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The Legalities of Unlocking an iPhone
Sunday, August 26th, 2007 at 4:00 PM - by John Martellaro
Unlocking an iPhone for your own benefit with the sole purpose to lawfully connect to a cell phone network, with no financial gain, is probably not illegal, according to an informal opinion by an attorney at Engadget.
The Engadget attorey, Nilay Patel, warned that his Q&A article is not meant to be legal advice. Even so, he shed some light on the process of unlocking an iPhone and what the Digital Millenium Copyright Act (DMCA) has to say about it.
"Just like any other piece of code, the iPhone’s firmware is protected by the Copyright Act, and circumventing the access controls in place to get at that code is a violation of the DMCA. However, the Copyright Office issued six exemptions to the DMCA last year, one of which allows consumers to unlock their cellphones ’for the sole purpose of lawfully connecting to a wireless telephone communication network’," Mr Patel wrote.
And therein lies the rub. Just how that is interpreted, especially with respect to profit making venntures, is the key. Anyone can sue anyone at any time.
The entire missive bears reading, however, the final words are worth noting: "Well, the truth of the matter is that unlocking your iPhone probably isn’t going to get you in any trouble, as long you’re only doing it for your personal benefit. If that’s what you intend to do, go right ahead. Just be aware of the risks, and keep in mind that you’ve probably hosed your warranty, and that Apple might well stop supporting your phone," Mr. Patel concluded.
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