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BW: Apple Can’t Stop iPhone Hackers
Monday, August 27th, 2007 at 4:00 PM - by .(JavaScript must be enabled to view this email address)
Fuzzy laws will allow iPhone hackers some wriggle room, and there really is no precedent in case law that applies, according to Business Week on Tuesday.
The discussion right now focuses on what individuals are allowed to do and what the interpretation of the DMCA. While intent of the DMCA seems to suggest that individuals can unlock their phone lawfully, some point to other copyright provisions that could stop technologists from providing or selling that information.
"The law here is unclear," said Jonathan Kramer, founder of Kramer Telecom Law Firm in Los Angeles. "There just isn’t any case law in this area for us to figure out how it plays out."
According to BW, some experts believe that Apple and AT&T might invoke DMCA section 1201 which states: ""no person shall circumvent a technological measure that effectively controls access to a work protected under this title."
In rebuttal, others say that that no software is being accessed [with some unlocking schemes], only access to a network. Jane Ginsburg, professor of literary and artistic property law at Columbia Law School pointed out that Communications services aren’t copyrightable under the Act, and said "This law was written for DVDs and video games," she explained. "What’s going on here is using the Copyright Act to achieve another objective."
A this point the law may be on the hackers side. In the past, automakers tried to force customers to buy car radios made only by them. The U.S. courts put a stop to that. "If Apple and AT&T push too hard, they might see a revision of [the Copyright Act, and it won’t be in their favor]," said Richard Doherty, director of consultancy the Envisioneering Group.
The situation is different in other countries where customers buy any phone they want, then insert the SIM from their carrier of choice. Some observers see a possible, slow move to that kind of situation in the U.S. in the next few years. "It’s an anomaly that the phones are tied to individual carriers, "David Chamberlain, with In-stat said. "Can we change that business as usual? Maybe. But people who want that will fight for a very long time."
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