapped video card, and painted pink flowers all over the case."

    151. Re:Is that even legal? by drew · · Score: 1

      How is Java a _must_ for any mobile device?

      I'll grant that I'm pretty sure there is a Java Runtime on my current cell phone (I vaguely remember seeing that irritating logo on the box when I bought it) but I'd be quite surprised if I've ever used it. And I'm still trying to figure out what the part about banks writing a password generator has to do with anything at all.

      --
      If I don't put anything here, will anyone recognize me anymore?
    152. Re:Is that even legal? by jack_csk · · Score: 1

      Right. Suppose I buy a hammer from Home Depot, and hit a nail purchased from Menards, I would expect the hammer to break because it's Home Depot's product (and it's their choice).

    153. Re:Is that even legal? by Gr8Apes · · Score: 1

      ... god forbid that someone would buy something and then not expect the vendor to have complete and utter control over it! What is this world coming to?!?! Well, if you're going to not play the game, really don't play the game and don't give them access to it. That means: don't upgrade the firmware.
      --
      The cesspool just got a check and balance.
    154. Re:Is that even legal? by cyberworm · · Score: 2, Insightful

      I see your point and would agree with you if that were an accurate analogy. The thing is, this is less like someone from ford coming out and sabotaging you for racing against their advisement. It's more like them telling you that you shouldn't race the car, you race it anyways, then call them up, tell them you were racing, then take it in voluntarily to have them pull the spark plugs.

      Regardless I still stand by the fact that Apple only promised this phone would work with ATT. At this point though, if you have an iphone and use it with another carrier, you're stuck with the firmware version you've got now (assuming this next patch is verified to actually break unlocked phones).

      So I guess the answer is yes. It would be wrong to take back a product you intentionally voided the warranty on, then bricked your phone during a voluntary update. Especially since the news is out that the next update could potentially break your new phone. I would hope that anyone smart enough to know about phone unlocking and has actually unlocked their phone, would keep up with things enough to see this warning from apple about the potential to brick the phone, and take the appropriate steps to protect their device.

      I guess in my mind the four things that are overlooked in all of this mess, are that 1, nobody forced you to buy an iPhone 2, you were only promised it would work with att 3, you don't have to apply the firmware updates from apple 4, bricking the iphone with this next upgrade is still only speculation.

      I hope that Apple is just taking the middle of the road stance "we don't promise anything in regards to unlocked phones" as a way to cover their asses in regards to their deal with ATT, and isn't actively shutting down unlocking paths as I'd like to unlock my phone when my contract is up.

      Cheers.

    155. Re:Is that even legal? by illumin8 · · Score: 1

      A person is guilty of an offence if (a) he does any act which causes the unauthorized modification of the contents of any computer.
      That doesn't apply here because you have to voluntarily choose to install the iPhone firmware update. Its not like AT&T just streams it to you wirelessly and installs it without asking you first.
      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
    156. Re:Is that even legal? by Ajehals · · Score: 1

      I almost agree,

      I don't think apple should have to take any special precautions to prevent their updates doing damage to a phone that has been modified in this manner, it is up to the owner of the device what they want to do with it and clearly once you make significant changes to the phone you cannot expect it to work in the same way as if you hadn't. What would be unreasonable and malicious would be for apple to intentionally include an update or element of an update that is there purely to brick the phone, that would be malicious.

      iPhone owners should be entitled to do whatever they want to their device but they cannot expect Apple to support those changes, or even take them into account in their future operations. As for the whole "They clearly state that the iphone will only work on their network." I am still unconvinced that this was the right way to go (but then I don't run a multi-billion dollar company.

    157. Re:Is that even legal? by Richard_at_work · · Score: 2, Insightful

      Whether its a sealed unit according to the law is meaningless in this discussion, Apple is selling it as a sealed unit and therefor will apply updates assuming its a sealed unit - its not up to them to determine if their update will break your nonstandard item.

      I go back to my original post and repeat what I said there: Don't apply updates if you are at all concerned.

    158. Re:Is that even legal? by Panaflex · · Score: 1

      Well, if Apple had a standard way to unlock the phone á la codes and such then this wouldn't have been a problem. They over-engineered the SIM lock software mechanism - knowing that people have the ability and right to unlock their phone.

      This is a standard issue in the phone world - and I find it hard to understand why EVERY other phone on the market can be unlocked without bricking the phone.

      I always unlock my phones, or buy unlocked ones - I want to have the ability to walk away from a carrier if they do't treat me right and keep my very expensive equipment.

      No, this is a threat along the lines of "This is a very nice store you've got Mr. Donatello - it would be a shame to see it burned down, eh?"

      --
      I said no... but I missed and it came out yes.
    159. Re:Is that even legal? by Ilgaz · · Score: 1

      How is Java a _must_ for any mobile device?

      I'll grant that I'm pretty sure there is a Java Runtime on my current cell phone (I vaguely remember seeing that irritating logo on the box when I bought it) but I'd be quite surprised if I've ever used it. And I'm still trying to figure out what the part about banks writing a password generator has to do with anything at all. My bank offers their millions of customers a small J2ME secure program to generate pseudo-random passwords written in Java.

      So, lets say I will throw away my J2ME phone and buy an iPhone and tell them to code a "Web 2.0" "Safari style" password generator?

      Opera Mini is Java too and you wouldn't know when you will need a small 90 kb program to access a webpage properly formatted to fit screen.

      Lets not forget (!) a billion dollar small screen gaming industry relies on Java too.

      I don't know what kind of Stone age devices/standards World's largest economy relies on but in Europe or Asia, you are really eccentric if your mobile device doesn't include java support.

      I don't know anything except those $30 (or free with preloaded card) phones which doesn't support Java. As far as I understand you "hate" Java, could you give an alternative instead of Java to run small programs on mission critical devices such as cell phones?

    160. Re:Is that even legal? by cyberworm · · Score: 1

      Nobody has to participate in the tech market or any market for that matter. His point if I"m not mistaken, is that evil corporations control the masses and are syphoning cash out of consumers' wallets without any return. That is simply not true. If you don't like the actions of a company, then you don't buy their product or anyone that uses their product to build theirs. I don't have any personal sanctions against any companies per se, but I don't go out and buy products I don't like, nor is any corporation actively sucking cash out of my pocket without me knowingly and voluntarily giving it to them in exchange for something I want. If I don't like the way they are selling it, I won't buy it.

      I wanted an iPhone. I bought one and reupped my service with Cingular/Att. I did it knowing full well that in order to use the iPhone I'd be stuck with ATT. Don't like it? Don't get an iPhone. It really is that simple. Mobile internet/email/phone calling/messaging is not exclusive to ATT nor are the functions provided by the iphone exclusive to apple.

    161. Re:Is that even legal? by Kymri · · Score: 1

      I see morality as a series of absolutes. (Quite probably a flaw by the thinking of many or most.)

      Shooting someone (going back a few replies elsewhere) is immoral (rather than 'bad') because you're inflicting harm on another (and in certain contexts (possibly terrorists), some people need harm inflicted upon them - which can make a particular instance justified but no more moral).

      I suppose what it boils down to is that moral actions and 'correct' actions are separate in my mind. Maybe I'm just wrong in the way I perceive things. To go back to the initial point, I don't think that you can decide stealing is not immoral when you steal from wealthy_target while it is immoral when you are stealing from not_wealthy_target. Stealing from the former may seem or even be justified, but it is still (to my mind) immoral.

      Perhaps I'm just wrong and justified action *is* moral.

      --
      Evolution ceases when stupidity can no longer be fatal.
    162. Re:Is that even legal? by arkanes · · Score: 1
      The last 3 of your examples should have no effect whatsoever on software and someone would rightfully be bitchy if their machine got bricked because of it.

      Even if they modify the firmware, the worst that should happen is that update shouldn't apply - there's no reason it should brick the device. Alternately, the update would simply replace the old firmware wholesale (resulting in a locked phone again), but without damage - this is how iPod firmware updates work. There is a vast difference between "you won't get updates" and "your phone will be ruined".

      Lastly, the iPhone unlock doesn't alter or replace the firmware.

    163. Re:Is that even legal? by Rew190 · · Score: 1

      Your post, and many others in this thread, run under the assumption that Apple explicitly designed this update to brick hacked phones.

      Why is it apparently out of the realm of possiblity to believe that their update will adversely affect hacked phones despite the fact that they didn't go out of their way to do so, and it's just that simple? Lots of us are software developers that should know how easy it is to break a system with an update without good regression testing. I don't blame Apple a bit for not wanting to devote resources to doing that for a hack.

      Besides, as you already stated, they've GOT their money. In fact, unlocking the phones probably only means that they will get ADDITIONAL income from those that want to run on other networks. I don't see why they'd go that far out of their way to lock you out (besides pressure from Sprint), nevermind the fact that it would be both illegal and obnoxiously stupid to do for such a high-profile company that's already under other investigation.

      Come on, let's at least give them the benefit of a doubt.

    164. Re:Is that even legal? by Anonymous Coward · · Score: 0

      The iPhone is a GSM phone, and it's standard for GSM phones to work with any carrier. It's also standard for U.S. carriers to lock the phone, but unlocking is also standard. There's no "promise" that it only works with AT&T.

    165. Re:Is that even legal? by erroneus · · Score: 1

      Read on to the next iPhone article. It discusses areas of the law SPECIFIC to warranty and service options offered and denied to people depending upon whether or not their phones were unlocked. It's quite possible that they are running afowl of law written specifically to address the matter of unlocking phones without the threat of being cut off from service.

    166. Re:Is that even legal? by Anonymous Coward · · Score: 0

      (I think that was obvious)

    167. Re:Is that even legal? by Solandri · · Score: 2, Insightful

      Sarcasm aside, that is exactly the same reason why unlockers shouldn't bitch if their iPhones become iBricks. They are using them in a way the manufacturer hadn't intended them to be used.
      That reasoning would render inert almost every product liability lawsuit in history, wouldn't it? The only ones I can think of which would survive your standard would be ones where manufacturers continued peddling their products even though they knew normal use would cause problems (e.g. cigarettes).

      Liability has to extend past the manufacturer's intent, to cover what a purchaser might reasonably be considered to do with a product. Q-tips emblazons on every package that they're not supposed to be put into your ear. But everyone knows that you use them to clean out your ear canal. There's no way their disclaimer would hold up in court. Likewise for the iPhone, if the only reason it doesn't work on other networks is an artificial software lock, then I think it's very reasonable to expect people to try to unlock the phone.

    168. Re:Is that even legal? by Pvt_Ryan · · Score: 1

      not really, accidents happen..
      Can you prove that my phone wasn't dropped behind the car by accident? or that it didnt fall out the window while i was showing a picture to a friend?

      And if for e.g. I was to do such a thing there is no reason that it should be assumed you too are lying due to the coincidence that both accidents happned in similar ways.

      If you can PROVE that I am lying fine, but since insurance fraud is a criminal offence you need to prove that beyond a resonable doubt and as its 1 persons word against theirs as long as I dont boast "oh oh I did such and such", I think it'll be hard to prove.

      I would also point out that I am not telling anyone to do anything, each of us here are more than capable of thinking independently, you wouldn't stick your head in the fire if i told you to. I was mearly pointing out that accidents do happen, thats why we insure expensive items.

    169. Re:Is that even legal? by vonhammer · · Score: 1

      Considering the fact that Apple made a significant marketing deal with Cingular and that the mods undermine this deal, I would be working to protect that agreement too. People purchasing the iPhone new the deal; new what they were getting into and the risks they were taking in unlocking the iPhone. If they end up with bricks, cry me a river. You can't whine about Apple in this situation.

    170. Re:Is that even legal? by Pvt_Ryan · · Score: 1

      Sorry for multi-post,

      But I meant to add bricking you iphone would be an accident would it not? I mean you wouldn't intentionally brick an expensive piece of hardware would you?

      So in this instance claiming for it would be perfectly legal as you (or should I say Apple) accidently bricked the phone with a firmware update.

      just my 2 pence.

    171. Re:Is that even legal? by nuzak · · Score: 1

      > Nobody has to participate in the tech market or any market for that matter.

      Short of being Amish, we all buy things from the outside. Heck, even they do. Some of us simply wish to strongly state a preference for the state of markets we choose to participate in. And given the vocal expression of SOME people in the market, not naming any names here, with respect to their product preferences, I think it's perfectly fair for them to get a little of it back.

      I don't have an iPhone, don't want one, and don't want my carrier getting any ideas from Apple.

      --
      Done with slashdot, done with nerds, getting a life.
    172. Re:Is that even legal? by funkyloki · · Score: 1

      Just to clarify one thing, until you actually sign up for ATT service, you are not in a contract. And since you paid full price for the device, you own it. You should be legally allowed to do anything you want to it. Above someone made a reference to modding an XBox. Yes, if you do that you void your warranty. And the same goes for the warranty on the iPhone. But Apple takes it one step further by disseminating software that actually will break the device. The consumer doesn't do that themselves; the vendor does. That's just rude! Microsoft never released (AFAIK) an update that would brick a modded XBox console.

      --
      Scientists now say the future will be far more futuristic than originally believed
    173. Re:Is that even legal? by jsebrech · · Score: 1

      The way it is set up,that is an AT&T for life phone, not a AT&T for 2 years phone.

      It's the deliberateness that's striking. The european situation is most enlightening. Apple is going to launch only in those countries that allow bundling the subscription with the phone. In my country, belgium, they're not legally allowed to bundle with the cell service, so they're simply not launching at all.

      Conclusion: apple is deliberately handicapping a product in ways that makes it very user-unfriendly in order to make higher short-term profits (revenue-sharing deal). The early 90's apple has returned, and if history repeats itself (they way it's going, it will), this will lead to apple falling of its pedestal (again) as the it industry's sun child.

      Luckily their desktops are still (mostly) unaffected, but if they start doing this B.S. there too, I'm switching back to windows.

    174. Re:Is that even legal? by funkyloki · · Score: 1
      But does that justify them bricking the phone? Noone is asking Apple to support a phone that has been unlocked, but one would expect a reasonable company to not break the phone just because you used it beyond it's "advertised functionality". It's one thing when the consumer breaks a device when modifying it beyond its intended use, it's another thing entirely when the manufacturer intentionally breaks a device that was modified but functioning perfectly, especially if the consumer with the modified device has not asked Apple for ANYTHING regarding use of the warranty.

      One more point. I don't believe it was a promise that the phone would only work on ATT. Just about every GSM phone sold in the US is usually locked for one specific provider, but the ability to unlock the phone simply is builtin. When you sign a contract with a provider, and they give you a discount on the equipment, they are subsidizing the cost of the phone with the contract. According to the provider, you technically do not own the equipment until the contract is completed. However, consumers paid full retail price for the iPhone. So legally speaking, they own the phone, and until they sign up with AT&T, they are not in a contract. Stands to reason they should be able to do whatever they want with the device.

      --
      Scientists now say the future will be far more futuristic than originally believed
    175. Re:Is that even legal? by cyberworm · · Score: 1

      Fleeced or not, they all have a choice. I don't have to have a cell phone. I don't have to give my money to a church. I don't have to buy whatever they are selling.

      No, I don't have any kind of vested interest in Apple or the iPhone. I am not a pro-apple crusader, or at least I'm not attempting to be one. I'm more of an anti-moron crusader. (not a slam against you) The idea that all of these people bought a phone to use on a different network after being consistently told it would only work with ATT, then crying foul when this policy is enforced through a voluntary update.

      Someone had brought up the DMCA in another post here, and mentioned the idea of restricting firmware upgrades from bricking unlocked phones at the possible expense of future improvements and additional features. As someone who as paid for an iphone and uses it on ATT's network, I'd be punished by that because of what others have done. Though, like bricking the iphone with this next update, that too is speculation.

      I don't disagree with unlocking phones and I've unlocked a few phones as well. I don't like that we would pay full price for a device and then be locked in. I do understand however that when I buy a product and use it in a method that is counter to the operating manual, I am not going to cry foul when something I've been warned not to do suddenly causes me a problem.

      If anything the fact that the iPhone was cracked as quickly as it was is a subtle pointing of the finger by apple at who the real culprit and reason for locking is: ATT.

      As far as spelling america with a K, you can do that all day long. I just don't think it really lends any credibility to your cause or to rational reasoned discourse in general.

      Cheers.

    176. Re:Is that even legal? by saltydogdesign · · Score: 1

      Microsoft was allegedly illegally leveraging a monopoly. If Apple had a monopoly on the cellphone market and still insisted on this lock-in, you'd have a point.

      --
      // This is not a sig.
    177. Re:Is that even legal? by Anonymous Coward · · Score: 0

      It may be flawed logic, but no update should 'patch' firmware before checksumming the flash. There is essentially no other way they could 'accidentally' brick the phone. I highly doubt they are ignorant enough to do something like this, as it will certainly create blowback that will damage their image as 'consumer friendly.' Hell, it already has. The responsible and 'right' thing to do is to refuse to update phones with modified baseband firmware, especially given the apparently legal nature of unlocking a phone in the states. Apple claiming modded iPhones are just 'collateral damage' is about as cogent as Microsoft claiming IE couldn't be removed from Windows.

    178. Re:Is that even legal? by Anonymous Coward · · Score: 0

      You have no rights anymore. Didn't you notice?

    179. Re:Is that even legal? by Anonymous Coward · · Score: 0

      And because Apple knew full well that people would want to hack the iPhone, and they should have tried to make the system safely hackable, even if they didn't want any users doing it. And because Bank of America knew full well that people would want to break into their bank vaults, they should have tried to make the banks safely robbable, even if they didn't want any thieves doing it.

      Apple's almost certainly adding code to the iPhone firmware that looks for things that shouldn't be there, and disabling the OS if they are found. They have every right to do so, and I'm happy for every hacker that can't get their phone replaced or refunded.

      On the other hand, I'm almost certain that some people will get their phones brick unintentionally, as this sort of thing seems to happen whenever a company uses firmware upgrades to police user modification of devices. Those people I'm a little sad for.
    180. Re:Is that even legal? by Anonymous Coward · · Score: 0

      I find it hard to understand why EVERY other phone on the market can be unlocked without bricking the phone. First of all, not every telephone on the market can be unlocked - many dozen models have no known unlocking vector. It takes about 60 minutes of experience within the phone hacking community to discover this fact. Many have turned to hard hacks to overcome software locks.

      Secondly, hackers can and do "brick" their phones all the time - "unofficial firmware" is a rare, but certainly not unseen, within mobile phone service centers. (By far, most phones at the service centers have experienced physical/water damage)

      Thirdly, locks are pointless if they are easily circumvented by anyone with a web browser. Right or wrong, locks are usually in place due to contractual agreements. All major US mobile service providers exclusively sell mobile phones "locked" to their network.

      Finally, most mobiles are simple and don't go through any significant software updates over their service time. And so therefore, it is simply less likely that a traditional mobile will fail over time due to a software update.

      I hope that helps you with your understanding of the situation.
    181. Re:Is that even legal? by Anonymous Coward · · Score: 0

      My God! You mean version 1.0 isn't perfect!!! You mean it doesn't include everything!!!!!

      AHHHH, stop the pain!!!! I need Java to live!!!!!

    182. Re:Is that even legal? by jridley · · Score: 1

      The update APPLIED TO A NONSTANDARD DEVICE bricks the device.
      It's not the manufacturer's fault if, for instance, you apply the wrong firmware to your mainboard and brick it.
      The update is designed to work on an iPhone as shipped. You modify it, and it's no longer as-shipped, and the update may (or may not) cause trouble.

      I honestly don't think Apple is TRYING to brick the phones. I'm no Apple fan, but I know updates are enough of a PITA anyway; I wouldn't expect them to go out and buy an unlocked iPhone to test the update against.

      I believe that they are legitimately just warning users of the possibility; they don't KNOW it will cause trouble, but they can't guarantee it won't.

      I think it's actually laudable that they gave a warning. They didn't have to.

      If you have an unlocked iPhone, then IMHO you don't have an iPhone anymore, you have something you made yourself by using an iPhone as one of the components.

    183. Re:Is that even legal? by laederkeps · · Score: 1

      Didn't a good portion of the Xbox 360's brick themselves?

      And it's not like Microsoft has "disabled" things for legitimate customers and claimed they were thieves and pirates before... right?
      Genuine Advantage, anyone?

    184. Re:Is that even legal? by seriesrover · · Score: 1

      Heres a straight forward answer then - don't buy the damn phone if you don't like the terms. If you want "the right thing to be done" then feel free to start up a hw\sw business, create a similar iPhone and allow anyone cell phone provider to use.

    185. Re:Is that even legal? by JM78 · · Score: 1

      It's the morality of it.

      Bullshit. This is business and morality is never a consideration. It's about the bottom line and whether or not its legal. Always.

      They clearly state that the iPhone will only work on their network

      I don't have an iPhone so I can't speak to the exact contract but unless it explicitly states that you can not ever use the phone on another network then people are well within their rights to take an item they purchased and move it to a different network. Apple does not have the right, in this case, to intentionally brick the phone because they don't like the fact that they forgot to add that little clause into their purchase contracts. Likely why they didn't outright state that the next update would brick all unlocked phones - because there is a legal question of whether or not they can purposefully do so without invoking a class-action suit.

      If you decide to prove that wrong and mess up your phone why should Apple ... exchange your money/replace your iphone.

      Because you didn't mess up your phone. The simple fact that Apple has stated their update will break the hacked phones on purpose (anybody with 1/2 a brain can see this is true) is evidence enough that the hack itself doesn't mess up the phone and that it will be, in fact, Apple that causes the phone to break when the update is released.

      and/or the credit card companies

      The credit card companies are simply the middle man and could care less. If you call Visa and tell them to rescind a charge because of a dispute with the company then they should do it. It's Apple's problem not Visa's.

      Maybe I should go spike mine down onto the pavement then return it for a replacement as well?

      Verizon will replace my phone if I spike it on the pavement. This isn't unheard of. Apple and Stevie simply enjoy playing the role of the masturbating deity rather then giving the people what they want. It's about being greedy, period.

      My humble 2 cents.

      --
      I am Jack's smirking revenge.
    186. Re:Is that even legal? by TheVelvetFlamebait · · Score: 1

      There's a big difference between not supporting a particular (mis)use of a device and having "complete and utter control". They aren't obliged to support every usage for their products under the sun. It was locked, you fiddled with it (despite the warnings not to), you broke compatibility with the future firmware update. Apple is not and probably should not (for fear of setting a precedent) waste its money on bailing out those who broke their iPhone.

      I also don't get this "I bought it, so I get to do whatever I want with it" crap. Can't a company put restrictions on a product? It's not like you have to buy it. All it does is decrease the product's value to you, and increases the value of the sale to the company. If you don't think the entire product (restrictions and all) is worth the price, then don't buy it. All this buying and then cracking is driving up the price for others.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    187. Re:Is that even legal? by TheVelvetFlamebait · · Score: 1

      Not really. It's a firmware upgrade, not an attempt to brick some iPhones. Apple is not going to just freeze firmware updates because a bunch of people who broke their warranty are regretting their decision.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    188. Re:Is that even legal? by toetagger1 · · Score: 1

      Apple gets X (10?) % of the monthly subscription from AT&T. Also, they book the iPhone revenue as a service, spread over each month for 2 years. So yes, Apple looses money when people don't get an AT&T contract compared to those who do.

      --
      who | grep -i blond | date cd ~; unzip; touch; strip; finger; mount; gasp; yes; uptime; umount; sleep
    189. Re:Is that even legal? by morcego · · Score: 1

      Also, Apple is the one not playing fair here. Not the iPhone owners.


      Hum ? I'm sorry but ... hum ?

      Apple developed a product, and is selling it only for the AT&T network. What is not fair about it ? Where is it written they have to sell it to all other networks as all ?

      So you (him, whoever) changed their product. You want Apple now to take that into consideration ?

      You have at least 2 valid options here. You can sue them, and you can buy stock from Apple and try to act as a shareholder.

      What gives you the right to change the product, and then complain that Apple is not working around your changes ?

      If you want to "do what you want with the product you paid for", it is ok. But don't expect further service from Apple (upgrades/updates).
      --
      morcego
    190. Re:Is that even legal? by Sparks23 · · Score: 1

      Honestly, I cannot blame Apple for making that statement. Speaking as someone involved in the iPhone hacking community, the SIM unlock /does/ actually modify the 'hardware' in some sense. The difference between jailbreak and SIM-unlock is like the difference between installing a different OS on your PC (which is relatively harmless and should still be covered), or ripping out the BIOS and installing a homebrew (which, really, you cannot expect to still be covered). This is why the change 'sticks' even if you do a restore; you have actually modified the hardware setup.

      The unlock came out basically in the eleventh hour before the new firmware, and could legitimately muck up patching of things if Apple needed to do so. I suspect Apple took a look at this, realized they were not going to have time to account for it (nor, likely, did they want to spend the time/money to do so), and released a 'CYA' statement about not guaranteeing the new update will not brick the phone.

      Unfortunately, their 'we will not guarantee this does not brick your phone if you have modified it' has come across more like 'your phone WILL brick, ZOMG.' So the PR aspect could definitely have been handled better; less scare-tactic, more information, since presumably undoing the lock and restoring the iPhone to proper SIM-locked mode will allow the update to apply properly.

      But honestly, if you got a new firmware for your computer mainboard after you had re-flashed bits with homebrew code, I am pretty sure that might well not work so smoothly as an upgrade, either.

      --
      --Rachel
    191. Re:Is that even legal? by PitaBred · · Score: 1

      Why not switch to Linux? "Man, there's a chair with no back there, a chair with no seat there, and a chair with both. Which one do I choose?!?!?!"

    192. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Have you ever actually tried to use this supposed protection with your credit card company? I've tried a couple times, with a couple different cards, and gotten "Take it up with the vendor".

    193. Re:Is that even legal? by drmerope · · Score: 1

      I don't see how you can equate phone unlocking to hacking. People don't seem to realize that your carrier has to unlock your phone upon your request. Indeed, why should the carrier care? You've already signed a two-year contract with termination fee with them. I've done this with T-Mobile USA and AT&T. You just have to be insistent and assert you want to be able to use your phone overseas.

      This whole situation is a classic example of ignorance breeding presumption that has now been re-enforced by a company (Apple) making a radical change in historic practice all while believing (perhaps) and convincing most people (likely) that this is just a marginal step.

    194. Re:Is that even legal? by TheVelvetFlamebait · · Score: 1

      Unlike Sony, Apple is not a media company. They sell hardware and software. If they do brick cracked iPhones, then that is unfortunate for both Apple and their customers. Apple lose a small amount of market share to bad publicity. And considering the margins on the iPhone, that lost market share will sting. I seriously don't think it was deliberate.

      On the flip side though, they didn't back down on the firmware update, removing whatever feature(s) conflicts with the cracked iPhones. They needed to set a precedent of not compromising updates for non-standard iPhones.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    195. Re:Is that even legal? by realthing02 · · Score: 1

      So 3rd party blue tooth headsets can't be used with an iphone? I'll let my friends who are using them know they aren't actually using them. Or is that not an ad hoc attachment to the system? Like a scanner?

    196. Re:Is that even legal? by ToasterMonkey · · Score: 1

      Who's to say they might not?

    197. Re:Is that even legal? by Sandbags · · Score: 1

      It's perfectly legal, provided they can state that modification of the OS by third party "may" cause conditions where after a firmware update the OS would fail to load, or cases where the modifications cause the firmware to not be automatically updatable. Apple will do nothing specific to brick the phones on purpose. Besides the PR nightmare that would cause, and beyond Job's near admission that iPhones will be in the near future unlockable by default and supported on multiple netowrks, purposely crashing the unit due to third party modification would break the law in some states.

      Apple is NOT saying the upcoming patch will cause unlocked phones to fail. In fact, I'm sure they tested it. Some of the phones unlocked in different ways may prevent firmware from installing properly. In more likely cases, the updated firmware will require unlocking (again) and some applications may not work (or it might no longer be unlockable). In rare cases, it might be possbile the phone becomes bricked.

      Existing law requires manufacturers to warranty devices that support 3rd party modification, unless it can be proven the modification itself damages the device. However, in this case, Apple has an out because this isn't 3rd party software, or even a 3rd party modification of their software, but end-user modification of the device. Would the firmware be reloadable from iTunes, the end user is protected, but if the phone would have to be returned to Apple for factory reset, or potentially board replacement, then that would NOT be covered under the existing laws. It would be easy for apple to prove the unlock modifications cause issues with the OS loader, firmware flash utility, or other aspects, and as long as the firmware itself does not break the phone purposely (by some detection of modification, or special code that won't work if certain modifications or programs are present) More importantly, the phone is only licenced for apple approved development, and is NOT unlocked or supported for end-user applications or modifications as other phones are. Had Apple supported 3rd party open software on the iPhone, this might be interpreted differently, but open development is explicitly forbidden on this device.

      If you change out the injection computer in your car, your engine warranty is automatically void, even if the component was provided by a licenced 3rd party. This component in a car is nothing more than a program-on-chip, and would be considered no different from firmware modification of the phone.

      The only issue Apple may have is proving the bricked phone is bricked because of this modification, and not because of other simple software or hardware issues. They can eaisly tell if you have changed the chip inside, but if you have simply unlocked it to use as a mobile web device and not as a phone at all, how will they prove it's been modified if it won't boot?

      --
      There is no contest in life for which the unprepared have the advantage.
    198. Re:Is that even legal? by Is0m0rph · · Score: 1

      No they haven't. They will ban your console ID from ever using Live again though. Then if you want to play on Live you are forced to buy another Xbox or Xbox 360. But they don't ban your Gamer Tag so you are still allowed to use it to log into Live on someone else's Xbox.

    199. Re:Is that even legal? by Anonymous Coward · · Score: 0

      AFAIK, this has never happened. MS has only banned Live accounts. I can't believe I am saying this, but MS is quite gracious and fair when it comes to modding. They could brick your machine if they wanted.

    200. Re:Is that even legal? by Discordantus · · Score: 1

      I think that was a bad analogy. Here's a different one:

      Say that you buy a video game for your computer, and apply a patch from some website that makes you invincible in the game. You do this, despite a warning on the packaging that patching the game with patches not distributed by the game publisher could ruin your installation. Still, everything is working fine...

      Then, a couple months later, the game publisher releases a patch that fixes bugs and updates the interface for the game. You download and apply the patch to your hacked copy of the game, and (surprise!) the game crashes and burns, since some of the patched areas overlapped.

      Who's fault is this? Yours, or the publisher's?

    201. Re:Is that even legal? by Koiu+Lpoi · · Score: 3, Interesting

      Nintendo threatened it with the Wii. Firmware 3.0 came with the warning message "If your Wii console has an unauthorized technical modification, this upgrade could cause inoperability of your console." Mind you, it didn't actually brick any Wiis, and the update was completely optional (seeing as they gave you the warning and the option to stop), I don't see the problem.

    202. Re:Is that even legal? by PacketShaper · · Score: 0

      Now I don't have an Iphone so I don't really have a dog in this fight.

      BARBARIC!!!!!!!!!

      Sorry, had to do it...
    203. Re:Is that even legal? by 1u3hr · · Score: 1
      security vulnerabilities are already out there

      In theory. Is it actually happening? What would be the profit in it? What kind of data could one keep on a phone that would be worth anything to a third party (it's valuable to the owner, obviously). Maybe Paris Hilton has more videos on her phone?

    204. Re:Is that even legal? by Anonymous Coward · · Score: 1, Insightful

      No. Apple is offering an OPTIONAL software update. If you modified your software then don't install the update. Done. It's your right to unlock the phone, but it's not your right to make Apple support it after you've done so. Once you unlock it the phone becomes your problem.

    205. Re:Is that even legal? by yabos · · Score: 1

      How do you know Apple won't unlock it after the exclusivity agreement is over?

    206. Re:Is that even legal? by jstockdale · · Score: 1

      The point is that you are committed to AT&T for the effective life of the phone, not just two years.

      Bzzzzzt. FYI:

      AT&T has publicly stated they will unlock customers iPhones after the 2-year initial contract.

      --
      **AA: a bunch of mindless jerks who'll be the first against the wall when the revolution comes
    207. Re:Is that even legal? by petermgreen · · Score: 1

      what exactly does genuine advantage do if you fail anyway?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    208. Re:Is that even legal? by wesborgmandvm · · Score: 1
      What isn't fair, is voiding your warranty then crying foul when it breaks.

      Should car dealers be able to make you get all your oil changes at the dealership or void your warranty?

    209. Re:Is that even legal? by theelectron · · Score: 1

      That is an even worse analogy. If you game is f'ed up, you can reinstall it. If the firmware kills the iPhone, you may not every be able to reflash it, so it is useless for all practical purposes. Plus, unlocking the iPhone is not like moding the game for invincibility. You are not trying to gain an advantage over other iPhone users by unlocking it(assumed immoral similar to invincibility cheats), you are attempting to allow your device to be used with another carrier which is supported by law. To be honest, the real question in this all is, will any bricking be intentional on Apple's part. My bet is on Apple doing it intentionally, but not getting dragged through the mud for it because the common belief is that Apple is 'not evil', but that is just my guess.

    210. Re:Is that even legal? by Panaflex · · Score: 1

      Thirdly, locks are pointless if they are easily circumvented by anyone with a web browser. No they're not - locks are a simple way to get you to renew your contract - on a phone you're already paid for. Locks are meaningless otherwise - as you've either purchased the phone outright (pay as you go) or are under a contractual obligation and will end up paying for it in the end.

      We can't have it both ways - either we need a law which states that all users have a right to be unlocked after their contract is over (paid off or expired) - or we can go along with this hokey hacker versus network approach with bricked phones.
      --
      I said no... but I missed and it came out yes.
    211. Re:Is that even legal? by @madeus · · Score: 1

      *Indifference* to bricking the modded iPhones is fairly likely. I absolutely agree with you there. I'm often disappointed that vendors don't at least make some effort to avoid breaking things (like for example, they could make a patch that checksums files about to be patch and lets you know if things don't look right before applying the patch), but I doubt they will put any effort into that sort of approach, which is a shame really.

      I'd be really surprised if an update left an iPhone un-restorable though, I mean restoring using a Firmware restore tool from Apple works fine on iPods of various descriptions (including flash based Nano's) even when the you screw up entirely *cough* so I assume (I guess it's documented on ipodlinux.org) that the firmware-update mechaism doesn't rely on being able to boot the device in a traditional manner. I would be surprised if anything you do to the regular OS on the boot volume can break it beyond the point where that sort of reset wouldn't work.

      I've assumed (very possibly wrongly) that in the iPod's the software to handle resets is a tiny bootloader in ROM. Maybe someone who knows about iPod hacking can clear that up.
    212. Re:Is that even legal? by The+One+and+Only · · Score: 1

      Apple doesn't do anything to prevent modded AppleTV's, modded iPods, or modded Macs. There are only two cases in which Apple has done anything to prevent "homebrewing"--unlocking the iPhone and running Mac OS X on non-Apple hardware. Making Mac OS X unusable on non-Apple hardware is a rather reasonable and light-handed approach to preventing software copyright infringement--the only way you can get Mac OS X for Intel is to buy a Mac. You might say "yes, but what about people who bought a Mac, installed Linux on it, and installed Mac OS X on their other Intel box". I don't think anyone believes that's actually what is happening in that case.

      That leaves the iPhone. And you're right, Apple probably is in the wrong here. But it's not characteristic of them to be this way, as it is for Sony or Microsoft.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    213. Re:Is that even legal? by LinuxDon · · Score: 1

      I'll just have to respond to this one.
      As a fact, every decent IT vendor makes it possible to do a full firmware recovery. No matter what you screw up in the software.

      Just some examples I have experience with:
      Linksys even has the WRT54GL router with the intent of people hacking it.
      Sony Ericsson phones have a fail safe for when you completely mess up your firmware.
      HP is going out of their way to make sure anything firmware related can't mess up your hardware.

      Why would it be so unreasonable to expect the same from Apple for their IMHO overpriced phone? It's not like it's hard to do so.

      BTW, with all this crap going on it's hard to understand why anyone would want to buy this phone.

    214. Re:Is that even legal? by kaizokuace · · Score: 1

      legal doesn't matter on the high seas!

      --
      Balderdash!
    215. Re:Is that even legal? by flappinbooger · · Score: 1

      Let's just hope they don't lower the price as well! That would be really bad.

      --
      Flappinbooger isn't my real name
    216. Re:Is that even legal? by Babbster · · Score: 1

      We can't have it both ways - either we need a law which states that all users have a right to be unlocked after their contract is over (paid off or expired) - or we can go along with this hokey hacker versus network approach with bricked phones.

      OR, we can get a law that requires ALL phones to be unlocked from day one and end this phone/service bundling once and for all. At that point we might actually get some decent competition going in terms of both service and hardware. As it stands now, people get locked into contracts and the providers care more about the NEXT customer than they do about the current one, something obvious to anyone who watches a couple hours of commercial television where cell phone providers have taken over the expensive slots that used to be the domain of the soda companies.
    217. Re:Is that even legal? by KaptajnKold · · Score: 1

      And you can just about bet with safe odds that this WAS deliberate.

      Why? This is what I don't get. What makes you assume this out of the blue? You've no source, and you provide no logical argument as to why Apple would do this. In fact you go out of your way to explain why how this does not benefit Apple at all. You essentially grap hold of the single most uncertain part of this story, and twist it so it becomes epitome of certainty. I think that's a very dishonest way to argue about anything.

      Mind you, I'm not saying that we can positively rule out that Apple may have done this deliberately, but I for one would at the very least like to see if it turns out to be true that the phones are rendered useless. And even if they are, that still does not prove or even make it likely that Apple did it on purpose. As you said yourself: It's not to their benefit.

    218. Re:Is that even legal? by Darinbob · · Score: 1

      I bought a set of dinner plates once that were labelled "for vegetarian use only". After a few weeks of using them to put hamburgers on, a couple gentlemen from the department store came by and smashed them with bricks, thanked me for my time, then left.

    219. Re:Is that even legal? by Neo_piper · · Score: 1

      Nintendo Actually threatens breaking the hardware if you have "un-authorized third party modifications" before every check for a system update.
      It doesn't matter if there is even an actual update it's just hard coded before the firmware compare.

    220. Re:Is that even legal? by soapthgr8 · · Score: 1

      Offering a software update does not constitute "deliberately [trying] to destroy your device" for using hacks. The software update may brick the iPhone if it has been hacked, but also only if the software update is installed. The warranty does not require Apple to release software to hacked iPhones nor does it require iPhone owners to update their software. I think this route is bad for Apple's image, but they are within their rights to do it.

    221. Re:Is that even legal? by Anonymous Coward · · Score: 0
      I agreed with everything you said up to this point:

      No they're not - locks are a simple way to get you to renew your contract - on a phone you're already paid for.
      • In the USA, for most consumers, when you renew your contract, you get a new phone. The "lock" becomes immaterial at that point.
      • In the USA, the "real" lock is the contractual obligation. Leave the contract early? You pay for it with a fee that can exceed the value of the phone. A physically locked (or unlocked) phone has no bearing on this contractual obligation.
      • In most circumstances, the lock is there to protect provider revenues. Most providers want to sell services for a premium, and without competition. The lock is there to assist them in doing so. Want your own ringtones? You have one provider. Want to surf the web? One provider.
        A game? One provider.

      Service providers simply won't offer a phone that limits their ability to lock in the customer... and no manufacturer is immune. Note that the interesting thing about the iPhone (in the USA) is that there are two providers: AT&T and iTunes. That's pretty interesting, but the basic rules of the game remain the same.

      either we need a law which states that all users have a right to be unlocked after their contract is over (paid off or expired) - or we can go along with this hokey hacker versus network approach with bricked phones.

      There is a third option which you didn't consider - the right to have an unlocked phone from day 1 of the contract.
    222. Re:Is that even legal? by geeknado · · Score: 1
      You may well be right about the firmware restore tool, though I can't find any reference to how well it functions with either the iPod Touch or the iPhone(this page doesn't seem to help, at any rate). It seems to me, given the whole vendor lockin thing, that you might have to take it to either an Apple or AT&T store, but that's just speculation on my part.

      Of course, the firmware actually is incompatible with the hack, your phone is either stuck with a known buffer overflow security hole or must be reverted to its factory state. I guess it really depends on which subset of iPhone hacks are actually problematic and how important said hacks are to the continued usefulness of your very expensive toy(for those with hardhacked phones using non-AT&T SIMS, that could be really bad news).

    223. Re:Is that even legal? by drew · · Score: 1

      I don't really "hate" Java, I just said that I find the Java icon incredibly irritating - because most of the time when I see it, its sitting in the system tray on my computer (often multiple times) telling me that it wants me to upgrade my installed version of Java (when it really means that it wants to install a new version along side the three that are already there).

      What does your bank do for people who don't have cell phones, or people who use the pre-paid phones? I know of a few banks who offer something like that as an option, but the ones that I know of don't give out a Java program, they give out a physical token http://commons.wikimedia.org/wiki/Image:RSA-SecurID-Tokens.jpg. I can't imagine there are many banks here that would require their customers to have a cell phone at all, much less a certain kind.

      As far as "running small programs on a mission critical device"- the last time I had a need to run something on my cell phone that wasn't pre-installed, it was a PalmOS device (this was three phones ago), and there was no shortage of software available at the time. For better or worse, Palm OS seems to have been mostly replaced by Windows Mobile (or whatever they call it these days) which seems to be pretty popular among everyone I know who wants their phone to do anything more than make phone calls and send text messages.

      I honestly couldn't tell you how many phones sold in the US do or do not support Java, because I have never bothered to look. It's just not a selling feature to anyone that I know. Maybe outside the US having Java on your phone is actually useful for something. Here, as far as I can tell, it's just yet another way for your service provider to charge you more money for extra sh*t that you don't need, because there's generally no way to get any software onto your phone other than buying it through them at ridiculous prices. And if you do have a way to get programs onto your phone other then through your phone provider, then you probably have a windows or palm based phone anyway, so you don't care so much about Java.

      --
      If I don't put anything here, will anyone recognize me anymore?
    224. Re:Is that even legal? by ryanov · · Score: 1

      Locking and unlocking does not dramatically change the makeup of the phone. On a Treo, it was a very very minor change (in fact, part of the firmware -- one just had to type the right numbers). I'd find it hard to believe that it could blow up unless it were intentional.

    225. Re:Is that even legal? by pnewhook · · Score: 1

      It's one thing to void your warranty and crying that they won't fix your mistake. It's another thing altogether to void your warranty and have them reach out and break an otherwise 100% working phone.

      That's not what's happening

      The users vioded their warranty by modding the phones. Apple is providing an update under warranty (you dont think they were providing software updates out of the goodness of their hearts do you?) that may or may not be compatible with the modded phones.

      The solution is don't upgrade the phone with the new patch - it'll still continue to work. Why would you exepct that your phone would stay compatible after modification?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    226. Re:Is that even legal? by lubricated · · Score: 1

      The difference is if apple is purposefully bricking them. I bought this thing and apple remotely bricked it because the didn't approve what i was doing with MY phone. Fuck em.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    227. Re:Is that even legal? by dlim · · Score: 1

      No, but they will ban you from Xbox Live. Don't ask me how. I would guess that their goal with that is to keep people from crashing the game servers. For example, someone invited me to a custom game on a modded map that allowed up to 50 or 100 players in the game instead of the usual 16.

      I wouldn't draw a parallel to modding a phone to work on a network other than AT&T's. Apple doesn't support AT&T's network, and if it caused problems for anyone's network, it would likely be the one that the modded phone is being used on.

    228. Re:Is that even legal? by pnewhook · · Score: 1

      Also, I have a problem with a company actively preventing you from doing something protected by law (unlocking a phone is protected under the DMCA).

      They're not preventing you from unlocking the phones. But they don't have any obligation to provide compatible software updates either. If your phone is unlocked and it works, then don't upgrade the software. Simple.

      You made the decision to modify the phone and violate the warrantly. Then you should have realized that you wouldn't get any future support from Apple, and that includes software updates.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    229. Re:Is that even legal? by soft_guy · · Score: 1

      Apple (like Sony), has shown again and again that they are SERIOUSLY against homebrewing of any sort I think you need to explain this statement. We're talking about a company that gives away world class development tools (XCode and related tools for MacOS X) for free. I'd hardly say that this means they are "SERIOUSLY against homebrewing of any sort".
      --
      Avoid Missing Ball for High Score
    230. Re:Is that even legal? by pnewhook · · Score: 1

      My next "smart device" if this 9300 becomes awfully outfashioned will be another 9300 like "mini laptop" having a real OS, SDK and Java support. It is not the price, it is the date. It is freaking 2007 for God's sake.

      It's a freaking PHONE for gods sake, the last thing I want to do with a phone is program it. Why would I want an SDK, I deal with enough of that shit at work.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    231. Re:Is that even legal? by asuffield · · Score: 2, Informative

      You appear to be under the mistaken impression that this document affects the statutory warranty on every commercial product. It doesn't. If any product fails because of the actions of the vendor (usually manufacturing defects, but idiotic 'updates' also count), they have to repair, replace, or refund. It doesn't matter what words they put in the box with it. It doesn't matter what you sign. It doesn't matter what click-wrap licenses they throw at you. It doesn't matter what the vendor intended. The statutory warranty is immutable - courts all around the world have upheld that so many times that it just isn't funny any more.

      Anybody who sells any new (not after-market) item has a duty to make sure it is fit for sale and a legal responsibility to make good on any faults.

      Any warranties you may find in the box are additions to this, which cover failures due to your actions, third parties, or wear and tear (or nothing, in some of the more disreputable cases).

      People are sometimes misled by those "no warranty; not even the implied warranty of merchantability or fitness for a particular purpose" labels on free software. The only reason those work at all is because the software is given away, rather than sold; there's no statutory warranty on a gift.

    232. Re:Is that even legal? by Rakarra · · Score: 1

      The question is: do you need to flash the bios and load a different one to install Linux?

    233. Re:Is that even legal? by asuffield · · Score: 1

      I am sure the fine-print means you would forfeit your right to warranty and fitness for purpose if...


      Why on earth do you think that?

      NOTHING can forfeit that right. If you could forfeit it, then it would be meaningless, because every vendor would require you to sign it away or void it before letting you buy anything. The courts everywhere have always upheld this one: statutory warranty is immutable. You can't sign it away and the vendor can't disavow it for any reason. If the vendor is responsible for the fault, then the vendor must make good on it. Burden of proof may vary depending on the age of the item, but there's no expiry date on a statutory warranty - you might be required to prove in court that your 5-year-old widget really was defective from the outset and didn't fail due to wear and tear, but if you can prove it, then it's covered. It does not matter what you did to the item before the fault occurred, if that wasn't the cause of the fault. It does not matter what the vendor wants. They must repair, replace, or refund.
    234. Re:Is that even legal? by asuffield · · Score: 1

      Writing an email trojan is still a breach of the Computer Misuse Act. If your intent is to cause damage, then it doesn't matter who pushes the button, you're still the criminal.

    235. Re:Is that even legal? by Panaflex · · Score: 1

      Well, you can get unlocked phones right now. You don't get a discount on the service - but they're available. Amazon sells them.

      I agree with you concerning the rest - phone companies are slightly above mobsters on my book.

      --
      I said no... but I missed and it came out yes.
    236. Re:Is that even legal? by Pollardito · · Score: 1

      probably the only reason that they don't ban your gamertag is because if they did so they'd have to refund you for the balance of your silver/gold subscription. blocking access from your own box is nearly as bad as banning your gamertag, but they can say that technically you're still able to use the rest of your subscription

    237. Re:Is that even legal? by cmburns69 · · Score: 1

      You guys are so wrong about this. This is a carefully calculated PR move, just like the price break. First they will hype up that phones could become unusable. They know this is possible, and certainly some of the mods will be completely incompatible with the update, and result in an iBrick or two. But most iPhones will NOT break, and Apple will issue some sort of press release stating that they decided to listen to the community and not break modded phones (or some other BS like that).

      Mark my words, this will be another PR coup for Apple.

      --
      Online Starcraft RPG? At
      Dietary fiber is like asynchronous IO-- Non-blocking!
    238. Re:Is that even legal? by Anonymous Coward · · Score: 0

      didn't linksys need a gentle push to that affect by ways of a GPL lawsuit?

    239. Re:Is that even legal? by Anonymous Coward · · Score: 0

      No. What they have done is detected xbox consoles (360s) that are running modified DVD drive firmware, and blacklisted those consoles on Xbox Live. So if you had modded your DVD drive to play backup DVDs, you got permanently banned from Live but can still play the backup DVDs offline.

    240. Re:Is that even legal? by Anonymous Coward · · Score: 0

      From what I recall, the HW hack tied an address line of flash high. Thus, any FW that used or addressed over 50% of available flash would be in risk of corruption. If the iPhone does a checksum on flash at startup, it would immediately notice the corruption. if not, it might suddenly fail or otherwise act erratically.

      Realistically, this would happen eventually even without Apple attempting to brick the iphone.

    241. Re:Is that even legal? by Greg.Rodden · · Score: 1

      Yep. A 15v DC power transformer should do the trick.
      Snip the end off, strip some plastic off the ends and seperate the positive and negative. Then place the 2 sets of wires down and in to where you charge the phone (i assume its something like an iPod charger input). Listen for the crackle and pop and terrible, terrible smell and warranty it as "Not powering on"...

      I know it sounds like a disgusting practice but you definitely get your phone back.

      TIP: don't over do it. Practice on dead motherboards to see how quickly it works.

      P.S: Please don't take the moral high ground on this one, we all know how much of a mark up apple but on their products.

      --
      I have ridden the mighty moon worm!
    242. Re:Is that even legal? by arodland · · Score: 1

      Sarcasm aside, that is exactly the same reason why unlockers shouldn't bitch if their iPhones become iBricks. They are using them in a way the manufacturer hadn't intended them to be used.

      From the iPhone warranty:
      [irrelevant crap] What the fuck does a warranty have to do with it? Suppose I have an unlocked iPhone (I don't). I don't expect Apple to provide me warranty coverage. But I do expect them to refrain from knowingly delivering software that will ruin the device that I own. If a software update conflicts with the unlocking scheme completely out of chance and breaks the phone, that's a risk I ran by modding it. If they're in their back rooms cooking up software that will break unlocked phones, that's scummy. If they're deliberately breaking phones and they're using it as ammunition to make threats then not only are they morally bankrupt, but they're liable. There's no way around it.
    243. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Unless if Michael Moore gets his way... then you'll be paying 70% of your salary in taxes for free health care, leaving only 30% for Apple and AT&T.

    244. Re:Is that even legal? by laparel · · Score: 2, Interesting

      I see, sorry I misread your first post. But then, if Apple deliberately bricks my hardware, chargebacks should be the least of their (and our) worries.

      Voiding the warranty shouldn't stop Apple from considering me a non-customer, doesn't it? Do I now not deserve the firmware updates because I chose to void the warranty, I am still a paying customer and should receive support right?

    245. Re:Is that even legal? by thepartyanimal · · Score: 0

      Where do you guys come up with this DMCA bull? Don't you know the DMCA has, and always will be, a tool to be used against you? Claim DMCA all you want; they'll laugh in your face.

    246. Re:Is that even legal? by skuzzlebutt · · Score: 1

      Either no automatic updates, or in some cases The Black Screen of Despair

      --
      My debut novel AMITY now available: http://jeremydbrooks.c
    247. Re:Is that even legal? by antic · · Score: 1

      Corporate-friendly governments have been shifting the line of "what's fair" recently.

      --
      'Thats they exact same thing a banana wrench monkey.'
    248. Re:Is that even legal? by shellbeach · · Score: 1

      Sarcasm aside, that is exactly the same reason why unlockers shouldn't bitch if their iPhones become iBricks. They are using them in a way the manufacturer hadn't intended them to be used. So if I buy a laptop that is "designed for Windows" I shouldn't be able to run linux on it? Since when did purchase of a piece of hardware imply what types of software you could use on it?
    249. Re:Is that even legal? by laparel · · Score: 1

      "I know what you're thinking, 'cause right now I'm thinking the same thing. Actually, I've been thinking it ever since I got here: Why oh why didn't I take the BLUE pill?"

    250. Re:Is that even legal? by SeaFox · · Score: 1

      Apple was actually being nice instead of just putting out the update and then having a huge splash in the news when all those unlocked iPhones suddenly turned into bricks.

      You think Apple was doing it to be nice? Please.

      A huge splash in the news when people's iPhones get bricked was what they were trying to avoid, as it might lead to a few attorneys taking out their pens.

      Apple's warning is little more than a thinly veiled threat to scare people out of unlocking their iPhones. Gotta stay on the company's good side. After all, accidents happen...
    251. Re:Is that even legal? by Anonymous Coward · · Score: 0

      AFAIK, any mods to the xbox prevent it from connecting to xbox live, so you couldn't ever download an update.

    252. Re:Is that even legal? by fractoid · · Score: 1
      Well, I can guarantee you it's not genuinely advantageous. :P

      "The default Web browser will be started and the user will be presented with an option to purchase a new product key. There is no start menu, no desktop icons, and the desktop background is changed to black. [...] After one hour, the system will log the user out without warning". (from here)
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    253. Re:Is that even legal? by fractoid · · Score: 1

      Because the chair with both seat and back used to have a gigantic spike sticking up from the middle of the seat. And it's a different colour to either of the others, although it's getting slightly more similar to both. Lots of people remember trying the Linux chair in the past and getting spiked, and aren't keen to do so again, even though with the advent of user-friendly distros like Ubuntu, the spike is gone in almost all circumstances.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    254. Re:Is that even legal? by Anonymous Coward · · Score: 0


      Yet those MICROSOFT FAT CATS won't let me return it--can you believe that??


      Walmart probably would.

    255. Re:Is that even legal? by Durf · · Score: 1

      Except Ford doesn't send out the representative. You take your racing car into the Ford shop, plug it into the diagnostic tools that they just warned you might harm your vehicle that hasn't been used in the way they expected, and flip the switch yourself.

      Don't take the car in for servicing. Continue racing all you want. What is the problem?

    256. Re:Is that even legal? by bdo19 · · Score: 1

      So just how are you supposed to use other carriers when the two years are up? If iPhones are anything like iPods, they won't last 2 years anyhow!
    257. Re:Is that even legal? by icepick72 · · Score: 1
      Apple (like Sony), has shown again and again that they are SERIOUSLY against homebrewing of any sort

      Do you know how Apple began?

    258. Re:Is that even legal? by rho · · Score: 1

      Silly analogies aside, if you meddle with the expected operation of a black-box device--one not intended for unauthorized modifications--you get what you should have expected.

      Almost certainly you would have expected Apple to have honored defects introduced by firmware updates. Why are you free of similar obligations? "Apple has more money" is not a valid answer unless you're also willing to admit you don't mind thievery if the subject is rich enough.

      --
      Potato chips are a by-yourself food.
    259. Re:Is that even legal? by Spacezilla · · Score: 1

      Lusting after underage girls [Bad]
      They are Olsen Twins [...]
      Lusting after the Olsen Twins in Full House [Pretty Bad]

    260. Re:Is that even legal? by Anonymous Coward · · Score: 0

      When did brick become a verb?

    261. Re:Is that even legal? by topopardo · · Score: 0

      I'll talk about Europe, as this is the only I know about.

      Here it is illegal to modchip a device and let it play pirated content, but it is explicitly legal to unlock a cellular to make it work with any carrier. Yes, you read well, there is a law that explicitly allows consumers to unlock phones, even if there still is a some-years-long contract between you and a company.

      I don't really like politicians making laws about everything, but you must agree that it makes things a lot easier.

    262. Re:Is that even legal? by jadin · · Score: 1

      I will make it legal.

    263. Re:Is that even legal? by mjwx · · Score: 1

      Within two years Apple expects you to buy a new phone, much the same as ipods.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    264. Re:Is that even legal? by sacrilicious · · Score: 1

      Silly analogies aside

      I agree that any analogy that incorporates frogs, alligators, or duckbilled platypi has an automatic comic factor built into it. :)

      if you meddle with the expected operation of a black-box device--one not intended for unauthorized modifications--you get what you should have expected. Almost certainly you would have expected Apple to have honored defects introduced by firmware updates. Why are you free of similar obligations?

      Are you saying that because Apple fixes firmware defects, people are obligated to let Apple dictate arbitrary terms of usage? For example, can Apple require that iphone owners change their middle names to "Alligator"? (Sorry, I had to work alligators in there somehow.) But seriously, if being required to accept deliberate sabotage by Apple is quid pro quo for having Apple fix firmware bugs, I'd prefer a Rockbox model: Apple sells the hardware, is in no way obligated to fix bugs, and the open community comes up with its own variety of software.

      "Apple has more money" is not a valid answer unless you're also willing to admit you don't mind thievery if the subject is rich enough.

      While "Apple has more money" wasn't among my answers, I'll state for the record that I don't mind wealth redistribution that in some way compensates for the absurd free ride that corporations are getting legally/politically. Maybe that makes me a communist.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    265. Re:Is that even legal? by LKM · · Score: 1

      Apple isn't not evil, it's just that we have to look at different things differently:

      • Charging a buck for ringtones? Evil, but not Apple's fault.
      • The checksum on the iPod's database? Somewhat evil, but was hacked quickly, so probably not intended to be evil.
      • Not releasing an SDK for the iPhone? Marginally evil, may be due to time constraints.
      • Changing the TV cables to new iPods can't use old cables? Clearly evil, there seems to be no technical reason.
      • Announcing that firmware upgrades could corrupt hacked iPhones? Not evil, just common sense. I'm going to hack my iPhone, and I never intended to just install a Firmware upgrade over my hacked iPhone.
    266. Re:Is that even legal? by LKM · · Score: 1

      That's exactly why they are doing it, and it benefits them enormously.

      Bricking hacked iPhones helps Apple not at all. In fact, all the support calls will cost Apple, and people are not going to stop hacking their iPhones, they are just going to stop installing updates. In fact, the installing of apps isn't what Apple is after at all. They have publicly said that they will do nothing about this. What they are after are SIM unlocks, and they go after these because they have to; it's very likely part of their contract with AT&T. Also, they get money from cell phone contracts iPhone users have with AT&T, so it makes monetary sense to go after this.

    267. Re:Is that even legal? by LKM · · Score: 1

      There is a large difference in taking it back to NonExistentCarCompany and saying "Please fix my car", and NonExistentCarCompany pushing out an upgrade via WLAN that will cause your car to get auto-upgraded and stop dead in the middle of the road somewhere.

      Apple isn't pushing out an upgrade via WLAN either. You're perfectly free to not install the upgrade if you're afraid it might brick your phone. It's not even clear whether the update actually will disable the phone, or whether Apple is simply trying to preempt the shitstorm that will start if it accidentally does.

    268. Re:Is that even legal? by TehSpida · · Score: 1

      I Think the big problem here is, it shouldn't break the code. If you buy a stock Ford Focus, but put after market exhaust or new air intake into it (I know knowone here would.) The car itself is still covered under warranty. Just the add-ons aren't covered. Why should the Iphone not be the same? It seems that Iphone is under pressure to force Customers back to ATT's phone company and do all in the process.

    269. Re:Is that even legal? by Builder · · Score: 1

      You sure it is that simple?

      Reason I ask is that because I'm sure it isn't. If you want to keep buying content from ITMS, you will probably have to upgrade your version of iTunes at some point.

      A future version of iTunes may not allow syncing with your iPhone unless it is updated to the latest firmware.

      I'm sure there was a case with one of the iPod family where you were pretty much forced to upgrade or not be able to buy any more content a while back.

    270. Re:Is that even legal? by slashname3 · · Score: 1

      So if I buy a Ford Mustang and replace the engine with a hemi, Ford is responsible for making sure an update to the software on the original engine works on the replacement?

      People are free to unlock their phones. Why do you think Apple has some responsibility to make updates of their software work with a phone that was unlocked in that manner?

    271. Re:Is that even legal? by TooMuchToDo · · Score: 1
      I don't have a link directly to the Library of Congress at the moment, so Wired will have to do (the author of the article helped get the provision put into place):

      http://www.wired.com/politics/law/commentary/circuitcourt/2006/12/72241

      Owners of $600 smartphones can rejoice in last week's ruling by the Library of Congress exempting cell phone unlocking from the anti-circumvention provisions of the Digital Millennium Copyright Act. So can environmentalists and business travelers.

      The new rule explicitly allows people to circumvent technological protection measures on their cell phones in order to switch carriers and use the phone on a different network.

      Was it that hard you couldn't google for this?

    272. Re:Is that even legal? by LKM · · Score: 1

      iPhone updates are done using iTunes. And since the SIM-unlocked iPhones are probably not on the AT&T network anyway, I don't see how Apple could push updates on them even if they wanted to.

    273. Re:Is that even legal? by LKM · · Score: 1

      So what you are proposing is that Apple detects which phones are unlocked and then refuses to update them? That will go over well, I suspect.

    274. Re:Is that even legal? by Anonymous Coward · · Score: 0

      The main reason is because Microsoft is a bully. That's not really opinion, the lawsuits prove their mean business tactics. Apple stands in contrast as the underdog; but of course they're doing very well for themselves nowadays.

      However, what I want to point out to you now is that in this instance, we can partially excuse Apple simply because they have a partnership with AT&T, which is the real cause for such action. Take AT&T out of the picture and why would Apple care what people do with their iPhone as long as they're still selling them? From a business standpoint, a partnership is probably a good thing for Apple while they were (and still are) entering the mobile market--it's normal business practice to form partnerships when entering new markets; it helps manage risk. Don't expect initial partnerships to last forever, though. As the iPhone evolves and Apple gets a foothold in this new market, there will be less reason to make deals like this, and that will be better for consumers.

      My point being, in this case Apple's actions are probably much more related to their partnership with AT&T than they are related to their desire to screw us consumers. It sucks, but it certainly isn't the type of senseless evil you can associate with Microsoft business tactics. That's why many of us (who understand business) can look at what Apple is doing and see what's really going on. There isn't any reason to label Apple similarly to Microsoft because Apple probably didn't form their AT&T partnership to bully consumers but rather to manage their risk.

    275. Re:Is that even legal? by Rakarra · · Score: 1

      Please, no car analogies. They don't work!

    276. Re:Is that even legal? by xENoLocO · · Score: 1

      I like the analogy, but it's not so applicable. If home depot invented the hammer and gave exclusive rights to the nail, then yeah...

      --
      "The need to build the internet comes from something inside us, something programmed... something we can't resist."
    277. Re:Is that even legal? by petermgreen · · Score: 1

      it would probablly go over better than bricking them.

      don't explicitly check for an unlock just run some checksums and if they fail either refuse to patch or go into a full replacement mode rather than a diff based mode.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    278. Re:Is that even legal? by coolGuyZak · · Score: 1

      Are you saying that because Apple fixes firmware defects, people are obligated to let Apple dictate arbitrary terms of usage?

      Announcing that an update may brick a phone is far from an arbitrary term of use.

      Updates and patches are developed with the assumption that the system operates under several environmental invariants (e.g. code locations and instructions). When these invariants change, they cause unexpected behaviors*. Unexpected behavior damages system integrity. Thus, it can be said that modifying invariants decreases system integrity.

      Hacking a device can damage system integrity directly or indirectly. Hacks that adjust environmental invariants, such as firmware replacements, compromise integrity directly. Others operate indirectly: they adjust variants in a manner inconsistent with established invariants. To complicate matters, many hacks intentionally subvert existing update mechanisms by installing software management tools. It merely follows that an update (or the update mechanism itself) may behave unpredictably and brick the device.

      Now, let's say that:

      • Apple's update modifies program A.
      • Program A has been exploited to unlock the phone.
      • The process used to unlock the phone may modify or conflict with an invariant.

      Then it is possible that Apple's update may have the unfortunate side effect of bricking the phone. Sans testing or formal analysis, you can't be sure.

      Let's further say:

      1. That Apple knows that their patch & the hack may conflict. (unknown, but likely)
      2. That Apple has stated they won't support broken, hacked iPhones. (true)
      3. That the opportunity cost of testing hacked iPhones is expensive. (unknown, but not unlikely **)

      Given (2) and (3), Apple lacks an incentive to test the effects of a patch on a modded iPhone. But, knowing (1), they can inform their customers that upgrading may be dangerous***. However, I say that a user accepts the risk of brick as soon as they mod it.

      -- Footnotes --
      * In fact, most bugs occur because a developer treats a variant as invariant.
      ** Additional testing costs more time and money, in addition to pulling developers away from product enhancements. Furthermore, encouraging iPhone unlocking (by supporting unlocked devices) exposes the company to litigation from AT&T.
      ***Deciding the appropriate course of action is left as an exercise to the corporation.

    279. Re:Is that even legal? by LKM · · Score: 1

      But the SIM unlock isn't even happening in firmware. Just checksuming the files Apple is about to update won't fix the issue. In fact, Apple probably doesn't do deltas at all anyways, I suspect they just replace the old firmware with the new one.

      Anyway, it seems the update doesn't brick (all) modded iPhones.

    280. Re:Is that even legal? by rho · · Score: 1
      Are you saying that because Apple fixes firmware defects, people are obligated to let Apple dictate arbitrary terms of usage?

      No, Apple can say "don't meddle with the workings; we're not responsible if you do". They dictate how they will support your device. If you want to go out on a limb, you're free to. Apple doesn't have to care if you crack your fool head open.

      Support of arbitrary wealth distribution marks you as a cad first, possible communist second. How much money do you make? If it's more than I make I'm redistributing your car to me.

      --
      Potato chips are a by-yourself food.
    281. Re:Is that even legal? by Anonymous Coward · · Score: 0

      Poor iPhone owners - buying equipment that comes with a warning "unlock this and it may stop working", who then unlock the equipment and complain that it stops working.

      I mean god forbid that someone would buy something and then not expect it to do exactly what it said in the manual! What is this world coming to?!?!

    282. Re:Is that even legal? by BarneyL · · Score: 1

      In other words, swim at your own risk, but don't bitch to us if you get eaten by an alligator; you were told to stay out of the water.
      This isn't warning you there are alligators in the water though, this is the manufaturer of your swimming trunks dropping depth charges into the water because you want to swim in someone else's pool.
    283. Re:Is that even legal? by Anonymous Coward · · Score: 0

      WRONG

  2. Well... by zantolak · · Score: 5, Funny

    At least it's a stylish brick!

    1. Re:Well... by Anonymous Coward · · Score: 2, Funny

      a stylish brick! That's what people say about Steve Jobs too.... oh, hang on, "brick". I thought you said.... ah, nevermind.

      (Side note: captcha is "contempt". Hmm.)
    2. Re:Well... by skoaldipper · · Score: 1

      Sell it on eBay as "New iPhone SIM game".

      Dazzle your friends as you quickly progress from "IDK, my BFF, Steve" to "Can you hear me now?"

      $1. No reserve price.

      --
      I hope, when they die, cartoon characters have to answer for their sins.
    3. Re:Well... by rlp · · Score: 2, Insightful

      You're absolutely right! It's called the free market. Apple is free to tie their product exclusively to AT&T. They are free to lock out all third party apps. And I'm free to take my business elsewhere. Which I fully intend to do.

      --
      [Insert pithy quote here]
    4. Re:Well... by jabuzz · · Score: 1

      Except in the E.U. the tieing of one product (the iPhone) to another (mobile phone contract) is illegal...

    5. Re:Well... by mpe · · Score: 1

      You're absolutely right! It's called the free market. Apple is free to tie their product exclusively to AT&T. They are free to lock out all third party apps. And I'm free to take my business elsewhere. Which I fully intend to do.

      In a totally "free market" there would be nothing stopping information on how to untie the phone. Even for someone to build a business model around supplying untied phones.

    6. Re:Well... by damn_registrars · · Score: 2, Funny

      Imagine a beowulf cluster of those!

      I guess that would probably be called a wall, yes?

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    7. Re:Well... by Anonymous Coward · · Score: 0

      Except in the E.U. the tieing of one product (the iPhone) to another (mobile phone contract) is illegal... No it isn't. In some European countries it is (eg Finland (2.5g and below), Belgium), and in some it isn't (eg Ireland)
    8. Re:Well... by AVee · · Score: 4, Insightful

      Apple has every right to protect what they've sold.

      No, they don't. They sold it, you know, thats when something changes from one owner to another. It's supposed to be *your* iPhone. That's a pretty basic concept and it's scary to see how people are losing sight of those things when you show them some shiny gadget. There is al lot of that stuff out there, like "Never mind the DRM, look shiny new Aero interface!" or "Never mind your privacy, look shiny new web 2.0 website!".
    9. Re:Well... by cos(0) · · Score: 1

      As many others have pointed out in this discussion, what you bought is the hardware and a license to the firmware/software. You bought these two with the knowledge that the manufacturer claims that you can only use these with AT&T. So, certainly, the iPhone is yours, and you can do with the hardware whatever you wish -- no one argues against that. However, this does not entitle you to anything more. If you try to use this phone with T-Mobile, you should not expect Apple to support you.

      Lastly, please don't forget that in your examples -- preferring Aero to DRM, preferring web 2.0 to privacy -- you, the consumer, are making a choice of your own free will. Would you prefer the government to step in and "protect" you by forcing you to make certain choices?

    10. Re:Well... by djbckr · · Score: 1

      They sold it, you know, thats when something changes from one owner to another. It's supposed to be *your* iPhone.
      Ok, I'll rephrase then: They sold you a phone with certain functionality. If you don't like it then don't buy it. If you modify it, just like just about anything you modify, the manufacturer will void the warranty, and they have no obligation to fix it for you.

      I don't buy (no pun intended) the fact that if you buy something, you're entitled to break it and have the manufacturer fix it for you.
  3. What are they to do... by suv4x4 · · Score: 1

    Are you telling me it's impossible to reinstall/reset the software on an iPhone?

    Anyway what are they to do: sell their iPhones and buy iPod Touch, this is what they wanted right?

    1. Re:What are they to do... by Anonymous Coward · · Score: 0

      I'm sure it's possible to restore a bricked iphone, but you'd probably have to use the JTAG that was used in the initial unlock hack, which isn't feasible for the average person to do themselves.

    2. Re:What are they to do... by Anonymous Coward · · Score: 0

      JTAG was not used in the intial unlock hack.

    3. Re:What are they to do... by Lepton68 · · Score: 2, Informative

      I believe the problem is this: The phone OSX operating system can be completely rewritten with a fresh copy by doing a restore in iTunes at any time. So any hacks that were done to that huge chunk of code can be completely undone and restored to factory fresh conditions. BUT the SIM-unlocking hacks, and I'm talking only about the hacks that let you use a SIM card other than ATT, change a chunk of code that is deeper in the hardware of the phone, outside the OSX operating system. It is changing some firmware that is outside the restored code. Note that the unlocking survives a restore. That's because it is hacked outside the OSX system.

      Thus, the Restore in iTunes won't restore those particular hacks. And it is very possible that the hacked code won't run with new updates to OSX.

      Apple isn't doing it on purpose. They are just doing what they planned to do - update OSX with new stuff. Apple is being NICE in warning people about this. Now, yes, I think with some EXTRA, EXPENSIVE WORK Apple could probably release a standalone program that might be able to restore that other code that is being hacked up. But darn it, do they have to? They warned you in advance, they are warning you now, and why do they have to support these hacks, even by undoing them?

      Out of the goodness of their hearts, I do believe if this is actually a significant problem that Apple WILL take the time and spend the money to fix this deep hacking to make things back to factory fresh. But it is above and beyond what they need to do , and if they do it, they will do it because Apple is GOOD.

      --
      Mike from www.myallo.com/blog
  4. What did you expect... by moseman · · Score: 1, Insightful

    What did you expect Apple to do, sit back and watch their monthly payback from AT&T go away? And AT&T not get their expected revenue?

    --
    Those who cannot remember the past are condemned to think "profiling is worse than the slaughter of innocent people..."
    1. Re:What did you expect... by Anonymous Coward · · Score: 1, Interesting

      Those who have hacked the phone are already denying ATT/Apple their revenue, so bricking the phones will not change that situation.

    2. Re:What did you expect... by Platinum+Dragon · · Score: 2, Insightful

      If Apple + AT&T weren't prepared to deal with that gaping hole in their business plan, they deserve to lose money. There is no law that guarantees profit, and it's not up to iPhone owners to fulfill a deal made between Apple and AT&T.

      Apple made a mistake by locking the iPhone to a single provider. If Apple's execs are shocked and appalled that computer nerds are modifying what is basically a portable computer, they need to be replaced with people who actually understand what techies will do with computers and plan accordingly.

      --

      Someday, you're going to die. Get over it.
  5. Quiiiick. by apodyopsis · · Score: 1, Flamebait

    My. Thats a brave move. First they chopped $200 off, and then threaten to turn them into paperweights if you dare to use them away from their selected few. They *really* know how to treat their early adopters well.

    Quick buy shares in O2 and AT&T! Quiiick!

    1. Re:Quiiiick. by @madeus · · Score: 5, Interesting

      and then threaten to turn them into paperweights if you dare to use them away from their selected few. No, they didn't. They are not talking about "bricking" only network-unlocked phones (the actual quote was in the context of hacked iPods too). You are spreading FUD, like most people are on this thread, and the flamers and moderators are lapping it up too.

      In fact, in Europe (I don't know about the US) phones *must* be unlockable (providers often refer to this a 'subsidy code' - it's cheaper to buy it from a third party). It can be around 3-4 UKP to buy a subsidy code (generated from your IMEI) online, it's usually about 10-20 UKP to get it done on the high street and about 50+ UKP to get one from the original provider.

      After the contract period is up on AT&T from what I have read I believe they are letting you use the device with other providers . I'm not sure if that is through legal mandate or not, as I've indicated I don't know what US legislation there is covering network interoperability for mobile phones.

      In either case their most certianly ARE going to be unlocked iPhones out there, that's not the issue. All that's being said here is that "if you've modified the software on your iPhone, upgrading it [i.e. applying a binary delta which is intend to patch against the original OS] might prevent the phone from booting". I would add that if you find that even remotely surprising you are not sufficiently technical to be messing around applying 3rd party hacks to your phone's OS (and that you can almost certainly restore the original firmware on it, even if it won't boot - as with the iPod's).

      Slashdot is mis-representing the truth and people who love an excuse to rant against Apple are lapping it up in blind ignorance.

    2. Re:Quiiiick. by mpe · · Score: 1

      In fact, in Europe (I don't know about the US) phones *must* be unlockable (providers often refer to this a 'subsidy code' - it's cheaper to buy it from a third party). It can be around 3-4 UKP to buy a subsidy code (generated from your IMEI) online, it's usually about 10-20 UKP to get it done on the high street and about 50+ UKP to get one from the original provider.

      Consider also that a suplier deliberatly damaging an unlocked phone could also find themselves breaking "anti-hacking" laws.

  6. Statutory rights? by JonyEpsilon · · Score: 2, Insightful

    Don't people have statutory rights with regards to purchased goods in the US? I'm pretty sure if they tried such a trick in the UK they'll get a kicking in court.

    1. Re:Statutory rights? by faloi · · Score: 1

      I suppose we'll find out. I'm assuming that the firmware update will get to phones in the UK as well.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
    2. Re:Statutory rights? by Bartab · · Score: 1

      Statutory rights to use, abuse, tear, twist, or mutilate any object they own.

      Doing so simply breaks the warranty.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    3. Re:Statutory rights? by DustyShadow · · Score: 2, Funny

      Unfortunately, statutes are used to take away our rights in the U.S.

    4. Re:Statutory rights? by Anonymous Coward · · Score: 1, Insightful

      WTF is with all this talk about warranty breaking? This is not about unlocking the phone, breaking it and expecting Apple to fix it under warranty - it's about Apple threatening to BREAK WORKING DEVICES that DON'T REQUIRE WARRANTY SERVICE (yet) just because you didn't stick to the 'approved' telephony provider.

      Or are you telling me that it's OK for Apple to break it, but if it's unlocked I can't go and ask them to fix it back?

    5. Re:Statutory rights? by badfish99 · · Score: 1

      I wonder how many people in the UK regularly change the SIM card in their phone when they go abroad? I have a collection of SIM cards for every country I regularly visit, so that I get local calling rates in each country. So I would have no interest in buying a locked phone.
      I would guess that buyers of high-end phones would often be regular travellers. But perhaps Apple is assuming they would be using the phone for business, and therefore uninterested in saving money on calls while overseas?

    6. Re:Statutory rights? by LKM · · Score: 1

      I think a lot of Europeans do that. It's less of an issue in the US, where a lot of people hardly ever leave the country, but in Europe, you can't take two steps without leaving your country. I actually live in Switzerland, and I can reach five or six different countries within less than three hours. Of course, since there's no official iPhone in Switzerland, I had to unlock mine anyways :-)

  7. Build a very expensive house? by leuk_he · · Score: 4, Funny

    in SIM-unlocked iPhones turning into very expensive bricks... So what are users of SIM-unlocked iPhones to do?

    Bricks have uses too. You can build houses from them. Very expensive houses. But bricks are bricks after all.

    1. Re:Build a very expensive house? by somersault · · Score: 3, Funny

      And at least your house won't scratch easily

      --
      which is totally what she said
    2. Re:Build a very expensive house? by Anonymous Coward · · Score: 0

      Bricks have uses too. You can build houses from them.
      Also useful for breaking Windows.
    3. Re:Build a very expensive house? by The+Mighty+Buzzard · · Score: 1

      You can also put them in a sock and smite your enemies with them. They're versatile like that.

      --
      Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
  8. I think... by LLKrisJ · · Score: 3, Insightful

    ... This is most likely to be just lowly scare mongering. Apple is becoming evil awfully quick.

    1. Re:I think... by Anonymous Coward · · Score: 0

      Apple has been evil for years, they've just never been popular enough to warrant the unwashed masses noticing it.

    2. Re:I think... by eventhorizon82G · · Score: 1

      Or maybe they were being nice enough to give folks some warning to revert back to the original firmware and to prevent others from modifying it? Should Apple really screw over all the good customers who didn't void their warranties, who didn't blatantly ignore the absolutely clear advertisements the iPhone is for use on the AT&T network only, by pushing back the release of new features in order to make them place nicely with a hack? Give me a break. An evil company would have done it without warning.

    3. Re:I think... by gordo3000 · · Score: 1

      how is this different from how they have acted for about the last ... since they were founded? They are just as bad as MS, they just failed miserably in the PC world so you probably didn't notice it.

    4. Re:I think... by that+IT+girl · · Score: 1

      I was afraid something like this would happen if they got too popular. As long as they were the cool 'underground' company, it seemed okay. But, much like my favorite band, they traded their unique-and-coolness for fame and money. And became as bad as the competitor everyone was choosing them over.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    5. Re:I think... by pak9rabid · · Score: 1

      haha, i don't think you could have put that any better :)

    6. Re:I think... by betterunixthanunix · · Score: 4, Insightful
      "Becoming" evil? Apple is not some shrine of ethics or panacea of consumer/developer friendliness. This is a company that has tried suing bloggers for talking about upcoming Apple products. One of the first companies to employ TPM-style chips on a widespread basis. The company that takes 50 times more than they give -- GUI, OOP, BSD, KHTML, etc. The company that is locking down iPods so that I won't be able to use them with my computer anymore (because, GASP, I don't run an OS that they support with iTunes!).

      If you are surprised by Apple's behavior, you should take a look at some news archives and see what Apple has done in the past. And if you think that they won't try to shut off unlocked iPhones, you REALLY need to review the news archives. In the Apple world, "lock-in" takes on an entirely new meaning.

      --
      Palm trees and 8
    7. Re:I think... by LLKrisJ · · Score: 1

      Well... I used 'becoming evil' in response to the image they alway wish to portray. "We think different, we are not like Microsoft blah blah blah"

      Yet in the end they are just the same, if not worse. They charge outrageous premiums for run of the mill hardware (take a standard macbook as an example...) just because the case is white or something. They make 100% or more of profit on iPods made in Chinese sweatshops by underpaid children. The list is endless.

      I am not stupid. Other multinationals in the PC industry probably also are guilty of one or more of these practices. So this should not be seen as flame bait. But Apple should just quit the whole "we are so much better" drivel...

      I for one, will steer waaay clear of their products.

    8. Re:I think... by QuantumPion · · Score: 1

      ... This is most likely to be just lowly scare mongering. Apple is becoming evil awfully quick.


      Yeah, but all they have to do is give everyone with a bricked phone a $100 gift certificate good towards the purchase of another iphone, and then everybody will cheer about how not-evil Apple is.
    9. Re:I think... by LKM · · Score: 1

      - As far as I remember, Apple didn't sue bloggers, it tried to get them to give up who gave them information about who leaked the info in court
      - Apple never used the TPM chips
      - Apple has many Open Source projects - I think the KHTML guys are really happy with WebKit
      - You can use your iPod with your computer, gtkPod works

      So yeah, nice FUD. I'm not saying Apple isn't evil. Just that your examples are all bullshit.

  9. Going one better by Andrew+Kember · · Score: 3, Interesting

    I wouldn't be surprised if the iPhone Dev Team released a work-around rather than a roll-back. I.e. Have your unlocked iPhone cake and eat it (upgraded s/w) too. How? That's up to the clever people...

    --
    Obfuscation is easy
    1. Re:Going one better by Anonymous Coward · · Score: 0

      Hey, they did it with the PSP. I'm sure it's possible.

    2. Re:Going one better by Durf · · Score: 1

      If the dev team's products to date haven't included some sort of method for rolling back your phone to its factory state, they've done a piss-poor job.

  10. impying any 3rd party software is not warrantable? by Shivetya · · Score: 2, Insightful

    It seems to imply that running any 3rd party software on the phone voids your warranty.

    I wonder how long Apple will be able to play hardball before they are in court on the wrong end of a class action suit?

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  11. How to relock an iPhone by EvilSpudBoy · · Score: 5, Informative

    There are instructions on how to relock an iPhone here

    It seems a bit involved

  12. That is the question by djupedal · · Score: 2, Funny

    To brick or not to brick...

  13. Thats What You Get... by flyneye · · Score: 2, Funny

    Thats what you get for giving Mac any of your hard earned money,a suckerpunch.Remember although you bought it ,it belongs to Steeev Jobs.
    If he says no,you better listen.After all he is richer,smarter and better than you.Think Different.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  14. Legal responsibility by da_matta · · Score: 2, Interesting

    This could create an interesting legal situation in countries where modding the equipment is a protected consumer right. On the other hand, if you hack the iPhone you pretty much void the warranty and can't expect the official updates to work. But with "FUDdish" threats like this Apple makes it sound like their intentionally breaking the phones. And I wonder how Apple plans to prevent returning the bricked phones for warranty. If they can detect that afterwards, they probably could have detected it as part of the bricking update.

    1. Re:Legal responsibility by AVee · · Score: 1

      I'm note sure how they will go about selling iPhone here, but selling a sim-locked phone to go with a GSM contract is illegal here in the Netherlands anyhow. Simlocks are only allowed for perpaid phones, and even then the provider is required to provide an reasonable unlocking service after one year.

      You are however bound to the contract with the GSM provider, so you can take the phone and use it anyway you want, but you will pay the monthly fees for the contract you signed up to. These contracts are generally for a one or two year period, I fully expect two year contracts to go with the iPhone.

      This does mean however that by paying the price of the iPhone and 24 times the monthly fee will get you an iPhone which is free of restrictions yet fully legal. I can't see Apple messing with firmware updates on those phone, I can see them getting imported into the US...

  15. when you upload a crack by siddesu · · Score: 1

    you most likely break your warranty, so yeah, the update turning the phone into a brick is probably legal, and you were warned about it at various stages of the purchase, unpacking and using the crack. whether that is good PR ... well, that remains to be seen. real apple fanbois won't be cracking their phones, and apple won't probably care about the semi-fanbois that do crack them. also, I am sure most of the people who bought an iphone realize there is this exclusive contract with the relevant carrier, and that both apple and the carrier will do their best not to let people off the hook via some free hack. so, if you bought an iphone to crack ... you knew what it means ;)

  16. That sucks by cyberworm · · Score: 1

    That sucks for the people that bought iphones specifically because they could be unlocked and used with anyone. On the other hand, it's been known for a while that the iPhone was going to be tied to a specific carrier.

    I have a feeling that regardless of how many times someone comes up with a hack to unlock the iphone, there will always be something new to come along and give the tie in with att some sort of bright side. Kind of like how you only get the visual voicemail with att and not another carrier. I would expect to see new features rolled out as time goes on, giving additions to the iphone only to att customers, at least during the duration of their contract together.

    Regardless of anything though, right or wrong, it's been widely known that the phones would be locked into att and if you purchased it to unlock it for another network you have nothing to complain about when the next update kills it.

  17. I'm sure this is actionable! by mlwmohawk · · Score: 2, Interesting

    If something you do that intentionally destroys private property, that is absolutely something that can be brought to court.

    I think it is time to stop thinking of Apple as anything less than an even more evil version of Microsoft with slightly less money.

    1. Re:I'm sure this is actionable! by Anonymous Coward · · Score: 0

      The DMCA explicitly allows people to remove carrier lock-in from their cell phones. If apple brick units that have been made SIM friendly, they'll be facing a class action suit if enough people are hit (or lawyers paying attention).

    2. Re:I'm sure this is actionable! by Bartab · · Score: 1, Insightful

      You're nuts. The iPhone as purchased continues to work. If you do something to unlock it and it bricks, well you shouldn't have violated the warranty by unlocking it.

      You should feel happy that Apple is warning people that if they unlocked the phone they shouldn't install the update. They didn't have to do that.

      You can be sure that any iPhone returned for warranty will be checked for unlocking and returned unfixed if found. As has been said many times, you can sue anybody for anything in the US. In this case, you won't win.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    3. Re:I'm sure this is actionable! by Anonymous Coward · · Score: 0

      Yeah, right. Bring Apple to court. Its lawyers will slice your face off with a dull knife, wipe their asses with it and nail it back on upside-down.

      Seriously, what part of "the one with the gold makes the rules" of the Golden Rule didn't you understand?

    4. Re:I'm sure this is actionable! by WhiteWolf666 · · Score: 1

      *shrug*

      Legally, the government has recognized the consumer's right to unlock a cellphone. The FCC is big on phone portability and number portability.

      Yes, so far the it's only been recognized in regards to a DMCA exemption, but I have a feeling both the government and the courts would look well upon consumers who unlock iPhones.

      http://arstechnica.com/news.ars/post/20061124-8280.html

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    5. Re:I'm sure this is actionable! by walt-sjc · · Score: 1

      You should feel happy that Apple is warning people that if they unlocked the phone they shouldn't install the update. They didn't have to do that.

      The next Service Pack for Windows Vista will cause your computer to self destruct if you have installed Firefox or OpenOffice.org. As a bonus, a chair will be arriving via your living room window.

          Your's truely,
          Steven A. Ballmer

    6. Re:I'm sure this is actionable! by HairyCanary · · Score: 1

      I keep seeing this argument. It's complete and utter bullshit. Hacking the iPhone to unlock it is not at all like installing third party software. It's more like taking Windows and hacking it to take an invalid key. And Microsoft *has* retaliated against OS hacks with service packs.

    7. Re:I'm sure this is actionable! by mlwmohawk · · Score: 1

      The iPhone as purchased continues to work

      Not if you install the update.

      If you do something to unlock it and it bricks, well you shouldn't have violated the warranty by unlocking it.

      Unlocking it does not stop it from working. Warranties are *NOT* a declaration of rights, they are merely what the corporation is responsible for in absence of consumer protection laws where you live.

      You should feel happy that Apple is warning people that if they unlocked the phone they shouldn't install the update. They didn't have to do that.

      You should feel happy that Apple creates software designed to destroy *YOUR* property? Are you forgetting its YOUR phone?

      You can be sure that any iPhone returned for warranty will be checked for unlocking and returned unfixed if found. As has been said many times, you can sue anybody for anything in the US. In this case, you won't win.

      A warranty is *NOT* the limits of your rights. You have rights beyond the warranty. If you own something, you have the RIGHT to not have it intentionally broken by someone else.

      If there is proof that Apple intentionally did something to brake these phones, it is a criminal action.

    8. Re:I'm sure this is actionable! by Barny · · Score: 1

      Well, just don't update its firmware, then you will have all the same functionality as you currently hav... what? iTunes will stop working with an unpatched one (not truth, just a guess)? But surely you wouldn't have spent THAT much on a phone that is so locked down it HAS to use a specific application just to transfer data to it? /me hugs their nokia e65

      --
      ...
      /me sighs
    9. Re:I'm sure this is actionable! by walt-sjc · · Score: 1

      Oh yes, your right. I forgot - you CAN'T install third party software on the iPhone. Except the hack of course... And any other software that hackers have found a way to install...

    10. Re:I'm sure this is actionable! by asdfghjklqwertyuiop · · Score: 2, Informative

      And Microsoft *has* retaliated against OS hacks with service packs.


      Which service pack was it that caused windows installations with invalid keys to stop working?
    11. Re:I'm sure this is actionable! by pete_p · · Score: 1

      You should feel happy that Apple creates software designed to destroy *YOUR* property? Are you forgetting its YOUR phone?

      Who said the software was designed to destroy property? Isn't it possible that the unlocking tools do something they shouldn't (maybe erase a bit of currently-unused firmware that is needed in 1.1? I dunno), and Apple is just saying that they won't fix someone else's bug?

      And hey, at least they warned you. If they wanted to brick phones, why announce it ahead of time? You still have the option to not update.
      --
      Insert wit here.
    12. Re:I'm sure this is actionable! by shawn(at)fsu · · Score: 1

      It's more like taking Windows and hacking it to take an invalid key
      That's not even close a close comparison. In one case the iPhone you bought it legally, in the case of hacking windows to take an invalid key you're making software work that you didn't purchase a valid key for. Apples and Oranges.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    13. Re:I'm sure this is actionable! by Anonymous Coward · · Score: 0

      SP2

    14. Re:I'm sure this is actionable! by Reality+Master+101 · · Score: 1

      Legally, the government has recognized the consumer's right to unlock a cellphone. The FCC is big on phone portability and number portability.

      That's true, but there is no consumer right for the company to have to *support* your right to unlock your cellphone. They have no obligation at all to make it easy on you. It's your phone, modify it as you will, but you take responsibility if you kill it.

      --
      Sometimes it's best to just let stupid people be stupid.
    15. Re:I'm sure this is actionable! by asdfghjklqwertyuiop · · Score: 1

      SP2 of what? I know for a fact XP SP2 doesn't do that.

    16. Re:I'm sure this is actionable! by Anonymous Coward · · Score: 0

      Apple is not the one breaking your phone by altering the firmware, you are. It's in every TOS that you use the software at your own risk. And since you're doing the upgrade and apple isn't forcing you to upgrade, you're the one at fault.

    17. Re:I'm sure this is actionable! by Tuoqui · · Score: 1

      Actually I think the DMCA only applies to Digital Rights Management with which one accesses COPYRIGHTED material with. Basically DMCA is Copyright on steroids.

      So unless the iPhone that was hacked was also being used to access iTunes or whatever other DRMed crap it could be seen as legal. I'm not sure you can claim copyright on binary files since all they are at the core is mathematical algorithms

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    18. Re:I'm sure this is actionable! by OhPlz · · Score: 1

      Yes, I think this is a big factor in this discussion. If the government has decided that using the DMCA to enforce phone locking was unfair to consumers, that leads to the opinion that unlocking is a legit practice. If that's so, then releasing an update that may break the device for legit users is a bit absurd.

      I think it comes down to the fact that Apple has done evil here by tying the device to one carrier. They're not the first, but they are far more noticeable than other cell phone manufacturers. The iPhone is more of a "convergence device" than a cell phone, whereas other cell phones were perceived as cell phones that could play MP3s and sort of surf the Internet. They could have tried to do the right thing here, but they didn't.

    19. Re:I'm sure this is actionable! by elrous0 · · Score: 1

      When will people understand? Do as Master Steve says and there will be no problems. It's just that simple, people!

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    20. Re:I'm sure this is actionable! by elrous0 · · Score: 1

      You should feel happy that Apple creates software designed to destroy *YOUR* property? Are you forgetting its YOUR phone?

      Quiet! Don't you realize Master Steve is listening? Do you have any idea what he could do to us for speaking such heresy?!?!? We must repent! Don't foresake me, Master Steve! These fools know not what they say! /. still loves you, we have not foresaken you!

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    21. Re:I'm sure this is actionable! by Bartab · · Score: 1

      A warranty is *NOT* the limits of your rights. You have rights beyond the warranty. If you own something, you have the RIGHT to not have it intentionally broken by someone else.

      Who said anything of rights? The claim is that Apple did something illegal. If you want to talk rights, then it's simple. Apple has a right to release software.

      You also have a right to brick any piece of technology you own, and the manufacturer has a right to not help you fix it. It doesn't matter if the item bricks right as you do something unapproved, or later down the road when you do something approved that reacts badly to the previously engaged in unapproved changes.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    22. Re:I'm sure this is actionable! by LKM · · Score: 1

      Installing apps is not what might brick your phone after an update. SIM-unlocking is. And when I SIM-unlocked my iPhone, I fully expected to not be able to install any firmware upgrades anymore.

    23. Re:I'm sure this is actionable! by asdfghjklqwertyuiop · · Score: 1
      You need some remedial reading comprehension classes. I said:

      Which service pack was it that caused windows installations with invalid keys to stop working?

      The page you linked to does not describe any such activity.
    24. Re:I'm sure this is actionable! by LKM · · Score: 1

      I don't see the difference between "You can't install this update" and "Don't install this update because it might harm your hardware."

    25. Re:I'm sure this is actionable! by Rakarra · · Score: 1

      With the former you can still use your computer with XP SP1. With the latter you're far worse off than when you started.

  18. And so... by caitsith01 · · Score: 4, Insightful

    ...we have the unedifying spectacle of Apple fanboys scrambling to justify the exact same types of behaviour they constantly condemn Microsoft for:

    - defective by design hardware featuring crippleware to degrade functionality in the event of uses which differ from the uses the parent company approves

    - intentional attempt to force customers to buy uncompetitive/unattractive services in addition to the thing they want

    - vague and misleading corporate spin which dodges the real issue

    Apple have done some good stuff lately, particularly playing hardball over music licensing on iTunes. But this is not good, and you should have the guts to say so, just as you would if it was Microsoft or some other similar company.

    --
    Read Pynchon.
    1. Re:And so... by cyberworm · · Score: 1

      In all the points you made just now, you neglected to mention one thing in your comparison. Apple told people they'd be doing those things. Microsoft doesn't.

    2. Re:And so... by Anonymous Coward · · Score: 0

      Its no big secret how Microsoft operates.

    3. Re:And so... by sjonke · · Score: 1

      There are some Apple fans who do what you are saying, but mostly what we see is people saying that Apple fans will do what you are saying. I am an Apple fan, but I'm not happy with the approach they are taking with the iPhone and iPod touch. Which isn't to say I wouldn't buy one (in fact I'm getting a touch - I can't afford a $60 per month phone bill, so no iPhone for me). They are still great devices, but the restrictions are irritating and a bit disheartening. Still, they are pretty fantastic devices anyway. I hope that, with time, Apple will open the things up, but for now you do have to decide if the devices, as delivered, are adequate. For me, the touch is still pretty damn nice (and if I could afford $60 per month, I probably would get an iPhone.) Yeah, I'd like the touch to have more capacity, but I'll manage. I'd like it to have the Maps and Mail apps, but I can live without them. If hackers manage to make those apps work on the touch, or provide good substitutes, I'll be hacking them into place (as long as their is a way to revert back to stock if needed.)

      --
      --- What?
    4. Re:And so... by the.Ceph · · Score: 2, Funny

      mac: Hi, I'm a mac.
      pc: And I'm a PC
      mac: Hey PC did you know my software is made by a bunch of dicks?
      pc: So is mine, everyone knows that.
      mac: Yeah but my hardware is made by a bunch of dicks too...
      pc: oh... wait is that a good thing?
      mac: Poor PC, not for you, but with the new iFanboy I can break hundreds of dollars of electronics and they don't even mind.
      pc: That's pretty spiffy, I wish I could do that :-(

    5. Re:And so... by UnanimousCoward · · Score: 1, Insightful

      Okay, I'll bite. I don't consider myself a fanboi (the iPhone is the first Apple product I've bought since the 128K Mac):

      defective by design hardware featuring crippleware to degrade functionality in the event of uses which differ from the uses the parent company approves...

      I am comfortable with what Apple needs to do to maintain its relationship with AT&T wrt the iPhone. Without AT&T (and I'm not saying I like AT&T), there'd be no iPhone.

      intentional attempt to force customers to buy uncompetitive/unattractive services in addition to the thing they want...

      "Force" implies monopoly. Dude, you are not "forced" to do anything here--buy a Blackberry.

      vague and misleading corporate spin which dodges the real issue...

      Really? What part do you think is misleading? Apple has an agreement with AT&T. They are doing what they can (and, btw, are legally entitled to do) to maintain that relationship while the agreement is in place.

      I cannot believe that people who hacked their phones (or support the hack philosophy) to work outside the intent of Apple are up in arms that they've taken matters into their own hands.

      --
      Twelve-and-three-quarter inches. Unyielding. This wand belonged to Bellatrix Lestrange.
    6. Re:And so... by atrizzah · · Score: 1

      If I told you I was gonna kick you in the balls before I did it, would you feel better about it?

    7. Re:And so... by cyberworm · · Score: 2, Funny

      I'd opt not to buy the kick in the balls and instead punch you in the face. ;)

    8. Re:And so... by firedeveloper · · Score: 1

      The real reason that some of the software modifications will not work after an update is that they are built to patch specific locations in memory, and that location will be different after the binaries are changed.

      This is no evil plot, it is just the nature of software.

      If you don't like Cingular/AT&T, don't buy an iPhone.... How hard is that to understand.

      - Happy iPhone owner & AT&T Customer

    9. Re:And so... by Anonymous Coward · · Score: 0

      but what if you want an iPhone but AT&T is not availible?

    10. Re:And so... by Hatta · · Score: 1

      This is no evil plot, it is just the nature of software.

      It's not just the nature of software. Otherwise your pirated XP system would break after applying a service patch. And my Debian system with some hand rolled packages would break after an apt-get. Apple had a choice to make the system modifiable or not. They made the wrong choice.

      --
      Give me Classic Slashdot or give me death!
    11. Re:And so... by Wakkow · · Score: 1

      I am comfortable with what Apple needs to do to maintain its relationship with AT&T wrt the iPhone. Without AT&T (and I'm not saying I like AT&T), there'd be no iPhone.

      Actually, without AT&T there would be no reason to keep it locked. Anyone could use it on any GSM network. Sure, some of the extra features wouldn't work, but obviously a lot of people don't care since so many people are unlocking and switching carriers.

    12. Re:And so... by smenor · · Score: 1

      I am comfortable with what Apple needs to do to maintain its relationship with AT&T wrt the iPhone. Without AT&T (and I'm not saying I like AT&T), there'd be no iPhone.

      I think that's somewhat of an exaggeration.

      I actually have a SIM unlocked iPhone and (other than visual voicemail) everything seems to work fine on T-Mobile.

      Getting it there took some doing, but Apple (or the carrier) could easily have set up the network preferences and proxies just as is done with every other GSM PDA.

      I cannot believe that people who hacked their phones (or support the hack philosophy) to work outside the intent of Apple are up in arms that they've taken matters into their own hands.

      I'm certainly not surprised or up in arms (though I did have a small glimmer of hope that I'd be able to follow the updates and get to use all of the new features).

      When I unlocked my iPhone, I did it knowing what I was getting myself into, and knowing that I was voiding my warranty.

      If AT&T had coverage where I live (or even if I could just have manually switched networks when I'm at home), I wouldn't have bothered.

      So, I'll be a little disappointed that when the update comes out that allows for search, highlighting, copy-and-paste, and resolving all human conflict with a single finger tap, I won't be able to use it, but that's pretty much what I expected, and it's an acceptable loss for me (at least until I move somewhere with acceptable AT&T coverage.... which actually seems to include everyplace around me except for a one square block area that I happen live on the inside border of).

    13. Re:And so... by AngryDill · · Score: 1

      I cannot believe that people who hacked their phones (or support the hack philosophy) to work outside the intent of Apple are up in arms that they've taken matters into their own hands

      I can't believe that people are succumbing to this Bush-era, corporatist, anti-consumer, bullsh*t line of thinking! "The intent of Apple" became immaterial the moment they sold the phone to the customer. If the customer wants to mod their phone, paint it neon orange, glue nails to it, whatever, it should be their right, since it's their property. Period!

      If "bricking" the cellphones is truly an accidental side effect, I can forgive that; but if Apple is, as you state "taking matters into their own hands" and intentionally vandalizing their customers' property, then I hope the law comes down on them... hard!

      Without AT&T (and I'm not saying I like AT&T), there'd be no iPhone
      I use AT&T, and think their service is fairly decent, but what exactly did they bring to the party? And why couldn't any other wireless carrier provide it?

      -a.d.-

      --


      I'm Erwin Schrodinger and I approve of this message, and I do not approve of this message!
    14. Re:And so... by LKM · · Score: 1

      Far be it from me to give Apple business advice, but I personally believe that, had Apple released the iPhone unlocked, world-wide, they would have made a lot more money. Of course, they would not get money from AT&T for the contracts, but what if Apple instead offered some additional for-pay services of its own? Surely it could implement visual voice mail without AT&T usinc call forwarding and its own servers. Optionally pay 5 bucks a month, and you get visual voice mail, and a push mail address.

      It's unfortunate they didn't go that way, because I had to unlock my iPhone so I could use it with Swisscom :-)

    15. Re:And so... by LKM · · Score: 1

      I think you're missing part of the picture. In fact, firmware upgrades so far just reverted the hacks. Unfortunately, the SIM unlock hack (which I've actually applied to my iPhone) does not just change the firmware, it changes part of the software that exists outside of the firmware. Reverting this may actually delete your IMEI, so it's very close to the hardware. I think it's not unlikely that Apple tested the SIM unlock, installed their own new firmware, and figured out that the iPhone didn't work anymore.

      As an owner of a SIM-unlocked iPhone, I do not expect Apple to invest time into fixing this issue. The fact that they told me that I should not install the firmware upgrade is actually more than I expected them to do.

  19. Eula? by TinBromide · · Score: 1

    Perhaps they borrowed a bit of jargon from microsoft along the lines of "You don't own what you just paid 300 bucks for, you just licensed it, its ours to with however we please, you just get to use it in the meantime. Share and Enjoy."

    --
    Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
    1. Re:Eula? by jonesy16 · · Score: 1

      Actually, that's not far from the truth. It's long been known that buying a phone through the provider gets you a discount on the phone at the expense of not being the one who actually owns the phone with full rights, etc. It seems that any phone you buy at a discount becomes an unsupported timebomb as soon as you try and hack it to provide functionality that the carrier doesn't want you to have. I don't see why anyone thinks the iPhone would be any different.

  20. I am waiting for a Neo1973 OpenMoko phone by dominux · · Score: 5, Interesting

    if you want a Linux based, good looking, feature full and open phone then have a look at Open Moko it is probably going to be capable of multitouch (the touchscreen hardware can do it but the software does not take advantage yet) it will come without a contract so I will be getting an O2 sim only contract when they come out next month. OpenMoko in October, OLPC in November, wow, I am going to be skint by Christmas.

    1. Re:I am waiting for a Neo1973 OpenMoko phone by Bartab · · Score: 0, Troll

      That rock is missing wifi, so can not be described as "feature full"

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    2. Re:I am waiting for a Neo1973 OpenMoko phone by dominux · · Score: 3, Insightful

      WiFi support for OpenMoko is in the works. Current Neo1973 GTA01 does not include a wireless LAN chip, but the upcoming Neo1973 GTA02 is going to have one: Atheros AR6K 802.11 b/g. http://wiki.openmoko.org/wiki/WiFi_support_in_OpenMoko

    3. Re:I am waiting for a Neo1973 OpenMoko phone by dominux · · Score: 3, Informative
      in fact, if I may reply to my own post, there is another bit worth quoting from that page where they discuss the reasons why they didn't initially have wifi:

      We can't find a WiFi Chipset with GPL'ed drivers -- We know this has been discussed (to death) on this list, but as we're beginning work on the next summer hardware refresh we still can't seem to find a vendor that meets our strict requirements: Namely, we refuse to put anything binary in the kernel.
      so until they found the Atheros AR6K 802.11 b/g. they were willing to compromise the spec in order not to compromise their principals. I like that.
    4. Re:I am waiting for a Neo1973 OpenMoko phone by msuarezalvarez · · Score: 0, Troll

      Principles. Principles. It is not that hard...

    5. Re:I am waiting for a Neo1973 OpenMoko phone by xgr3gx · · Score: 2

      The openmoko is going to rule. I'm very excited about it. Conventional phone makers should fear it. We already know it's geek friendly, I'm hoping it will be non-geek friendly, and I hope people understand the major significance that the phone is not locked into 1 vendor, and everything uses common open standards. The fact that it uses a plain old USB cable to connect to PC blows my mind. Usually they have some proprietary connection and the end of a USB cable that's different for every phone, and they charge you $80 for it. It'll be sweet:)

      --
      Shameless plug alert: Game server control panel
    6. Re:I am waiting for a Neo1973 OpenMoko phone by MrKaos · · Score: 1

      Isn't the next version getting wifi and a camera?

      --
      My ism, it's full of beliefs.
    7. Re:I am waiting for a Neo1973 OpenMoko phone by j.sanchez1 · · Score: 1

      The OpenMoko platform looks interesting. I have been reading up on it, but I cannot find anything that says if they are planning on a CDMA version or not. Most of the "open" phones I have read anything about are all GSM phones. Do I just give up or is there hope that a fully open Linux-based phone will make it to a CDMA network?

      --
      Speedy thing goes in; speedy thing comes out.
    8. Re:I am waiting for a Neo1973 OpenMoko phone by cos(0) · · Score: 1

      I am very excited about the Neo1973, but as much as I would like to buy it, I won't for a simple reason: it supports only up to 2.5G. No 3G, no EDGE (2.75G). I think in today's age of ubiquitous wireless data FIC made a short-sighted decision, so I'll either wait for the first "open-source" phone with 3G support, or bite the bullet and buy yet another proprietary phone.

    9. Re:I am waiting for a Neo1973 OpenMoko phone by Anonymous Coward · · Score: 0

      The phones are ugly as sin, have a small screen on big body, are a 1.0 product, and don't support either Wifi or 3G. They better be cheap!

    10. Re:I am waiting for a Neo1973 OpenMoko phone by Anonymous Coward · · Score: 0

      Give up, and switch to a GSM network. Only something like 20 countries in the world use CDMA. CDMA providers in the United States all seem to have ridiculously restrictive policies (some don't allow open data access, some don't allow JAVA on their phones (!?), some disable features on their phones like they were shucking corn). If you get a CDMA phone, you won't be able to take it to other networks. You won't be able to take a CDMA phone to other countries, or, if you can, you can't just pop a new card into the phone to change networks and escape exorbitant international roaming fees. The design is anti-consumer.

    11. Re:I am waiting for a Neo1973 OpenMoko phone by jasonwea · · Score: 1

      GTA02 will not have a camera. There are being some ideas thrown around about designing a replacement back cover that includes a camera however. Details are available on the mailing list.

  21. Just RESTORE the phone.... by Anonymous Coward · · Score: 0

    Anyone who altered their software can just do a wipe/restore. That will reinstall all the software. Stop freaking out... no worries.

    1. Re:Just RESTORE the phone.... by zippthorne · · Score: 1

      True, but what are they going to do about their contract with a non-AT&T phone provider? iPhone's kind of useless without a carrier, isn't it?

      --
      Can you be Even More Awesome?!
  22. iPhone Unlocking, Ethical and Practical by bstarrfield · · Score: 5, Interesting

    I'm an Apple fanboy - I've used Macs since 1984, worked for Apple for a couple of years, and have promoted Apple equipment and software where I've been employed. But at this moment, I'm disgusted. There is no need to disable the unlocked iPhone's, and Jobs and crew should damn well accept that some of us actually refuse to use AT&T on principal. Think Different my a**.

    I'm not going to subscribe to AT&T. AT&T, the firm that's trying to eliminate net neutrality. AT&T, the reconstituted (near) monopoly. AT&T the firm that opened their switch boxes to the NSA without hesitation and is now attempting to manipulate legislation to provide immunity from prosecution in that matter.

    On a practical note, Does Mr. Jobs even recognize how expensive his bed partner is overseas? And this matter practically to myself and my family. Apple, as normal, has forgotten that Israel exists. Apple has, as far as I know, has never sold its products directly in Israel. If I want to send an iPhone to my family in Israel, should I have to sign up for AT&T and pay for their pathetic World Traveler plan? The world does exist outside the US and a few European markets.

    Incidentally - my evil unlocked iPhone works perfectly on T-Mobile - without Visual Voice Mail, but gods, I'll live. So what, precisely, is the point of altering the modem firmware, except to break unlocking? Point out examples of the baseband firmware wreaking havoc on the network; explain how this change benefits users.

    The iPhone is the first tablet computer I've seen that inspires the imagination. I want to write programs for it, I want to explore a new user interface. If it runs OS X, treat it like an OS X box and let us get on with writing the programs that will sell the bloody thing. Don't freeze us out while you write such amazing accomplishments as the "Wireless i-Tunes Store" while we're trying to write vertical apps for the medical profession, law, and other fields.

    Job's, former AT&T hacker, has decided to repeat the folly of the early closed Mac, the early closed NeXT, and even at times the Newton. Apple made a terrible choice in its partner, and seems incapable of realizing the potential of the iPhone.

    --
    /* Dang, I can't type that well. */
    1. Re:iPhone Unlocking, Ethical and Practical by cyberworm · · Score: 3, Insightful

      If you don't like AT&T don't get an iPhone. Nobody is forcing you to buy one and you're definately not entitled to own one just because it exists.

    2. Re:iPhone Unlocking, Ethical and Practical by Danathar · · Score: 1

      It's called "contractual obligation".

      The news sites I've read have stated that the contract AT&T and Apple has REQUIRES Apple to make an honest attempt at keeping people on AT&T or AT&T can invalidate their(Apple's) cut of the subscription sales.

      If you don't think AT&T is watching every move Apple is making to nail them for it and take back any percentage of the subscription profits then you are naive.

    3. Re:iPhone Unlocking, Ethical and Practical by Das+Modell · · Score: 1

      Apple made a terrible choice in its partner, and seems incapable of realizing the potential of the iPhone.

      Which is pretty amazing considering that they designed and built the thing. The iPhone could have been much more than just a phone, but of course they had to fuck things up.
    4. Re:iPhone Unlocking, Ethical and Practical by morgan_greywolf · · Score: 1

      Incidentally - my evil unlocked iPhone works perfectly on T-Mobile - without Visual Voice Mail, but gods, I'll live. So what, precisely, is the point of altering the modem firmware, except to break unlocking? Point out examples of the baseband firmware wreaking havoc on the network; explain how this change benefits users. Unlocking the phone with iActivation, et al., doesn't unlock the SIM card. I'm assuming once you have an unlocked phone, you can install a different SIM card? (Asking, because it might change my mind about getting an iPhone)

      The iPhone is the first tablet computer I've seen that inspires the imagination. I want to write programs for it, I want to explore a new user interface. If it runs OS X, treat it like an OS X box and let us get on with writing the programs that will sell the bloody thing. Don't freeze us out while you write such amazing accomplishments as the "Wireless i-Tunes Store" while we're trying to write vertical apps for the medical profession, law, and other fields. I don't see many in the medical profession buying an iPhone for the simple matter that the battery must be factory replaced. Medical workers use the *hell* out of their mobile devices, and so are constantly charging and draining the battery. Most of them buy PDAs/SmartPhones with a second battery and change them out in the middle of the day. The same might be true for lawyers, but I don't know as many lawyers as I do medical workers. ;)
    5. Re:iPhone Unlocking, Ethical and Practical by Anonymous Coward · · Score: 0

      And this matter practically to myself and my family. Apple, as normal, has forgotten that Israel exists.

      As a US company how can they possibly get away with this?

      Apple has, as far as I know, has never sold its products directly in Israel. If I want to send an iPhone to my family in Israel, should I have to sign up for AT&T and pay for their pathetic World Traveler plan?

      You could set AIPAC on them (both Apple and AT&T).

    6. Re:iPhone Unlocking, Ethical and Practical by suv4x4 · · Score: 1

      Apple made a terrible choice in its partner, and seems incapable of realizing the potential of the iPhone.

      He's out to maximize the monetary potential of the iPhone, and not its humanitarian or science advancement purpose.

      And he's doing well, more or less. As you see, people keep buying it and they kiss his feet when he introduces little feats like said iTunes wifi store.

      If he just opens it up, he's no longer the boss of it, he will no longer be able to wow everyone by introducing some sort of crappy iPhone game next MacExpo. And Apple won't be in the media so much.

      If you're honestly concerned about the medical profession, law and so on, how about consider the OpenMoko platform. Yes it's not as polished, it doesn't have the Apple logo on it, the cool factor isn't so high on a mobile Linux device. But it's open, you can do what you crave.

      Now's the time to decide what you want: open mobile platform, or just cool factor mobile phone with wireless music store.

    7. Re:iPhone Unlocking, Ethical and Practical by ceoyoyo · · Score: 1

      Do you think you could wait until they do something bad before being disgusted?

      Come on... everyone who's ever applied a firmware update to ANYTHING knows that it's not exactly a risk free process even when the existing hardware and software is in a known, supported state. To expect a firmware update to be compatible with all of a range of unsupported hacks is unreasonable.

    8. Re:iPhone Unlocking, Ethical and Practical by seanadams.com · · Score: 1

      Nobody is forcing you to buy one and you're definately not entitled to own one just because it exists.

      Who keeps modding up these comments? How are they adding any insight to this discussion?

      Apple isn't making us buy them at gunpoint. OK, so does that mean we can't discuss the weaknesses of the product? Does that mean their business ethics are above reproach? Does that mean the people who did choose to buy one are prohibited from complaining?

      Come on folks. Apple is a broadly held public company with a very interesting new product that will have a major impact on a multi-$B industry. The GP makes a good point that they have made these mistakes before with Newton - will it work better this time around? These are grounds for some good discussion, so let's quit it with the "don't like it don't buy it" posts please.

    9. Re:iPhone Unlocking, Ethical and Practical by RzUpAnmsCwrds · · Score: 2

      If you don't like AT&T don't get an iPhone. Nobody is forcing you to buy one and you're definately not entitled to own one just because it exists.


      No one is forcing you to buy any phone from any carrier. If Apple wants me to sign up with AT&T, they should make me sign a contract to that effect. This cat and mouse game is stupid. EVERY GSM phone has been unlocked. The iPhone is no exception.

      Personally, I'm not willing to put up with Apple's bullshit. I won't buy their iPods (which only sync with iTunes - wait until the next release where they're sure to break Linux support again), and I won't buy the iPhone. Right now I have a T-Mobile Dash / HTC Excalibur (unlockd, running HTC firmware). When the neo1973 comes out, I might switch to that.
  23. 'Break' the phone send it back for a refund by Anonymous Coward · · Score: 0

    Good grief, why would anyone get into this DRM shit. The minute you start letting remote vendors change things according to THEIR interpretation of an agreement, you're automatically saying that you have no valid view of the agreement, only their's is valid!

    In this case people bought it, assumed it was theirs despite Apple saying it must be plugged into ATnT, simply because of local laws covering the sale of goods. Yet if they let Apple directly apply the terms by changing the phone remotely, they've automatically given up any local rights they may think they have.

  24. And so it goes by bytesex · · Score: 2, Interesting

    Apple overreaches with a very expensive experiment, and proceeds to knock itself out of a (or even THE) market. It's Newton-time all over again; the karma of Steve-o.

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
    1. Re:And so it goes by graffix_jones · · Score: 1

      Well, that's true if you disregard the fact that it was John Sculley and Jean-Louis Gassee, and not Steve Jobs, that launched the Newton. IIRC, Steve was the one who killed it during Apple's restructuring.

  25. Undo the hack by Dark_Nova · · Score: 4, Informative

    While the jury's out on whether the bricking is intentional or not, it's clear that something in the update process is incompatible with the changes made by unlocking.

    The solution is to reverse the changes before updating. There is a preliminary guide to doing this at:

    http://www.tuaw.com/2007/09/24/how-to-relock-your-iphone-before-the-firmware-update/

    Of course, this means that your phone is no longer unlocked.

    The other option is to just not upgrade.

  26. Thank god I misread that by Anonymous Coward · · Score: 0

    Still just waking up, I read the headline as something about "Upcoming Firmware Wii Brick". That wouldn't have been very good news four days after soldering that WiiKey on.

  27. Don't tell me no-one saw this coming? by Toreo+asesino · · Score: 2, Insightful

    Anyone who owns an iPod will know the firmware gets updated fairly regularly will fixes and on occasion new features too. To hack your own firmware onto an Apple device is tight-rope-walking at best.

    For goodness sake people, you don't buy Apple products because they're cheap or because you want to save money; nay fellow brethren, you buy because Apple products are the coolest, the best user-tested, and yea, because you are blessed enough to afford luxury. It comes at a price.

    Amen.

    --
    throw new NoSignatureException();
    1. Re:Don't tell me no-one saw this coming? by Anonymous Coward · · Score: 0

      And cool software.
      They need to stop screwing with 3rd party apps too.

    2. Re:Don't tell me no-one saw this coming? by Hatta · · Score: 2, Insightful

      For goodness sake people, you don't buy Apple products because they're cheap or because you want to save money; nay fellow brethren, you buy because Apple products are the coolest, the best user-tested, and yea, because you are blessed enough to afford luxury. It comes at a price.

      That price? Your freedom.

      --
      Give me Classic Slashdot or give me death!
  28. One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 3, Insightful

    If you own something, its yours. You paid for it, you paid taxes on your purchase, you completed the transaction.

    If a company intentionally destroys your property and thus denies you the rightful use of your property, how is that *ANY* different than a DDOS?

    If Apple does this, it should be sued into the ground. I'm not talking just statutory damages, I'm talking "punitive" damages intended to reduce the likelihood they do this crap again. If every iPhone use who gets bricked sues for $1m, it could be interesting.

    I am sick of U.S. companies treating customers like shit. Damn it! Make a good product, sell a million of them, and support your customers. What the hell is so difficult about that formula? It is the basis of real capitalism, not this fascist lock you in and bend you over crap companies are doing today.

    1. Re:One more thing..... cyberterrorism? WTF? by Anonymous Coward · · Score: 0

      This is ridiculous! There are multiple versions of the hack that all do things slightly differently. Do you really expect Apple to take into account each hack whenever they release an update? And why should they? They built a product to do a job. You knew what it entailed when you bought it. You violated the device when it was hacked (and I have read the hacks - they're not trivial) and now you complain when an update potentially causes a problem. Poor babies.

    2. Re:One more thing..... cyberterrorism? WTF? by mother_reincarnated · · Score: 1

      If a company intentionally destroys your property and thus denies you the rightful use of your property, how is that *ANY* different than a DDOS?
      It's not distributed?
    3. Re:One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 1

      How sad it has become that people accept so easily when someone takes their rights away.

      You own the damn phone! Its yours. If Apple intentionally creates something to destroy it, it is criminal. Not only that, if it is found out that they knew they could have protected modified phones that is criminal as well.

      There are consumer protection laws for this type of behavior, and owner of the iPhone should make use of them.

    4. Re:One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 1

      If a company intentionally destroys your property and thus denies you the rightful use of your property, how is that *ANY* different than a DDOS?

      It's not distributed?


      Well, if I said "DOS" it would have meant something entirely different.

    5. Re:One more thing..... cyberterrorism? WTF? by dctoastman · · Score: 1

      Yes it is your phone and Apple doesn't owe you anything more than what you paid for. These firmware updates are a free service provided by Apple. Apple has no obligation to support third-party modified phones if they don't want to.

      I don't see the problem here.

    6. Re:One more thing..... cyberterrorism? WTF? by IANAAC · · Score: 1

      I am sick of U.S. companies treating customers like shit. Damn it! Make a good product, sell a million of them, and support your customers. What the hell is so difficult about that formula? It is the basis of real capitalism, not this fascist lock you in and bend you over crap companies are doing today.

      As has been mentioned several times here and elsewhere: You are not forced to buy the iphone. If you're going to spout capitalist/fascist rhetoric, put your money where your mouth is and buy something else, instead of buying the "ooh, shiny, pretty" that the slick marketing tells you to.

    7. Re:One more thing..... cyberterrorism? WTF? by el_munkie · · Score: 1



      If a company intentionally destroys your property and thus denies you the rightful use of your property, how is that *ANY* different than a DDOS?


      Well, you would be destroying it by applying an update to hardware that has been modified and is, as a result, incompatible with that update. The phone is your property, and you can modify it as you see fit. However, if you make those modifications, you have to deal with the fact that updates and such won't necessarily work as intended. If you don't like it, don't update your iPhone.

      Just be glad Apple gave a warning.

    8. Re:One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 1

      Yes it is your phone and Apple doesn't owe you anything more than what you paid for. These firmware updates are a free service provided by Apple. Apple has no obligation to support third-party modified phones if they don't want to.

      You are the perfect consumer, you know absolutely nothing about your rights and argue that it is OK when a manufacturer tries to screw you over.

      There are consumer protection laws in the U.S.A. on the federal, state, and local levels. We have these laws to protect citizens. Apple does not have the right to destroy your property intentionally or otherwise. If they do it intentionally, it is a criminal action. If they knew or should have known their actions will destroy your property that is negligence.

      We know that Apple knows that there are people using modified iPhones, we also know that Apple knows that this update will destroy those phones. If they take actions to (1) destroy those phones, that's criminal. If they (2) fail to protect those people who have modified phones that's negligence. If they (3) take steps to make those phones unusable, regardless of the warranty, they are responsible and must replace them or refund your money.

      Think of it this way, if you but a Mustang from Ford and modify the engine. You void your manufacturer's drive train warranty, this is true. If, however, you take your Mustang to the dealer for service, and their actions (negligence or deliberate) destroy your motor, then Ford, by relationship to it's dealer, and the dealer is responsible.

      It has *nothing* to do with the warranty. The warranty does not define your rights. That *is* the law.

    9. Re:One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 1

      Well, you would be destroying it by applying an update to hardware that has been modified and is, as a result, incompatible with that update.

      It is arguable, and probably winnable, that you assume Apple's updates are safe.

      If Apple destroys your property, through deliberate action or negligence, i.e. producing an update that bricks your phone, they are legally responsible.

      The fact that it is widely published that there are iPhones out there that are modified, and Apple as acknowledged this, Apple *must* exercise ordinary care to protect these phones. That's the law.

    10. Re:One more thing..... cyberterrorism? WTF? by Anonymous Coward · · Score: 0
      You analogy is SOOOOO far off. You are blinded by your perception that you are being wronged by Apple.

      YOU DO NOT HAVE TO APPLY THE UPDATE. It is NOT Apple's job to make sure their fixes and improvements are compatible with modifications that are out-of-bounds of the tools you are given to modify the device.

      HOW THE FUCK, IN GODS NAME, COULD THEY POSSIBLY KNOW WHAT THE FUCK YOU DID IF YOU MODIFIED THE PHONE?!?!?!?

      If they make a MAJOR change to a binary and it could effect something NOT made by Apple, it could create a problem. They are TELLING you this. If you are worried. DO NOT UPGRADE YOUR PHONE.

    11. Re:One more thing..... cyberterrorism? WTF? by el_munkie · · Score: 1

      Bullshit. Apple releases updates for iPhones. An unlocked iPhone is no longer an iPhone, it is an unlocked iPhone. Applying an update for one piece of hardware to another can and will fuck it up. Since one would have to be at least somewhat in the know, technically, to even know what unlocking is, and even more informed to actually unlock it, Apple can assume that owners of unlocked phones would know that this is a possibility.

      Once you mod your hardware, you are essentially trading your warranty for a superior experience. If you don't like it, don't run the fucking update.

    12. Re:One more thing..... cyberterrorism? WTF? by mlwmohawk · · Score: 1

      Bullshit

      Sorry, but in a debate, a curse word usually means you are wrong but refuse to admit it.

      Apple releases updates for iPhones. An unlocked iPhone is no longer an iPhone, it is an unlocked iPhone.

      There is no legal or logical basis for this statement.

      Applying an update for one piece of hardware to another can and will fuck it up. Since one would have to be at least somewhat in the know, technically, to even know what unlocking is, and even more informed to actually unlock it, Apple can assume that owners of unlocked phones would know that this is a possibility.

      Conjecture with no supporting argument.

      Once you mod your hardware, you are essentially trading your warranty for a superior experience.

      A warranty does not define your rights, federal, state, and local statutes do. Warranties only disclaim, where not otherwise granted by statute, the responsibilities of the manufacturer.

    13. Re:One more thing..... cyberterrorism? WTF? by dctoastman · · Score: 1

      Where did I mention warranty?

      Additionally, if you buy third party add-ons for your car that ruins your engine, then Ford isn't liable for the damage done by it. Even if that means a routine oil change will cause the car to fall apart.

      I don't see where Apple has to ensure that their firmware update won't brick a modified iPhone. They don't approve of it, they don't endorse it, and they won't make concessions for it. They will make their firmware updates to work on stock iPhones and only guarantee that.

    14. Re:One more thing..... cyberterrorism? WTF? by Anonymous Coward · · Score: 0

      Does the update break the iPhone as it was sold to you? No.

      That is all that consumer protection agencies will be able to do for you. Period.

      Hate to use the car analogy, but it's very much a similar argument to using biofuel in a diesel engine. Sure, it will probably work, but the car manufacturer is not required to repair under warranty it if you put something in the tank that it was not specifically designed to use. Does it make the car maker "evil" because they won't fix it under warranty if you do something that broke it?

      You can argue the point all day that they are releasing an update that may or may not break the iPhone that has been modified, but their responsibility to support each and every modification that is out there exists only in the minds of the groups that want to modify the thing in the first place. Are they legally required to fix it if you did something that broke it? If that's the case, then why stop there? Can I hit it with a hammer and then ask them to fix it? It's the same thing, right? I'm asking them to take responsibility for my actions? Where does it stop?

      It's already been mentioned that anything with firmware can be bricked easily enough, even when it's running the default code. So why would you expect the new firmware/software update to run on modified code and not break something? That's awfully naive.

      It is sold to work with a specific service, in a specific way. Can it be modified? Sure, but they are not obligated to support anything but the device working with the service specifically.

    15. Re:One more thing..... cyberterrorism? WTF? by tfoss · · Score: 1
      Hm, you're modded as 'Funny' right now. I don't think you were trying to be funny, or else your subtle humor (or trolling) eludes my crass American sense of humor.

      If a company intentionally destroys your property and thus denies you the rightful use of your property, how is that *ANY* different than a DDOS? 1. You don't *have* to upgrade the firmware.
      2. You have to be rather cynical to think that apple is going out of their way to brick you phone. Updating a firmware that has been modified leads to unknown and potentially damaging situations...that's just simple reasoning.

      I am sick of U.S. companies treating customers like shit. Damn it! Make a good product, sell a million of them, and support your customers. What the hell is so difficult about that formula? Right, so I think a fair number of people consider the iPhone a good product. Apple sold a million of them. They are now pushing out a firmware upgrade that adds at least the iTunes WiFi Store, likely a double-tap home button shortcut, video out capabilities, and presumably stability enhancements and bug fixes. How is that a *bad* way to support customers? I think you forget to add "guarantee that no matter what I do to my phone, release all-knowing firmware update that will deal with an infinite number of possible basecases" to your formula.

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    16. Re:One more thing..... cyberterrorism? WTF? by Anonymous Coward · · Score: 0

      Well, a DDOS doesn't involve you voluntarily installing a product update they told you might conflict with something you did that they also told you would violate the warranty and be unsupported. A DDOS is, in fact, utterly unlike this in every way.

      You have no "right" to use an iPhone, in the US at least, with any random, arbitrary provider.

      The problem with your "statutory damages" and "punitive damages" claims is that you haven't (I wonder why?) mentioned the "statute" that Apple's actions supposedly violate.

      This is because there's no "I can do whatever I want with my phone and Apple has to make sure all its firmware updates always work with my changes" law.

      Whining about fascism won't make you right, either.

      Apple isn't using the power of the State to force you to do or not do any God-damn thing. They said their phone only worked with AT+T in the US, and that modifying the firmware voided the warranty. They did this up-front and in writing, and everyone that buys an iPhone has a chance to not agree to use AT+T, and another chance to just return the phone for a refund, and another set of chances to never install a software update they don't want.

      Where's the fascism? Don't want to maybe brick your hacked iPhone, which nobody could ever guarantee would be stable or remain working indefinitely?

      Don't install the update. Problem solved.

      That you dislike Apple's marketing decisions does not make them Fascists.

  29. Apple release more details by Slashcrap · · Score: 4, Funny

    Apparently the phone won't be disabled immediately. It will first make a call to the nearest AT&T NSA approved logging center, where the phone number will be recorded and your address details passed on to Apple.

    Then the phone will disable itself.

    Shortly after, you will meet with a mysterious accident.

    Apple users that we interviewed were of the opinion that while this was a good first step, it didn't really go quite far enough. "Ideally I'd like to see the offender's family murdered in the streets as well. It's really the only way to teach the proper respect for Apple's products and business strategy.", said one person who was soon copied by all the others in an attempt to show their individuality.

    An Apple spokesman who we contacted offered the following statement, "LOL, Windows, LOL!".

    1. Re:Apple release more details by AbRASiON · · Score: 1

      I don't think a post like this is doing itself justice without a link to iproduct.gif
      http://forever.broked.net/~jason/images/index.php?image=iProduct.gif&d=d.html

    2. Re:Apple release more details by Anonymous Coward · · Score: 0

      That accident isn't so mysterious...the apple user simply fails to multi task. Driving a car while operating a touch screen phone that no longer works, while drinking a cafe moca from the local Starbucks is simply too much for the mind of an Apple user.

  30. NeXT!!!!!!!! by Vinegar+Joe · · Score: 0, Offtopic


    "Hey Steve, I believed from way way back
    'Cause I felt that you were on the right track
    Well, I laughed and I cried when I heard you speak
    And I put down ten big bills that week
    Hey Steve! (Hey Steve!)
    I believed! (I believed!)
    And I did what it took to buy into the dream!

    Now, I'm hearing some stuff about optical drives
    And I'm starting to feel some real bad vibes
    'Cause I put down twenty-five hundred bucks
    And I'm starting to feel like I'm sure f***ed
    Hey Steve! (Hey Steve!)
    Oh Please! (Oh Please!)
    Hey Stephen, don't you be thievin' my optical drive!"

    From "Vision in Black" by Nathan J. & the NeXTsteps

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  31. Bricked iPhone still useful... by walt-sjc · · Score: 2, Funny

    Or do you mean because it renders unlocked phones useless?

    Even bricked iPhones have a use... You can always blend it.

  32. New plan by nysv · · Score: 1

    Now all we need is a trojan or worm which will unlock any iphone connected to the system.
    Apple couldn't possibly deny replacing bricked phones when they have thousands of innocent people screaming at them.
    Hurray for plausible deniability!

  33. why try ? by richlv · · Score: 2, Insightful

    right. so why do so many people try to hack the device desperately ? if the vendor does not want your money, your contributions - go to another.

    like, already mentioned fic neo with openmoko/qtopia.

    instead, painful attempts to hack or use the device that the manufacturer has quite clearly noted it does not want to be hacked (or even used, in some cases :) )

    --
    Rich
  34. Yet Another Arms Race....DRM, Satelite TV, DVD.... by teambpsi · · Score: 1

    This is just another arms race in the making. We've seen this with the Cable Boxes, then Satelite TV, DVD, XBOX's

    The more complex the systems get, the more opportunities to circumvent.

    After all, the Death Star was brought down by a snot-nosed-wombat-shooting-hick from the backwaters of the galaxy :)

    All it takes is motivation and a lot of free time....

    --

    Old age and treachery almost always overcome youth and skill.
  35. just bill.. by leuk_he · · Score: 1

    More likely they fix it. Tell you that you voided your warrenty, and then bill you for the repair.

  36. DMCA Loophole by Nymz · · Score: 1

    This 'cat and mouse game' is a result of a legal loophole in the DMCA, one that prevents consumers from being locked-in to a single phone service. We need more leaders to step forward, and foil these hackers from cracking our iPhones.

    1) Threaten to void warranties
    2) Force frequent updates and patches
    3) Send DMCA notices to stop sharing of unlocking software
    4) Moderate down anyone slandering our Great Leader
    5) Moderate down any Grammar-Nazi that tells us it's libel, not slander
    6) Profit!!!

  37. Yes, It Sucks by whisper_jeff · · Score: 1

    While it sucks for users who have unlocked their phones, I am forced to wonder if Apple is backed into a corner because of their contract with AT&T. Are they required, by the terms of their contract, to react in just this way or face stiff penalties? I suspect they are. My prediction is that the next update will screw unlocked phones but the various teams out there will find a way to break the fix in short order, allowing users of unlocked phones to again get back to enjoying their phone, with the latest update installed. And I suspect that's exactly what Apple wants and expects though they are forced to act otherwise because of the terms of their deal with AT&T. Yeah, I might just be touting the Apple fanboy party line, but I suspect the pressure to fix things is not coming from Apple in this case.

    1. Re:Yes, It Sucks by faloi · · Score: 1

      Are they required, by the terms of their contract, to react in just this way or face stiff penalties?

      I'm willing to bet that Apple had almost complete authority over their cellular contract. They had a product that they were sure would sell extremely well, and could cherry-pick the company that they wanted to allow to sell it. From Apple's perspective, it was alway win-win...they just found the company that would give them the biggest cut of the recurring fees. This is the company that cut off Linux user on the iPod after all.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
  38. thank you fanbois! by Anonymous Coward · · Score: 0

    keep on praising good old steve there as he locks you in both on the hardware and software end of things.

    apple as an alternative to microsoft? are you kidding?

    but they are coming and we still don't hear the howls we'd hear from the slashdot lemmings if this were done by bill gates.

    so thanks to the fanbois for proving me right yet again. you guys suck, but you still got my back. how sweet it is.

  39. Thank gods... by Upaut · · Score: 3, Informative

    A bricked iPhone can be returned for a full switch...
    I have a small scratch on my iPhone driving me insane, which is not enough to warrent an exchange.

    I will have to explain to my family that they should *not* update the firmware if they want to keep using t-moble, at least until someone else figures out how to unlock the phone. Or I will simply install my backup copy of the current firmware, no harm done and all.

    I mean, being able to play a few games while in airplane mode, having free personal ringtones ripped from our own media, using t-mobile, an ebay tracker, an application that uses cellphone triangulation to calculate your location on the map, an AIM client, a digital recorder for lectures and meetings, a quickbooks app, an ebook reader, and a NES emulator; are all worth more to us then having an itunes store on the phone that lets us know what songs are playing in our local starbucks... I mean with the tmobile 'total internet' package (for $19.95 a month), I can use the tmobile hotspot in my local starbucks, for speeds faster then EDGE.... A greater convinence in my mind.

    --
    3 degrees of separation from Vladimir Putin
  40. Re:Not exactly sure how 'we' got to israel.... by Anonymous Coward · · Score: 0, Offtopic

    Oh for God's sake... can't you give the Israel bashing a rest?

    The original poster tossed into the middle of a rant how 'Israel is not being taken care of'.

    The reply points out how Israel seems to be taken care of. Taken care of far better than any one corporation can.

    So if the 1st poster had not tossed in his 'Oh poor Israel', there would be no un-attibuted reply showing how Israel seems to be doing just fine WRT support.

    Now, if the quote from Rice is fake, yea its bashing. If the quote is true, what bee is in your undies to make you think posting is 'bashing'?

    you may want to consider that my point remains valid: if Apple bricks the iPhone to prevent unlocking than people in many countries will never have the chance to use it - which is simple stupidity.

    How about this: You spend some time in a "hip-to-be-liberal" school and learn to write concise text that leads the reader to your question rather than putting "all-purpose-activist crap" into your text which leads to people talking about things other than your 'point'?

  41. quote by Darth+Maul · · Score: 3, Insightful

    This quote from Airplane! seems appropriate:
    "Shanna, they bought their tickets, they knew what they were getting into. I say, let 'em crash."

    Honestly, they are not using the iPhone as intended and they full well knew it. To make Apple take into account third-party hackery is just silly. I'm not saying I like the idea of a locked-down iPhone in the first place, but that is not the argument here.

    --
    --- witty signature
    1. Re:quote by Dusty00 · · Score: 1

      The issue isn't weather or not they have to take third party hacks into account. If something they happened to change broke the hack Apple didn't really do anything wrong. The issue is that it's quite likely that Jobs sent an e-mail to the devs saying "they're f**king with us, break their phone".

    2. Re:quote by graffix_jones · · Score: 4, Insightful

      How trivial is it to perform a firmware checksum prior to attempting the update (via the updater)? If the checksum fails, the firmware updater can do one of two things: it can offer to reset the firmware to factory defaults (i.e. a 'complete' restore), or it can simply show a splash screen refusing the update until the iPhone is restored to factory defaults.

      This crap of bricking the iPhone is pure nonsense, when it's easy enough to avoid without completely pissing off the customer.

      Remember the old adage: "Whether you CAN do something is irrelevant, it's whether or not you SHOULD do it." (I know I mangled that, so please don't nail me on correctness).
      Words of wisdom, those are (to paraphrase Yoda).

  42. The PSP... by Smerity · · Score: 1

    The PSP went (and still is going) through many of the same throes as the iPhone. I used to do some homebrew in the PSP scene as it was a great device, capable of so much, but the back and forth near war between Sony and homebrew developers, the annoyances of having to code around specific versions of the firmware, every little annoyance, it eventually just broke my will.
    When Apple said they didn't mind the unlocked versions, I thought great, at least they're not going to purposely break compatibility like Sony did - there would at least have been hope for homebrew to develop then.

    Not anymore...
    I'm sorry, standard users can't deal with multiple firmware versions, multiple unlocks, and even the experienced users grow tired of it rapidly. Whilst the iPhone has more penetration and arguably more dedicated users than the PSP, this fact still does not change. If Apple want to, they will break the iPhone's compatibility, and it will eventually stay broken. The one advantage in the PSP community is you don't explicity need the latest firmwares for a fully functional PSP, but with the iPhone I fear that some of the firmware upgrades may become necessary to retain a fully operational phone. The PSP homebrew community did some amazing exploits to get homebrew access (the TIFF buffer overrun exploit for example), and for that I respect them all, but it will eventually all fall apart regardless.

    We can all hope Apple come to their senses, but I fear it's unlikely...

    1. Re:The PSP... by entmike · · Score: 1

      If I recall, Sony has stated a few times recently that they are looking at embracing homebrew (in one form or another). (fingers crossed)

      Another thing Sony and Apple have to make a best-effort to do is protect the consumer from screwing up the iPhone/PSP unknowingly. The TIFF buffer-overrun is a good example. There was a certain TIFF that would brick your PSP if you used it. I'm sure they don't want to have to deal with holes like that with their standard firmware, as they have to protect their assests at some level.

      I've personally got a hacked PSP firmware, and am waiting for the iPod touch to be jailbroken, but I do understand that companies are companies to make money.

    2. Re:The PSP... by ksheff · · Score: 1

      Standard users aren't going to be dealing with multiple firmware versions, unlocks, or other hacks. They are going to be using the designated cell network provider in their country and won't pay much attention to an update unless Apple really screws up a software release.

      --
      the good ground has been paved over by suicidal maniacs
  43. A new trend by Anonymous Coward · · Score: 0

    Yes madam, this real estate includes house, garage and swimming pool. Yes, all made up of original premium quality Cupertino Bricks. Just don't let your geeky nephew play with them or the entire property could start ringing.

  44. It really makes me wonder by UberHoser · · Score: 1

    What Apple is thinking of?

    Is it just me or are they behaving more and more like Microsoft?

    I remember the Apple adds "Think Different", which made me buy my mac and dump the pc.

    But now, with all of their recent actions (iTunes, iPhone, Leopard), it seems to me that they somehow replaced Jobs with a Gates animatronic. /. needs to create a borg Jobs gif for Apple news stories.

    --
    Guns are for wimps... Use a crossbow.. this way you can pin them to their chair when you go postal.
  45. Is it even Possible? by Anonymous Coward · · Score: 0

    If you hacked the SIM then you'd be on a different network right? How are they going to push an update to you on another network?

    1. Re:Is it even Possible? by petermgreen · · Score: 1

      If you hacked the SIM then you'd be on a different network right? How are they going to push an update to you on another network?
      not nessacerally, you might have hacked it to use abroad without paying roaming costs and yet stuck with AT&T at home.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    2. Re:Is it even Possible? by MachineShedFred · · Score: 1

      The update doesn't come over the cellular network - it comes through iTunes, and you push a button to actually make it happen. This does three things:

      1. releases Apple from any complaints of "OMG they updated my shit without me knowing" because you pushed the button.
      2. Customer assurance that your phone is always up-to-date. It checks weekly for updates, and has a display within iTunes telling you the last time it checked, the next time it will check, version information, etc.
      3. Gives Apple an update path that is network independent, for either future multi-network support in North America, or worldwide support on disparate networks.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  46. Its sad, not insanely great by Stu101 · · Score: 1

    I have always been a "fringe" supporter of mac. Ie the early years when they created a computer in a workshop on a breadboard, and hacked their own os. It was all about power to the people. No one gave a flying toss about "IP" or the licence under which the code was released. It was just cool. They WANTED to empower people, and have fun along the way. Compare this to what Jobs and co do now. They are motivated by greed, money, and secret contracts. They are becoming more "mainstream" every day in the way in which they really really dont give a toss about the old hacker ethic under which they were founded. Shesh and I was gonna buy a Macbook!

    --
    http://www.writeitfor.us - Writing IT for the IT generation.
  47. Apple, welcome to the PC-user world by Anonymous Coward · · Score: 0

    Sucks doesn't it? Looks like they're just figuring out that windows users might not be the true bane to Apple's existence -- those *nix users are f'ing crazy! Changing settings? Adding features? Undocumented functionality? Those ungrateful mother****ers....

    Apple: Hey, look -- we made a phone!
    Mac fan: Thank you Steve Jobs! I love you!
    *nix fan: I can has unlock! w00t!! all your competitive advantage are belong to us!
    Apple: Not so fast there *nix fan....

  48. What did they expect? by AccUser · · Score: 1

    For fear of sounding like an Apple FanBoy, aren't Apple really safety netting here? They are saying that the update is likely to render unlocked iPhones useless, but are they guaranteeing it? It might be a moot point, but if Apple are providing updates to the iPhone, fixing bugs and adding features, then it might be the case that the state of an unlocked phone will be affected. To be honest, if I owned an iPhone and I had unlocked it, I wouldn't expect Apple to support me. Responsibility comes with freedom. I am free to choose to unlock my iPhone, but then I am responsible for it.

    OK, I sound like and Apple FanBoy...

    --

    Any fool can talk, but it takes a wise man to listen.

  49. Eh, Steve! by Rob+T+Firefly · · Score: 1

    I can totally understand Apple's desire to punish those who attempt to work around artificially imposed limitations in their communications hardware. After all, it's not like the company even owes its existence to a couple of guys who made and sold toll fraud devices for a living... oh, wait.

  50. Moral Frameworks by Morosoph · · Score: 2, Insightful
    There are times when the lesser of two evils applies. A utilitarian framework would make this explicit, but there are times when rather than numerical comparison of numbers who are "happy" or whatever, a higher principle comes into play.

    As an example, the iPhone could be unlocked abroad (where there is no AT&T) so that the owner can reach their insurer for payment for an essential operation.

    I agree that this isn't a matter of who the other party is, but there are all sorts of times when one has cause to distrust someone, and it is reasonable to treat them differently from someone who you do trust. Do you go out of your way to help someone who has cried "wolf" too many times, when there are others who haven't?

    The DMCA was recently deliberately ammended to allow phones to be cracked for the purpose of running on other networks; Apple is already running against the spirit of the law, and possibly also the letter. Cracking the phone is moral, for Apple know the laws that apply, and their intent, when they are selling the iPhone; they have no excuse to complain.

    Those who have cracked their phones, or had them cracked, did so in the rational expectation that doing so would be legal, and indeed allowed. Apple's behaviour is shady, even if it is not illegal.

    1. Re:Moral Frameworks by Kymri · · Score: 1

      I freely admit that there might well be *justification* for taking an action that would otherwise be possibly considered immoral (see: stealing Windows after buying a new computer). The justification may be only in your own mind, or held as valid by many others, but the root action (theft or piracy in this hypothetical) is either moral or immoral. If it's immoral but you do it anyway because you've justified it (at least to yourself), that's the sort of situation you're talking about.

      Now, don't take this to mean I think that people should end up with their iPhones bricked because they didn't want to (or in some cases literally could not) use AT&T's network and so chose to unlock and use another. I'm just saying that if you are stealing (as an example), it is either always moral or always immoral, regardless of the victim. Justification is a whole different ball of wax.

      On the other hand, I believe it is far more likely that the warning from Apple stems from the fact that Apple probably has not (and should not reasonably be expected to) run QA tests on their new firmware against whatever various hacks and cracks people may have applied.

      Do you think Subaru or Toyota is going to honor a warranty if you use third-party device to reprogram your ECU and it bricks? Do you think they SHOULD?

      (The issue of locking phones being moral or immoral is a whole different kettle of fish, naturally - but that's just The Way Things Are Here [tm].)

      --
      Evolution ceases when stupidity can no longer be fatal.
    2. Re:Moral Frameworks by Captain+Sarcastic · · Score: 1

      There are times when the lesser of two evils applies. A utilitarian framework would make this explicit, but there are times when rather than numerical comparison of numbers who are "happy" or whatever, a higher principle comes into play.


      Heavens to Betsy, I thought I was one of the few who recognized the term "utilitarian" in a discussion of ethics!

      I think you raised an interesting point. I think that Apple can claim that they're not breaking the DMCA, but it's not going to play well to a jury.

      However, before it goes to a jury, someone's iPhone is going to have to get bricked first.

      Meanwhile, I'm sure as anything not going to be getting an iPhone anytime soon....

      Perhaps we're jumping the gun here.
      --
      Strike while the irony is hot! -- The Freethinker
  51. So what Apple has said ... by Lars+T. · · Score: 3, Insightful

    is that they won't check future software updates to the iPhone to work with each and every unlocking hack somebody came up with.

    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    1. Re:So what Apple has said ... by acvh · · Score: 1

      Thank you. A voice of sanity appears out of the chaos that is Slashdot.

      I, too, read this as simply a warning from Apple that the update MAY cause an unlocked phone to cease operating. If anything, they just did a favor to everyone who has unlocked their phone; they told them to avoid the update.

  52. Re:Not exactly sure how 'we' got to israel.... by bstarrfield · · Score: 0, Offtopic

    The subject is the iPhone - the point I'm making should be damn clear: there are many, many countries which Apple will not arrange partnership agreements with cell distributors, and that means that to use the iPhone we have to unlock it. Hard to comprehend? It's not "oh, poor Israel", it's "oh, poor rest of the world!"

    On the subject of US government policy and Israel: How does that relate to the iPhone, how does that relate to Apple? It is an unattributed quote, a very common feature of the Israel bashing we see on Digg, DailyKos, and Reddit on a daily basis. Do you have the slightest idea how the Israeli currency system works (hint: it's a basket currency, look it up). The quote makes no sense, and I actually studied monetary economics for years - have you?

    --
    /* Dang, I can't type that well. */
  53. iScrewed by Anonymous Coward · · Score: 0

    "Is that even legal?"

    don't you mean: "apple's iBrick is vastly superior to regular beige bricks. they are premium building materials built by artists for artists by an exceptional company that innovates in every single way. i mean who would have thought about selling people phones that you could then use to build things with? apple. think different."

  54. Morality? by tkrotchko · · Score: 1

    You can make a case from Apple's standpoint why they want to discourage you from changing it, but you certainly can couch this as a morality play.

    I think Apple is being a jerk on this one, but I realize some people view Apple differently.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Morality? by tkrotchko · · Score: 1

      Doh! I mean CAN'T. This is not a question of morality.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
  55. "The customer is always right" by afc_wimbledon · · Score: 1

    Factually you are right, but what's more important in the long run, what the manufacturer can get away with in the small print, or getting what (at least part of) the market clearly wants? Too many companies seem to have forgotten just who it is that pays for their products these days...

    1. Re:"The customer is always right" by Cro+Magnon · · Score: 2, Insightful

      The obvious solution is, don't buy the damn things. Why should Apple treat its customers right when it can treat them wrong and they STILL buy their overhyped phones?

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    2. Re:"The customer is always right" by trongey · · Score: 1

      No, the problem is that too many companies have realized who pays for their products. A lot of companies have completely abandoned the repeat customer market. They've discovered that they can do quite well just selling to the thousands of new, and oblivious, consumers that become available every day. Customer loyalty is just too hard and expensive to maintain.

      --
      You never really know how close to the edge you can go until you fall off.
  56. Bricking or just fair warning to hackers? by bigdaddyhame · · Score: 1

    I think it was good of Apple to let people know this is coming. Firstly it protects their customers from losing functionality and secondly it lets the hackers know the update is coming so they can take account of it and design a workaround asap so people with unlocked phones can do the firmware update safely. It's not as if people are being forced to do the update NOW NOW NOW ... they can simply wait a bit (like a week tops) for the hack to be updated.

    --
    ---- You are fully entitled to my opinion.
  57. Is that even downloadable? by Anonymous Coward · · Score: 0

    "Poor Apple - people are buying things from them and then using them in ways that Apple hadn't intended! That's so totally unfair to Apple I can't believe it!"

    It more than that and you know it.

    "I mean god forbid that someone would buy something and then not expect the vendor to have complete and utter control over it! What is this world coming to?!?!"

    Then they shouldn't have a problem with them being bricked? You want to "do whatever you want" then whatever you want involves consequences. In this case some want to enjoy Apples hard work on firmware, but don't want to play by the rules. Fine, enjoy your bricked phone. Or start supporting yourself independent of Apple. I'm certain this audience has no problem writing their own firmware and supporting the "Stickin it to the man" crowd.

  58. Statutory rights don't even come into it by Don_dumb · · Score: 1

    I thought it was illegal to lock phones to one provider in the UK(EU?)? Apple should be forced to remove the locks, I don't care if they made a deal or not, they shouldn't be allowed to do anything that anyone else isn't

    I am right about the law, aren't I.

    --
    If this were really happening, what would you think?
    1. Re:Statutory rights don't even come into it by seymansey · · Score: 1

      No, here in the UK locked phones is still very much a done thing, with small businesses making money from unlocking them. However, this is because the phones are subsidised in price, so you either get it for free or pittance.

      Normally, if you buy a phone costing what apple are charging for the iphone (£269) as part of the contract, you get get an unlocked phone with no plan.

  59. Fixed your typo by mattr · · Score: 1

    -Users can instead pray to the hacking deities
    +Users can instead pay to the hacking deities

    There you go! That should do it.

  60. T-shirt by Anonymous Coward · · Score: 0

    When the iPhone came out I was about to make a t-shirt showing a photo of my cheap Nokia and the caption "iSaved $599", but I stopped after looking at my belly in the mirror. Now looks like it's time to seriously lose some weight!

  61. Am I the only one who actually isn't bothered... by scubamage · · Score: 1

    Ok, I'm about as left wing as they come. I aspire to join the weathermen. And I really don't see anything wrong with this. First off, apple hasn't pressed charges, or even tried to force the issue about the DMCA exceptions to unlocking their phone. You make the choice to unlock it, and if you do, you're taking the risk. I mean, if I put a modified firmware on my bios/cdrom/harddrive and it bricks, I can't bitch about it, its my fault. There's a thing called personal responsibility, and you assume it when you modify any hardware you have. At least apple has the decency to look out for its customers who have unlocked their phones, as opposed to just releasing the update. They're not being draconian, they simply can't assure their customers that the update won't brick their phones because they can't account for every hack out there. Its a CYA thing. None of this bothers me that much, I went through similar songs and dances with my PSP, though not quite so bad. Besides, the homebrew and hardware hacking minds out there will have a modified updater, or updated unlocker within a week or two after the release anyways. So chicken littles of the iphone world, fear not.

  62. Sort of. by Midnight+Ryder · · Score: 5, Informative

    They didn't brick XBox 360's that were modded, but, they did ban 'em from XBox Live. While not the same as bricking it, it definitely rendered it less valuable to people who were playing online games or enjoyed downloading games, videos, etc. from XBox Live.

    --

    Davis Ray Sickmon, Jr - looking for something to read? Check out my three free novels at MidnightRyder.org

    1. Re:Sort of. by grumbel · · Score: 0

      To be fair here, XBox360 modding is for running pirated games, not for running homebrew software, since there doesn't exist any.

    2. Re:Sort of. by jandrese · · Score: 5, Insightful

      Honestly, I think Microsoft is in the right here. Someone playing with a modded XBox on XBL could wreck the experience for the other people using the system. They're protecting their other customers from jerks who just want to cheat or worse. I have no doubt that the console game writers have holes in their network code that could be exploited remotely if someone was on there with a modded client, and since the 360 has persistent storage there is danger for permanent harm to other people's systems.

      Apple however is just protecting AT&T's revenue stream with their bricking, which goes against the Slashdot mantra of "Your failed business plan is not my problem".

      --

      I read the internet for the articles.
    3. Re:Sort of. by Iberian · · Score: 1

      This has more to do with stopping cheaters than it does with MS just hates people who mod Xboxes.

    4. Re:Sort of. by I'm+Don+Giovanni · · Score: 1

      MS has a legit reason to try to ban modded Xboxes from XBox Live becasue modded Xboxes can be used for cheating which ruins the XBox Live experience for everyone else.

      As for this iPhone issue, I couldn't care less. iPhone owners are a bunch of rich spoiled brats that got these phones as status symbols. If they got pwned, that's great!

      --
      -- "I never gave these stories much credence." - HAL 9000
    5. Re:Sort of. by Merk · · Score: 1

      http://www.xboxmediacenter.com/ Oh wait, they don't have it for 360 yet? Ok, give them some time.

    6. Re:Sort of. by lubricated · · Score: 1

      that's a completely reasonable thing to do. 'You can't use our service without an approved device.' it increases the value for everyone else because it causes less cheating.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    7. Re:Sort of. by Anonymous Coward · · Score: 0

      But that was only to prevent people from using mod chips to cheat. In that case, they are protecting other players from having their games ruined by cheating. In fact they are denying themselves money as they no longer have thier xbox live subscrption money from that player.

    8. Re:Sort of. by fractoid · · Score: 3, Interesting

      That's different. That's blocking you from a *service* that they provide for users of unmodified XBox 360s.

      It's like you buy a Toyota that's designed to only run on Toyota fuel. You modify it to run on any petrol (since Toyota fuel is just petrol with colouring in it). MS's approach with the XBox is to ban you from filling your modded car up at Toyota petrol stations. Apple's approach is to pour sugar in your petrol tank.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    9. Re:Sort of. by soloha · · Score: 1

      what are you talking about? i modded my xbox so i could run Linux on it, which has many apps - not to pirate games.

  63. Well, Apple, you've lost MY potential business by OmniGeek · · Score: 1

    I find the iPhone's combination of functionality (most of it, anyway) rather attractive, especially if it really does work better than trash like my Ipaq (losing ALL the user data whenever the battery goes flat is just unacceptable, and has me back to using a -nonvolatile! - paper address book). Based on the last review from The Register (which was rather favorable on the whole), I was even toying with the idea of buying one, based on the assumption that I could use it with MY cell provider. Apple DOES do a good job of user-interface design, and their handheld products are very sleek, attractive, and well built, which goes some way toward justifying their premium prices. However, now that it's clear that Apple intends to actively force iPhone buyers to use Apple's selected monopoly service provider and brick the phones of those who escape the monopoly, they can wave a fond good-bye to the idea that I'll buy their gear, and that extends to iPods as well.

    Face it, there really isn't any reasonable interpretation of Apple's latest statements other than that they DO intend to deliberately sabotage your iPhone if you unlock it; all that horse puckey about "many of the unauthorized iPhone unlocking programs available on the Internet cause irreparable damage to the iPhone's software" is just that; horse puckey. No one expects Apple to put in extra effort to accommodate third-party software on the iPhone (that would be like Microsoft providing good API docs for Windows,) but it's clear that they're not just disclaiming responsibility for third-party software here; Jobs has actively declared war on those who use the gadget outside Apple's ring-fenced provider. (I wonder when the battle front will be expanded to include iTunes?) I for one am not willing to tolerate this kind of behavior, so Apple has just lost another potential customer.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    1. Re:Well, Apple, you've lost MY potential business by Anonymous Coward · · Score: 0

      It's already been playing out with iTunes as well.

      http://apple.slashdot.org/article.pl?sid=07/09/14/1831236

      Thankfully they were able to crack it and now you're once again free to use any software you want to sync your iPod.

    2. Re:Well, Apple, you've lost MY potential business by tv_dinners · · Score: 1

      like my Ipaq (losing ALL the user data whenever the battery goes flat is just unacceptable All you gotta do to get around any such device's failure is to connect another power source to the device's battery terminals while doing the battery change. Another battery with wires attached to it will do fine.
  64. no by Anonymous Coward · · Score: 0

    Yall are talking as though apple will definitely brick hacked phones. I don't see that there. Plus I don't see how that serves apple OR AT&T. Anybody motivated enough (and bright enough) to unlock their iphone to use with another carrier is certainly not going to be wooed over to the AT&T side by an act of electronic aggression - much the opposite.

    I see this as a recognition by Apple that thousands of people have unlocked iphones with unknown software and Apple simply can't guarantee that something disastrous won't happen to some of those phones with upcoming firmware updates. Since so many people have done this, certainly a vocal few will blog up a stink about it, and this is a little preemptive reminder.

    Now hurry up with that update Apple, I really want to download the Starbucks song of the day :P

  65. Apple FUD by nbahi15 · · Score: 1

    Well Phil Schiller decides to generate a little FUD of his own after the near PR disaster that was the over priced launch. If Apple manages to accidentally or intentionally 'brick' iPhones that have been locked, and then refuse service, they will end up with an open revolt on their hands. They can kiss their halo effect goodbye if that happens. I think Apple has set itself up for a serious stumble with their vendor lock-in move, and any subsequent FUD they are trying to spin about users voiding their warranty via software. Are they going to test in-store for modified firmware? Nope, I am pretty sure this is posturing, trying to scare users back to the loving arms of Apple and AT&T, and when the firmware relocks the phone without incident, people will say 'Thank you Apple.' I for one am not relocking my phone. I have the $700 phone bill for 32MB to data they can shove up their ass first.

  66. Yes and no by aepervius · · Score: 2, Insightful

    He is not entitled to own one, but ONCE he owns one, he is entitled to keep it in the state it is, or even burn it on a bonfire if he wishes. OTOH Apple cannot force an update on the iPhone on him, because Apple did not license the iPhone or Contract the iPhone usage to him, Apple sold it.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Yes and no by Anonymous Coward · · Score: 0

      Absolutely true. BUT where does it say that it's up to the developers to investigate and accomodate every 3rd party mod that appears and make sure that their normal product updates don't affect them?

      I just gotta laugh at all you anarchist dorks on here. The sad part is, as supposed techies you should all be familiar with regular product cycles - are you now saying that you all actively go out there and make sure that upgrades an improvements to products you support wouldn't break unknown or unintended 3rd party mods? BULLSHIT!

      Once again all you have here is a bunch of whiney technogeeks who want what they want when they want it - buch of fucking 3 year olds. Waaaah! A firmware mod that fixes or improves the software in the official source tree has unintended effects when the source that it was patching isn't the same diff as they were expecting to find.

      Sure it's possible that this is a deliberate attempt by Apple to thwart unlocking the phone... that's bad. But it's JUST AS LIKELY that they're putting out the warning because they have no idea what will happen to a modded iphone when they push the updates, seeing as at that point they no longer have an expectation of continuity in the software.

      Tell me, oh wise geeks... what happens when you run a unified diff patch on source that has been unknowingly modified, hmmmmmm? I'll leave it as an exercise to you smug motherfuckers who expect Apple, and any other company out there, to bend to your every whim to tell them just how they're supposed to do that.

      But I digress. Yes Apple SOLD it to him... he's entitled to mod it any way he wants. What's unrealistic is the expectation of continued product support (in the form of product updates) once you effectively fork the source tree. How exactly are they supposed to support software they didn't entirely write? And, more importantly, why should they?

      Don't like it? Don't run the updates. Besides... if you're so fucking smart that you can mod the phone then you should be smart enough to maintain it yourself. Jackass.

    2. Re:Yes and no by lubricated · · Score: 1

      but where does it say apple can intentionally brick the phone because it doesn't like you.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    3. Re:Yes and no by Rakarra · · Score: 1

      Apple doesn't break into peoples' homes and smash their iPhones with hammers. The owner of the iPhone is CHOOSING to install a software update, an update Apple has sent out warning will not be compatible with 3rd-party hacks.

  67. Wait for RoughlyDrafted... by mattgreen · · Score: 1

    As the official spokesperson of the Mac zealot contingent, I'm sure RoughlyDrafted will feature a ten page article describing why exactly this is not evil, and how Microsoft did similar things back in 1992. It will be peppered with pie graphs, misleading statistics, and Photoshop abominations.

    The rest of us, residing in that place known as reality, eagerly await the grasping at straws.

  68. Yet another reason by Z00L00K · · Score: 1
    to avoid the iPhone. If bricking is a possibility it means that it's either intentional or that the testing of the new firmware has failed. What if unmodified phones goes into brick mode?

    It seems to me that it's better to go for a Qtopia based device instead.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  69. DRM is defective by Anonymous Coward · · Score: 0

    Thus the iPhone, hacks for it, and updates for it are all broken. Who cares what happens, you shouldn't have supported it and now you'll do things their way or have to deal with this kind of crap.

  70. Welcome to reality. by cgh4be · · Score: 2, Insightful

    I don't understand all the uproar. All you geeks think you should be able to buy something, jab a screwdriver into it and then expect the manufacturer to support it.

    If you buy a car from GM, install an after-market modification (some kind of performance chip, etc.), it is quite possible that they may issue a recall that would either a) be denied b/c of your after-market modification, b) cause your modification to stop working or c) cause your car to stop working. Do you think it's GM's responsibility to test each an every modification that someone might make to a car before releasing a recall? Do you think it's Apple's responsibility to test each and every possible software hack out there before releasing an update?

    They are selling their phone as a closed-box device, like a toaster or a DVD player. If you want to screw with it, fine, but don't expect any help from Apple getting it to work again. Quit complaining.

    1. Re:Welcome to reality. by nagora · · Score: 1
      All you geeks think you should be able to buy something, jab a screwdriver into it and then expect the manufacturer to support it.

      Well, actually we just want cartel actions such as locking people who want product A into also buying product B to be outlawed and, where it already is outlawed, we want the law enforced.

      In other words, we don't actually want to have to jam the screwdriver into the thing in the first place just to make it work correctly.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:Welcome to reality. by cgh4be · · Score: 1

      Then don't buy an iPhone.

    3. Re:Welcome to reality. by shiftless · · Score: 1

      How is this insightful?

      I don't understand all the uproar. All you geeks think you should be able to buy something, jab a screwdriver into it and then expect the manufacturer to support it.

      You missed the point.

      The point is Apple does not have right, morally or legally, to break your iPhone on purpose after you have modified it.

      f you buy a car from GM, install an after-market modification (some kind of performance chip, etc.), it is quite possible that they may issue a recall that would either a) be denied b/c of your after-market modification

      Why would GM deny a RECALL because of an aftermarket modification? A recall issued to fix a widespread inherent flaw in the product. Now, it's quite possible that GM may try to deny a WARRANTY CLAIM due to an aftermarket modification. They frequently get away with it too, but this practice is illegal. If taken to court GM would lose unless they could prove or show convincing evidence that the aftermarket modification CAUSED or CONTRIBUTED to the failure.

      b) cause your modification to stop working or c) cause your car to stop working.

      Sure, GM only *intended* to fix a product flaw, but unfortunately their modification (in conjunction with an aftermarket modification which was already present and clearly visible to the technician) caused my $300 MSD ignition box to fail or caused my engine to sling a rod through the oil pan. Guess I'm just out of luck, and they have no liability, right? Regardless of their intent, my car was running fine before I took it to be serviced and now it's broke. You think a judge won't find GM liable? Yeah right. You think a judge wouldn't find Apple liable if my modified iPhone was working just fine one day then suddenly quit working due to a forced firmware update from Apple which I did not approve or consent to? Yeah right.

  71. Re:Not exactly sure how 'we' got to israel.... by computer_chacham · · Score: 0, Offtopic

    Never happened, idiot--the article (www.wakeupfromyourslumber.com/node/3689 look at the labels) was a satire about how weak the dollar has become compared to the Euro (with some antisemitism thrown in). It doesn't even make sense--most (75%) Israeli aid is used to buy American weaponry, WHICH ARE BOUGHT WITH DOLLARS.

  72. Quit yer' bitchin... by admiralfrijole · · Score: 1

    (a) you don't *have* to apply udpates. the only way they've "forced" updates in the past is to use new features. eg: you bought a song from the iTMS after the udpate came out, you need the update to play it (b) its not a proactive "we're going to brick these phones" maneuver, its a "hey, the update might not play nice with your modded phone" warning (c) its like you modding your honda, and them releasing an update for the ECM that will perform better, but might not work if you patched your ECM and (d) to the "ZOMG WUT DO U MEAN INSTALLING SOFTWAREZ VOIDED MAI WARRANTEE??!?!?!??" folks, well, read the warranty. it did.

    --
    e to the pi i plus one equals zero
  73. More than legal, they TOLD YOU they would do! by fishdan · · Score: 1

    It's definitely than legal. You don't have to apply the apple update your phone. THAT's your contract with apple -- if you want apple to continue to support your phone, you have to play by their rules. This is EXACTLY what defective by design is all about, and I honestly don't understand the bitching about it. Apple was very clear from day one that they could do this, and they were making a device that was designed to make them money. I completely don't approve of it, and I did not buy an Iphone for exactly these reasons. But Apple was completely upfront about it. They made it very clear in their press releases, etc, that they would lock the device down, force users to buy ring tones through ITMS, not allow 3rd party development, and would seek to monetize EVERY aspect of the Iphone they could.

    If you want to hack up the device to use it the way you want, fine and dandy, but if you want apple to keep upgrading it after you've hacked it, that's unrealistic, and as much as I really dislike the controls Apple has placed on what would be a great device if you could do what you want with it, I don't think it's fair to complain about them doing EXACTLY what they said they would do before the device came out. Apple is releasing updates under the premise that they know the condition of everything important on the brick -- er phone. If things have changed, unbeknownst to them, they are not responsible for what happens when you do updates.

    As for it being legal for you to unlock your phone -- it COMPLETELY is -- that right is guaranteed to you by the DMCA. But once you do that, you are taking a risk still running apple updates. And as much as I dislike what apple has done with the Iphone, I don't think you can say what they are doing here is unfair. They told us all a long time ago that the device was going to be as locked down as possible. People who bought it, knew that. Or at least the people who bought it and applied the hacks.

    --
    Nothing great was ever achieved without enthusiasm
  74. Is cirumventing legal circumvention legal? by cthulhuology · · Score: 1

    The DMCA has an explicit exemption for circumventing cellphone locks for purpose of using the cellphone on another network. Hacking your iPhone is legal if you just want to put in an unlocked SIM. Now you may be violating the contract you have with Apple, but given the DMCA exemption a court may deem those clauses unconscientiable and therefore null and void. So ultimately does Apple have the legal right to take your money and then deprive you of use of your own property?

  75. Apple's BS reminds me of the riddle: by SimHacker · · Score: 2, Insightful

    Q: How many cops does it take to push a suspect down a stairwell?

    A: None, he just slipped!

    So the Apple version is:

    Q: How many firmware updates does it take to sabotage an unlocked iPhone?

    A: None, it just bricked!

    Which just goes to show:

    Q: What do you get when you cross Apple and AT&T?

    A: AT&T!

    -Don

    --
    Take a look and feel free: http://www.PieMenu.com
    1. Re:Apple's BS reminds me of the riddle: by jez9999 · · Score: 1

      Don't you mean at&t?

  76. Re-locking can brick it by Shawn+Parr · · Score: 2, Insightful

    Apple's taking the position that they don't "mean" to brick it, but it just "might happen" anyways, which of course is total bullshit.

    Except if you read the TUAW guide to re-locking that some people who tried to re-lock the phone found that it didn't work anymore. Some have gotten it to work again by re-unlocking, but eitherway the process seems to munge the IMEI.

    Maybe, just maybe, and I know many people will have to take of the tinfoil hats to believe this, Apple actually has test units that they try out all these published hacks on. And maybe they discovered that if you used one of the SIM unlock methods it caused an issue that a baseband upgrade found in their new firmware upgrade will cause a problem. And maybe, just maybe, in order to avoid a flurry of bad press, they slipped this information out so that people who would be affected would have a chance to try to reverse what they have done first, or avoid the update until the hackers figure it out, so that there aren't stories all over the net this week about how Apple killed the iPhones that were hacked.

    Yes, Apple has said that they don't want the iPhone SIM hacked, and they have to since they have exclusive deals with carriers. Heck since they seem to be getting a cut of service fees they probably really don't want you to do it, even though it will lead to more sales of units, especially if the fees work out to as much or more than the profit they make on the device itself. However in those same quotes of Jobs and Schiller saying that they don't want to see SIM unlocks, they also mention being interested in non-network local apps, and the possibility of doing something with them in the future.

  77. So Who Owns Your Phone? by johnsie · · Score: 0

    So, who acutally owns your phone? You or Steve Jobs? Hmmm... This reminds me of the whole bundling issue that M$ is struggling with in Europe. I think it's high time users had a choice of software and providers for their hardware. Tyrants like Microsoft and Apple need to stop forcing people to use their software and give the consumer some choice.

  78. Warrenty != Rights under the law by mlwmohawk · · Score: 1

    The warranty is *only* what the company agrees to do about a defective product in absence of consumer protection laws and ownership rights.

    Beyond the warranty, you have a wide range of rights to use your property regardless of who makes it. You own it. Its yours. You may void the company warranty, but you don't abandon your legal rights.

  79. Wake up and smell the developers (oh god, n/m) by jcampbelly · · Score: 1

    Can anyone explain the business sense? What does Apple gain by taking such a hard stance on not condoning modifications? Why wouldn't they have a hands-off approach, and not stand in the way of "developers"? Other technologies seem to be gaining so much more from a formalized, open API such as new users, cost-free (to Apple) additional features, and great press from supporting open source on a mobile device which desperately needs a corporate sugar daddy. At least it's my perception that the reputation and success of a company is benefitted by a wide and open developer community, maybe the board of directors have a different take (slightly fewer new cars per year). It seems to me that Apple is hoping to sell "toggle" features piecemeal at ridiculous additional cost, and make tons of money through an exclusivity agreement which is frankly going to severely limit the amount of money they can make with open carrier choice. But they know as well as we that there will be a minute fraction of people who will say "I want a different carrier so bad, I'll risk destroying my device" and "I want a custom application on there to the degree that I may not be able to use the phone component". But I think an overwhelming majority (and these people are the cash cows) will simply follow exactly whatever Apple says on the 10-step list inside the box just to get their iPhone activated. I don't understand why companies act like they're going to lose ridiculous money when someone steps up with an acute understanding of the technology and the willpower and skill to manipulate it. There is still a moderate technical challenge in modifying such a device as an end-user, which is a significant enough barrier to prevent the hordes from flocking to it by the thousands it would take to impact their revenue. Why not support this subculture with tools, and enable them to produce even more compelling features for normal users, and make available a Firefox-like Add-on hub? Isn't the fact that the words "firmware" "patch" "flash" and "usb" are essentially jibberish to the average joe user of this device enough to disuade the perception that the Unwashed Masses are going to hijack their product and form a new pseudo-Apple who will take over their IPs, sink their stock and put M80s in all their toilets?

  80. FUD from Apple? by bteeter · · Score: 1

    FUD or real warning? I guess we'll know soon enough. I have a factory iPhone so I'm not terribly worried either way.

    But even if this is a real issue where Apple can brick modded phones - I'd think the hacker community will have fixes in place within hours of the new patch. I mean, can't you just restore to factory settings, patch with the new patch and then rehack? I'm not an iPhone hacker by any means but its not a hard leap of logic to figure that out.

  81. Uhm... by dropadrop · · Score: 1

    This is a pretty stupid story really. Did they say it will brick the iPhone or it might do so? What's the suprise that they will block the hacks when they release upgrades? Of course they will, at least this is what I told my friends who where contemplating purchasing one. Why would they lock it in the first place and not fix the "bug" that allowed it to be unlocked?

    Sure I think it sux if they brick it on purpose, but on minimum I would almost expect the mods to be incompatible with future firmwares. Personally I'll wait for an unlocked EU version sometime in the future.

  82. Who's preventing? by blueZ3 · · Score: 3, Insightful

    They didn't prevent anyone from unlocking the phone. They're just not supporting you if you do so.

    Why is this so hard for the /. crowd to understand? Apple specifically says that non-ATT use of the phone is unsupported. People who bought and hacked the phone knew that when they bought it. Apple didn't stop people from doing so, but they're not going to go out of their way to support them. Get over it.

    This is like whining that Microsoft doesn't support people running Window-Blinds or some other hack.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
    1. Re:Who's preventing? by TooMuchToDo · · Score: 1
      http://apple.slashdot.org/article.pl?sid=07/09/25/1136228&threshold=1

      "Apple's recent decision to void warranties for folks that unlocked their iPhones may wind them up in legal hot water. The site Phone News points out that Apple appears to have broken a key warranty law relevant to SIM unlocks. The Magnuson-Moss Warranty Act, a law decades old, would seem to prevent Apple from voiding warranties in the way it is threatening to do with the iPhone, or so the site argues. 'The Magnuson-Moss Warranty Act states that Apple cannot void a warranty for a product with third-party enhancements or modifications to their product. The only exception to this rule is if Apple can determine that the modification or enhancement is responsible [for] damaging the product in question ... The legal [questions are]: Is the SIM Unlock process that has become mainstream doing damage to iPhone? And, also, is Apple designing future software updates to do damage to iPhone when said SIM Unlock code is present?'"

      Oh, snap.

    2. Re:Who's preventing? by Gulik · · Score: 1

      They didn't prevent anyone from unlocking the phone. They're just not supporting you if you do so.

      I don't think anybody would complain about Apple not supporting the phone if you modified the software on it. (Okay, I'm sure somebody would complain, but we'll ignore them for the moment.) If you tried to run a software update and the phone said "Sorry, Dave, this is not a stock software load. Update exiting.", that would be fine. I think folks are upset that Apple may be going out of their way to write the update so that modified phones will be busted by it. Which, really, they can do if they want -- it's their software, and nobody is forcing the update down your throat. But grow some balls and own up to it -- save the "Well, gee, it might bust your phone if you modded it, we honestly have no idea." If it's how you want to roll, come out and say "The update will break your phone if you modded it; you can do what you want with your phone, and we can do what we want with our software." Is that petty and vindictive? Yeah, kinda. If they don't want to take the PR hit for being petty and vindictive, they could just, y'know, not be. This wishy-washy crap where they get to be petty and vindictive and claim it was an accident is, I think, what grates.

      Well, it's what grates on me. But then, I don't own an iPhone, so at the end of the day I don't suppose Apple really needs to give a damn what grates on me.

    3. Re:Who's preventing? by deathy_epl+ccs · · Score: 1

      If it's how you want to roll, come out and say "The update will break your phone if you modded it; you can do what you want with your phone, and we can do what we want with our software."

      The problem with this is that it would open them up to a class action law suit because it's unfair business practices. Honestly, they're probably opening themselves up for it anyway, but being as blatant about it as you suggest would only make matters worse.

      But then, I don't own an iPhone, so at the end of the day I don't suppose Apple really needs to give a damn what grates on me.

      Yeah, same here... I'm quite thankful for that now, too... but even so, the prices were so high that I think I'd have rather buy another high end video card or two, or maybe a couple terrabyte of disk instead, if I had intended to blow that big a wad of money.

    4. Re:Who's preventing? by PitaBred · · Score: 1

      "You replaced the radio in your car, and then your transmission broke? Sorry, no warranty coverage."

    5. Re:Who's preventing? by crontabminusell · · Score: 1

      I don't think the people who unlocked their phones are looking for the support of Apple. I believe they are upset that Apple would deliberately push an update that would render the phone inoperable if it wasn't running exactly what Apple wants. While I can appreciate the homogeneity Apple wants in their hardware and software to make support easier, going out of their way to fuck it up for people who don't want to play by Apple's rules just doesn't seem cool.

    6. Re:Who's preventing? by juhaz · · Score: 1

      This is like whining that Microsoft doesn't support people running Window-Blinds or some other hack. No, this is like whining about Windows Update formatting your hard drive if you have window blinds or some other hack installed.

      Even Microsoft is not that evil.
  83. Exactly! by mariox19 · · Score: 1

    It's called a hack. Is a manufacturer supposed to work around your hack?!

    These people need to get over it.

    --

    quiquid id est, timeo puellas et oscula dantes.

  84. So don't apply the update by Sheik+Yerbouti · · Score: 2, Insightful

    Why do I need this update? So it can brick my phone. Hrmm sounds like I don't need it. I thought about this eventuality before I bought and unlocked the phone. It's not really a big deal at all. What functionality does the update provide that would make me want to apply it? None nadda zip. So I won't be. iTunes music store wifi crap could not care less about. I don't buy music from any source that sells DRM music. iTunes want's to force me to update. I will use a third party synch tool or just good old FTP SFTP. I am perfectly happy with the way my unlocked iPhone works right now. And more importantly I get far more value from the new applications the hackers have provided than I do from anything new Apple is talking about. I mean the NES emulator is by far the coolest thing on my iPhone. So in short meh whatever.

  85. In related news by thetroll123 · · Score: 1

    Homebuilders' merchants Bricks R Us, Inc. today announced that in future all bricks they sell will come with a licensing agreement under which purchasers commit only to use their bricks for home-building purposes.

    Bricks mis-used by their purchasers, for example in breaking into vehicles or in bar brawls, will automatically be turned into overpriced cellphones.

  86. Re:One more thing... by Anonymous Coward · · Score: 0

    Umm, you're assuming its intentional. I personally don't see what the big deal is, you always have the option of not updating. Also, I think its unreasonable to expect/demand that Apple writes all their updates/software tip-toeing around whatever hack or unlock someone puts on an iPhone. You're using the product in a way that was not intended by the manufacturer, so you shouldn't expect the manufacturer to hold your hand. You knew there were risks in hacking the thing, and you accepted them. One of the consequences turns out to be not updating the firmware...get over it.

    On the other hand, if it is intentional then that is some kind of bullshit. They don't have to support hacks, but they shouldn't try to intentionally bork phones that are hacked. I'm curious to know what people would think if the update only unhacked the phones instead of "bricking" them.

  87. Re:Not exactly sure how 'we' got to israel.... by Anonymous Coward · · Score: 0

    Pointing out how it is satire is a far more reasonable response than ranting how 'you should not use intel processors'

  88. Relying on 'hacks' by nurb432 · · Score: 1

    This is why i would never do it. Too much risk exposure.

    If a device does not have the features i need out of the box, they don't get my $ in the first place and i goto a competitor.

    --
    ---- Booth was a patriot ----
  89. Freedom?! by Toreo+asesino · · Score: 1

    It pales into insignificance alongside SHINY GADGETS! :)

    --
    throw new NoSignatureException();
  90. Ahem, looking at this all wrong. by Anonymous Coward · · Score: 0

    Apple is actually warning people who hacked their iPhone that the next update COULD mess things up. Say thanks and shut the heck up. Maybe thay don't really mind that iPhones are being unlocked. Maybe they designed it in a way that would let those pesky hackers play with it. It would potentially give Apple a wider distribution, and more hardware sales. After all, they are a hardware company. If they were so evil, why would they even warn you ?

  91. The good news is by Paradise+Pete · · Score: 1

    The good news is, it now costs $200 less to replace it. (Or $300 less if they use their Applebucks.)

  92. Use Google's Visual Voicemail by meehawl · · Score: 1

    my evil unlocked iPhone works perfectly on T-Mobile - without Visual Voice Mail

    Use Google/GrandCentral's visual voicemail. Without 3G it won't be as fluid as it could be, but it's cross platform and carrier-agnostic.

    --

    Da Blog
  93. OH! Boo Hoo! by amper · · Score: 1

    Oh, please.

    This is nothing more than Apple being nice enough to warn people who are hacking their own phones that Apple cannot predict the interaction of, and is in no way obligated to test such interaction with, third-party software running on iPhones. Apple isn't even under any legal obligation to provide firmware updates in the first place. If you want to take advantage of the new firmware, wither don't modify your phone into an unsupported configuration, or put it back to the way in came when you got it (and don't complain when the restore process, as above, bricks your iPhone).

    Nothing to see here, move along. You want some cheese to go with that whine?

    Yeah, there are things about the iPhone (and Apple) that piss me off sometimes (see my journal entries on the iPhone). Yes, I got one anyway when the opportunity presented itself. I was going to hold off to see if future software functionality was forthcoming, but I got the opportunity, and I'm enjoying my iPhone. I sincerely hope Apple addresses some of my issues, but I'm not holding my breath. I've done that in the past and been burned by Apple, so now I'm a bit older and a bit wiser.

    Honestly, if $300-600 bucks is going to hurt that badly, you shouldn't be hacking in the first place.

  94. The best iPhone hack of all time by merc · · Score: 1

    The best way to deal with the iPhone is not to buy the goddamn thing. Seriously, I'm disappointed with the number of people that fail to consider this as not only an option but an obligation as a consumer. I find it aggrivating that consumers today will pay back a corporation that is engaging in disgusting and unethical behavior by handing them piles of cash money.

    STOP BUYING IPHONES.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:The best iPhone hack of all time by wodelltech · · Score: 1

      Is that you Mr. Gates?

      ps - you make a great point, but it does look kinda like something Bill would write...

      --
      Your monitor is staring at you.
    2. Re:The best iPhone hack of all time by Darby · · Score: 1

      I'm disappointed with the number of people that fail to consider this as not only an option but an obligation as a consumer.

      "Consumers" have no obligations except to gulp down whatever shit is shoveled into their mouths.
      The word you're looking for is "customer". That's why that word was phased out in favor of consumer.

    3. Re:The best iPhone hack of all time by blackjackshellac · · Score: 1

      Ah, no. It looks like something I would write, and I very very seldom agree with Bill Gates.

      --
      Salut,

      Jacques

  95. They can't say they didn't know by jetmarc · · Score: 1

    > Of course it might "brick" a hacked iPod without them meaning to.
    > Even if they are just making a minor update to a simple app, they
    > might be using a newer version of an existing library.

    It's one thing to not know about hacked devices and issue a regular software update that happens to brick a hacked device.

    But it's another thing to be well aware about the hacked devices. The fact that they release an international FUD press statement shows that they DO care about them, and not exactly in the positive sense. They don't say "we'll break em", they do say something that - seen in this context - is about equivalent.

    My 2 cents,
    Marc

    1. Re:They can't say they didn't know by @madeus · · Score: 1

      But it's another thing to be well aware about the hacked devices. The fact that they release an international FUD press statement shows that they DO care about them, and not exactly in the positive sense. I think all it shows is they are aware of the issue and as with any vendor in this situation it's just a bit of ass covering. I doubt they are really that bothered - not least because I suspect the percentage of people doing it is really tiny (surely 0.1%), and because once the contracts are up they are obliged to allow people to use them on other networks (and they are not going to break purely unlocked iPhones then - of course for ones with otherwise modified software all bets are still off).
  96. Cool! A Minnie Driver/Anne Hathaway love scene. by Impy+the+Impiuos+Imp · · Score: 1

    > Users can instead pray to the hacking deities...to write applications
    > that will undo the unlocks, as it were

    Or maybe they can send some Apple executives to jail instead.

    I prefer that solution.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  97. iPod "updates" mainly for DRM... by zooblethorpe · · Score: 1

    Anyone who owns an iPod will know the firmware gets updated fairly regularly will fixes and on occasion new features too.

    And how many of those "fixes" have to do with obfuscating the iPod database and audio file titles, as part of the never-ending cat-and-mouse game that is DRM? I've had an iPod for years, and poked around on it a good bit -- terminal is your friend -- without hacking the firmware at all, and during that time, each "update" only ever seemed to do more to separate me still further from the music I had already bought.

    It comes at a price.

    Yes, it does -- the price I paid in the goddamn store. All this after-sale bullshit is really pissing me off.

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
    1. Re:iPod "updates" mainly for DRM... by zooblethorpe · · Score: 1

      PS --

      No offence meant to you, Toreo. My ire is directed firmly at Apple and other DRM hucksters. Note too that my iTunes purchases dropped off to nil after I figured out what they were doing.

      Cheers,

      --
      "What in the name of Fats Waller is that?"
      "A four-foot prune."
  98. Steve's a Jackass by JM78 · · Score: 1

    Steve Jobs publicly admits this is a futile war and yet he insists on fighting it. What really chaps my shorts is the fact that the cost of fighting a war that cannot be won will simply be passed onto all Apple customers. I'm so unbelievably tired of technology jackasses.

    Let the damn people have what they want and quit playing the role of masturbating deity.

    --
    I am Jack's smirking revenge.
  99. Modded down for mentioning Israel? by bstarrfield · · Score: 0, Offtopic

    Moderators - can you explain why my post is flame bait? This is a serious concern - does supporting Israel, or being Israeli mean that you can't post on Slashdot?

    --
    /* Dang, I can't type that well. */
  100. I'm Steve Jobs - And I Am Here To Help You!!!! by BSDetector · · Score: 0

    iCRAPPLE -- I'm Steve Jobs - And I Am Here To Help You!!!! - Suckers!!!!

  101. What about Europe? by PPH · · Score: 1

    Many countries in Europe mandate SIM unlocking. Is Apple planning on writing off that entire market? There are already some iPhone look-alikes available, some good, sone not so good. This will leave a huge hole for them to step into and, once that market shakes out the losers, they'll come over here.

    --
    Have gnu, will travel.
  102. Suspect decision making process by Anomalyst · · Score: 1

    The amazinfg thing is that people are paying Apple millions of dollars to be abused this way and probably don't even get the "reward" of an orgasm at the end of the session. The decision making processes of an iPhone owner are decidedly suspect.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  103. Proprietary software makes you a captive by Sloppy · · Score: 1

    Everyone saw this coming. You knew you were buying an intentionally-crippled device. You knew that it had "features" that were designed to serve interests other than yours. You knew that you were giving yourself over to depending on Apple for software maintenance. If you want software updates, you have to take the bad with the good.

    Don't like it? Don't do it! Besides the obvious over-pricedness of this thing, the other reason I didn't buy on of these things is that the product practically screamed "Fuck you, customers!" at me.

    If you bought an iPhone, I'm sorry for your suffering. But I also hope you learned something. Apple pulls this crap with all of their products, but if it took a phone for you to notice, okay. Now you're ready for whatever iProduct comes next.

    Oh, and quit talking about the law. You're quibbling over fairly minor points in what tactics Apple is allowed to use in order to serve other entities' interests over yours. The more general campaign of fucking their customers over is strategically viable, and they'll find a way to do it, one way or another. Don't transact with, or try to get cooperation from, someone who is so explicit and up-front about being your enemy. Apple wasn't even a little bit devious this time. They told people to hand over their money and bend over, and people lined up to do it.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  104. ITS TOTALLY LEGAL by bussdriver · · Score: 1

    Yes you should be allowed to mod anything; however, you are updating THEIR software with new software from Apple. This means you are agreeing to the conditions they place on THEIR upgrade software! One of which is the classic disclaimers is "you can't blame our software for anything even if its our fault" BS which all software has today. If they do it on purpose you might have grounds to cause some legal trouble but otherwise you agreed to take all the risk when you clicked the button.

    I thought you HAD to buy the phone with a contract for ATNT? Can you buy the phone without getting/paying for phone service? Anybody read that contract as well?

    1. Re:ITS TOTALLY LEGAL by petermgreen · · Score: 1

      I thought you HAD to buy the phone with a contract for ATNT? Can you buy the phone without getting/paying for phone service?
      Afaict you buy the iPhone first and then sign up for the phone contract later but you can crack the iPhone without ever signing it up for use on AT&Ts network.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  105. There is normally a one month limit by Sycraft-fu · · Score: 1

    While individual banks might choose to have different terms, the standard is 30 days. Within that time you can stop charges but after that, you have to deal with it.

  106. Bunch of 'tards by Anonymous Coward · · Score: 0

    Y'all are a bunch of 'tards for wasting so much time on a phone.

    It's J U S T a phone.

    The joke is on you ALL!

    Tech fools.

  107. Ah, the assumptions by Proteus · · Score: 1

    I note that just about everyone is presuming that Apple will be deliberately constructing an update to turn unlocked iPhones into bricks. While that's certainly possible, they are currently claiming that there is no such intent, but that folks should be aware that there's a possibility the next update will break unlocked phones.

    Now, Apple could certainly be lying, but they have so far had a reasonable reputation for being forthright. Additionally, if their intent was malicious, they could have avoided saying anything (since the warranty text already disclaims warranty for modified devices), issued the update, and laughed as all the iPhone unlockers bricked their phones. It's certainly plausible that Apple has been testing updates with stock and unlocked phones and has noted that updates sometimes brick unlocked phones; that's at least as plausible as the "deliberate bricking" everyone is in a tizzy about.

    I'm willing to give Apple the benefit of the doubt, but given how evil it would be if the bricking were deliberate, I'm hoping someone will reverse-engineer the update and find out the facts. Until then, though, let's not rush to attribute malice to a company that has been basically decent over the years.

    I say, wait and see, and not make too many assumptions.

    --
    We may not imagine how our lives could be more frustrating and complex—but Congress can. – Cullen Hightower
  108. Is the Update Manadatory? by cfoushee · · Score: 1

    Don't know if this has been asked and answered there are so many responses its hard to read them all, but I was wondering if those that have unlocked iphones had some option to disable the update. Seems to me if I had one I would be looking for a way to just not get the update and stick with what I had til the smoke cleared and everyone figures out way around this.

  109. Bull. by TheVelvetFlamebait · · Score: 1

    You have the legal right to issue DMCA cease and decist letters and a legal right to sue, even in a class action, against Apple if they attempt to brick the phone or they don't carefully protect your rights as a consumer by not negligently creating software that they know could potentially brick the phone.
    Bull. Firstly, the update is optional as I understand it. Apple can create and offer you whatever software they like and it can do whatever they want it to, provided they don't resort to false advertising. I could also create a live CD that would shred all the data on your disk, and it would possibly have a market. Just because my software that I've distributed to you, for use in your own time, "bricks" your computer, doesn't mean that I'm attempting to brick your computer.

    Secondly, the product that gets bricked is not an iPhone. It's now a collection of similar hardware and software. It's certainly not compatible with the real iPhone (the one that apple supports) in specification or practice. If you install iPhone software on anything but an iPhone, you alone, not Apple, bear the consequences of such a decision.

    Finally, Apple warned you about it in the warranty. They weren't curtailing your rights, they weren't forbidding you to do anything, they just warned you that your phone would no longer be supported or covered under warranty if you decided to modify it. Tough luck.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  110. Slashdot morality by ad0gg · · Score: 1

    Microsoft disables windows for people who use pirated serial numbers. BAD Apple disables phones of people who purchased the item. GOOD

    --

    Have you ever been to a turkish prison?

  111. Lock-in not the same as locked-down by ToasterMonkey · · Score: 1
    Who is seriously FOR homebrew? By Apple and Sony, you mean iPhones and PS3's? I couldn't run "homebrew" software on any of my Sprint phones, and last I checked, Nintendo or Microsoft weren't exactly opening the doors on any of their game platforms.

    Microsoft and Oracle don't make cellphones, and lock-in is quite a bit different than locked-down, so what are you comparing?

    And you can just about bet with safe odds that this WAS deliberate.

    then that's fine and dandy and sucks for everyone. However, I dont think anyone believes that's what is actually happening here. Thats great, what made you think that? Arstechnica told you so? Where's the actual press release? The only meaningful quote on Ars is:

    "Apple has discovered that many of the unauthorized iPhone unlocking programs available on the Internet cause irreparable damage to the iPhone's software, which will likely result in the modified iPhone becoming permanently inoperable when a future Apple-supplied iPhone software update is installed,"

    And from Ars:
    At that time, we also said that we had reason to believe that the next update to the iPhone would brick iPhones that had been unlocked to use SIM cards from other GSM carriers, which Apple's press release has confirmed. Sources familiar with the matter have told Ars that the company did not decide to cause such irreparable damage to the iPhone intentionally, however, and Apple's statement appears to confirm this as well.

    But lets jump to irrational conclusions anyway. This isn't any different than trying to run third party software on a fancy graphing calculator. You have to use third party tools to get stuff on it (and running) and a firmware update MAY brick it. Hell, you could extend this to almost ANY product that receives updates from the manufacturer. Unsupported hacks may break on future firmware updates. This is a non-story.
  112. Meizu M8? by seandiggity · · Score: 1

    I think it's great that OpenMoko is embracing FOSS, and the Neo 1973 looks even more promising now that Qtopia Phone Edition will run on it. However, I'm looking forward to a more-likely candidate for an "iPhone killer", the Meizu M8...that is if there's some way I can run a FOSS OS on it...anyone know about something like that in the works?

    --
    Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone.-rms
  113. I doubt it by m2943 · · Score: 1

    Most of you must realize the iphone will be in use much longer that 2 years.

    Given my experience with first generation Apple products, I really doubt it.

    1. Re:I doubt it by soft_guy · · Score: 1

      There are people still using Lisas and Apple IIs dude.

      --
      Avoid Missing Ball for High Score
    2. Re:I doubt it by Anonymous Coward · · Score: 0

      There are still people driving Fort Pintos, dude.

      Besides, the Apple II and Lisa were far more robust than anything Apple has put out in the last decade.

    3. Re:I doubt it by soft_guy · · Score: 1

      I'd put up the Power Mac G5 towers against the Lisa or the Apple II - its pretty well made. Same for XServe. Same for some of the G4 tower systems (Sawtooth comes to mind). I don't see what Ford Pintos have to do with anything.

      --
      Avoid Missing Ball for High Score
  114. Steve Jobs the new Bill Gates? by Anonymous Coward · · Score: 0

    The more I read about the iPhone, the more I'm convinced that Steve Jobs is turning into Bill Gates.
    What drew people to Apple and their products was they weren't Microsoft and that whole corporate "kill'em all" culture.

    It seems that greed still is the root of all evil.

  115. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  116. Class action ? by Anonymous Coward · · Score: 0

    I don't think a class action is possible when a problems affects .01% of customers (Especially if they modified the product in ways not approved by the manufacturer) Fools

  117. Fun with allegories by Funk_dat69 · · Score: 1

    In other words, swim at your own risk, but don't bitch to us if you get eaten by an alligator; you were told to stay out of the water.


    I love allegories! Let me try one:

    In other words, swim at your own risk, but don't bitch to us if you get eaten by an applegator that we release when you decide not to pay us to go swimming in the otherwise-safe lake.
    --
    FUNK!
  118. Smarten up by Anonymous Coward · · Score: 0

    Or all the sheeply who buy Apple could wise up and buy one of the many other viable Smartphones out there that are already GSM unlocked and tell Apple to stuff it.

    Naw that won't happen because the marketing tells me it's just TOO COOL!

  119. Learn to spell (or type)!! by Anonymous Coward · · Score: 0

    It's "iPod", "Apple", "iPhone", "contractual", etc... you moron.

  120. Natural Right by Morosoph · · Score: 1
    You not read my reply. My argument had nothing to do with Apple being wealthy, but rather addressed the right to crack (not pirate) the iPhone.

    Apple is attempting to defeat the law's intent, and it is moral to work around such attempts. This has nothing to do with the fact that the other party is Apple.


    I made a separate point about morality not being ignorant of the other (such as when there is rational distrust), in order to address your more general point. Morality is not completely blind. I do myself believe in natural law and natural right, but these are rooted in equilibrium and human nature, and not in axiomatic rules.

    If natural, rather than customary or conventional right is relevant here, it would be most likely the right to reverse engineer; law should not presume against natural curiousity and tinkering.

    As for your examples, they push the approach that if right doesn't come down to simple rules, then there is no right. I believe that this position is unreasonable.

  121. Amazing. by Anonymous Coward · · Score: 0

    This is one of the most rediculous incidents of a "Telephone" (the game) like effect happening I have seen.

    TFA says that "New firmware MAY brick unlocked phones"
    Slashdot reports it as "New firmware WILL brick unlocked phones"
    Now OSNews reports "Apple INTENTIONALLY bricking unlocked phones"

    Wow.

  122. not sure if you are trolling, but by ickeicke · · Score: 1

    I am not sure if you are trolling, but there is definitely homebrew and other purposes other than playing copied games for the xbox. For example; playing DVDs from all regions and using some homebrew media player to play your fairly acquired mp3s and videos for example.

    --
    Firehed - Unfortunately, thanks to medical breakthroughs, common sense is not as common as it once was.
  123. Rumor sites are asking for a whistle blower by polyex · · Score: 1

    Some rumor sites are asking for a whistle blower to come forward with regards to Apples directives on this patch. If there is one document , conversation or request within Apple or AT&T which shows intent to damage peoples property then a crime will have been committed (even if the patch is not sent out!). Apple is very smart to say they are not intending on damaging peoples phones in the press, but if one manager told a coder to do this, I suspect the story will leak. Apples intentions is the important point in regards to this patch. People legally have a right to use the phone with other carriers, Apple has a legal right to patch there product. Apple does not have a legal right to intentionally damage someone's phone as "payback" for not signing up with AT&T. Its tough to keep a conspiracy between two people, so I would just wait and see with this one.

  124. Re:Is that even legal? - if you RTFA by mjwx · · Score: 1
    The apple representative said:

    "will likely result"
    Which translated from marketing speak is: "we cant legally admit to this but we are trying as hard as we can to lock out anyone who doesnt do what we tell them to".
    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  125. GLASS HOUSES BRICKS???? by Anonymous Coward · · Score: 0

    Hmmmm,

    Perhaps some owners of the disabled iphones should show Apple their appreciation by throwing their expensive bricks through Apple's expensive plate glass windows? Maybee if the phone is not heavy enough to break the glass it should be taped to a real brick????

    Apple if your listening your backwater treaties with AT&T are a very slippery slope with your users. In order to please your puppet masters at AT&T your having to screw over some people who are quite loyal to your very expensive hardware. If you screw your customers what motivation are they going to have to come back to you to buy new hardware??

    I personally have been a loyal Apple customer for years. That is until you screwed me on my Dual G5's power supply (with your cute narrow serial number range). With the new Beryl interface and the quad core intel chips and monster graphics cards out there I have a feeling my next desktop won't be an Apple.

  126. Solution by ironcake · · Score: 1

    Don't buy stuff from Apple. The company makes neat gadgets, true, but given the choice between doing something nice and doing something evil, it invariably chooses the latter. Make not buying Apple the sacrifice you make to the Gods of Right.

  127. Real simple solution by Timtheenchanted · · Score: 1

    Just don't buy an iPhone.

  128. Bricking iPhones by Anonymous Coward · · Score: 0

    The way the software unlocks (both by iPhone Dev Team and iSimFree) are done is that they have byte-modified some of the binary files on the phone so that they'd bypass the provider check. Just like the good ole' DOS days - take a HEX editor, change some bytes to NOPs. If those files are updated in the process of a firmware update with new and changed versions, it's a pretty expected consequence that those unlocks will be "voided". Calling Apple names for doing that is idiotic.

    However, I as one of the owners of an unlocked iPhone will definitely start screaming if Apple will deliberately start to refrain me from using my current setup - such as upgrading the firmware on my phone without my consent or if it turns out that they have built some kind of a "timebomb" into the latest iTunes that will stop it communicating with my 1.0.2 firmware phone after the 1.1 is released.

  129. No need to do that by Anonymous Coward · · Score: 0

    because all they have to do is make their patch work only with their firmware. If none of their versions of firmware are on the iPhone, don't install.

  130. The law... by w3dg · · Score: 1

    AFAIK allows unlocking of phones.. You buy it, it's yours to use. Thats why certain companies are sim card-less, easier to keep them on the network. But, to knowingly send out a patch that could brick their product for users not using it in the way they wanted... That's a class action. Not to mention the possibility of it doing it to "legit" iphones, as they call it. Apple obviously didn't know what they were doing when they got into the cell phone business, they expected their phone to be their baby and nobody to actually exercise their right to unlock it. Phones are unlocked all the time, Craigslist and ebay prove that.

  131. So? by LKM · · Score: 1

    The day I unlocked my iPhone, I stopped updating iTunes on the Mac I sync my iPhone with. The unlocked phone is in a weird state which the updater doesn't expect. It's likely to cause issues, and we all knew it when we hacked our phones.

  132. Oh, and... by LKM · · Score: 1

    And you can just about bet with safe odds that this WAS deliberate.

    You're using past tense for something that hasn't even happened yet.

  133. accidental brick by scolbert · · Score: 1
    Perhaps Apple is taking an 'on purpose' posture here and has worked very hard (some say the reason for the delay of this firmware update) to make sure a hacked (unlocked) iPhone is bricked. I kind of doubt it (I think they are getting this outcome for 'free'). While I am no expert in hacking techniques used in this instance, I am quite familiar with the various models to hack into a ROM and vector to some other code. It would seem to me that Apple would have had to go out of its way to make sure that these hacks continued to work on a go forward basis. And whatever you believe their motives, they sure as hell wouldn't spend a cyle making sure something that they generally don't want to work, continues to work. Perhaps they make this new release more hacker proof, in a way we want them to do that. We constantly beat up Microsoft because of the holes left in their software, leading to viruses, etc. and we expect better of Apple. The fact is that we can't have it both ways, a bullet proof but hack available iPhone. For the record, I hate that Apple locked the iPhone in the first place.

    -Sammy iPhone

  134. this is just sad by Anonymous Coward · · Score: 0

    this is just sad behaviour from Apple. in my eyes they have been just like microsoft for
    the past couple of years now. a company that is using bad ethics.

    they are selling the iPhone at profit. They can easily allow carriers to use it, at profit.

    if they sold the iPhone as a pure unlocked device for whatever network you wanted to use
    it...heck. they'd have practically gained at least 30% market share by now. instead, with
    these tied systems they've strangled their own device. O2 in UK? no thanks. most of us ditched
    that carrier a while back. of course O2 got the iPhone, they've hardly invested in their
    3G network infrastructure. a phone that only does GPRS/Edge is ideal for them. the rest
    of the UK is awaiting the N95 for the masses release. or an iPhone2 that can REALLY do stuff.

  135. Just to clarify a few things by LKM · · Score: 1

    There seems to be a lot of misunderstanding and/or mean-spirited interpretation of what Apple said. Three points:

    1. This whole thing only applies to SIM-unlocked phones, not to jailbroken phones. Jailbroken phones can easily be restored to factory default; SIM-unlocked phones (as of now) can't reliably be re-locked. In fact, trying to do so might brick your phone.
    2. You do not need to install the update. Apple won't just brick your phone. They won't force the update on your. If you're afraid the update might brick your phone, you can just ignore it and the phone will keep running just fine.
    3. There's no reason to believe Apple intentionally implemented something to brick hacked phones. As I've said above, re-locking your SIM-unlocked phone already might brick your phone. It's quite likely that Apple changed something that could brick SIM-unlocked phones as a side-effect. It's also possible that nothing at all will happen to your phone, and Apple was just preemptively warning people that something might happen.

    So calm down with the hatred. As somebody who owns a SIM-unlocked phone (I unlocked it after Apple's warning), I do not expect to get updates or support from Apple, just like I won't install Ubuntu on my MacBook and then go cry to Apple when I can't run an update to Mac OS X inside Ubuntu, or when my wireless card does not work in Ubuntu.

  136. Re:Apple Legal by bussdriver · · Score: 1

    How could Apple Legal not notice laws for cell phones? Surely, they put in stuff in the user agreements to address the issues involved-- one would think. Doesn't mean that it can't end up in court there are plenty of stupid laws to fix. Sadly, we don't have a fair system for dealing with those laws - even when both sides have equal funding and lawyers there are plenty of tricks; around my town hiring a lawyer from the same firm as the judge moves the odds in your favor (depending on the judge, naturally.)

  137. Jeez, get a life by Anonymous Coward · · Score: 0

    Just a troll passing through, but reading these posts one would think that the end of the world was nigh.

    I-phones, I-pods, I everything are vastly over-rated. But I have made a boatload of money buying and selling Apple stock because of losers like you all.

    Keep it up.

  138. "Apple drives customers to third-party solutions" by Geminii · · Score: 1

    There, fixed that for ya.

  139. The Microsoft Way by meehawl · · Score: 1

    To make Apple take into account third-party hackery is just silly.

    Aside from illegal monopoly practices, one of the ways Microsoft came from behind and grew so much faster and larger than Apple in the 80s and 90s was that it did actually spend a great deal of time futzing with DOS and Windows to attempting to ensure that as much of the "third-party hackery" extant would work on new releases. There are literally hundreds of thousands of lines of codes and exception and compatibility reg values in Windows there for no other reason than to get decades-old, badly programmed applications to run successfully.

    So it is possible, if a company has a long-term vision of encouraging a wide userbase, of coding to deal with third-party hackery without disabling it or destroying the hardware.

    --

    Da Blog
  140. Duhh by Anonymous Coward · · Score: 0

    Apple give rebate.

    Apple then bricks all non AT&T iPhones

    Where the fuck do you think the money is coming from?