The iPhone Freedom FightersDon't be afraid: Unlocking Apple's superphone is legal, ethical, and just plain fun.

Apple is not happy with its customers. Disobedient iPhone owners are unlocking their iPhones (modifying them to work with carriers other than AT&T) and installing "unauthorized" third-party apps. Last week the company struck back with a software update that acts much like a virus. It wrecks the operation of third-party applications and can turn unlocked iPhones into "bricks." Is Apple on the right side of this fight? Is it really wrong or illegal to unlock your iPhone? Well, I figured, there's only one way to find out.

Part of the copyright code, Section 1201 of the famous Digital Millennium Copyright Act of 1998, makes it illegal to break digital locks to get at copyrighted works. But that doesn't make unlockers criminals. The reason is an explicit exemption for personal unlocking issued by the librarian of Congress in 2006. As the librarian wrote, the locks "are used by wireless carriers to limit the ability of subscribers to switch to other carriers, a business decision that has nothing whatsoever to do with the interests protected by copyright." If that's good enough for the librarian of Congress, that's good enough for me.


It's true that the library's rule doesn't say anything about people who help you unlock your phone or "traffic" in software to do so. But its logic tracks recent case law suggesting that unlocking for compatibility, as opposed to copyright infringement, is no crime. In one case, Lexmark, a printer company, tried to prevent the use of competitors' ink-jet cartridges in its printers. In another, the manufacturer of a garage-door opener sued to block a firm marketing a "universal" remote control. In both instances the federal courts said, roughly, that the lawsuits were about blocking competition, not piracy. Without going into a full legal analysis, that's probably what a court would say if Apple sued a distributor of unlocking software. In any event, none of this is an issue for personal unlocking.



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