The importance of iPhone hacking
October 3, 2007
There is a convergence going on between the world of cell phones and the world of computers. The iPhone is the most prominent example of this.
Can you imagine purchasing a computer and being told that you could not install a different operating system (even though the hardware was capable)? Or even worse that if you did install some third party software on your computer when you next downloaded a product fix for your operating system your computer would be bricked or otherwise disabled? I don’t think anyone would stand for such heavy handed tactics, so why is Apple doing this with the iPhone?
In todays world more and more consumers are of the opinion that if a device is capable of doing something there should be no reason why an owner of the device should not be allowed to do it. This runs contrary to the old practice of the Telecom industry where every extra ability costs more money.
- Old way of thinking - POTS
- Buy a phone you get a phone that does one thing; make and receive phone calls.
- Caller ID? Costs extra
- Call Waiting? Costs extra
- Three-way Calling? Costs extra
- Custom Ring? Costs extra
- You want a different long distance provider? Take them to court and have the monopoly broken up.
- Todays cell phone business model
- Buy a phone you get a phone that does one thing; make and receive phone calls.
- Caller ID? Costs extra
- Call Waiting? Costs extra
- Three-way Calling? Costs extra
- Custom Ring? Costs extra
- Data Plan? Costs extra
- You want a different long distance provider? Take them to court and repeat what happened in the 80’s
Notice a trend here? The business model of the cell phone industry is the same as that of the Bell system. There is one key difference though; todays cell phones are far more capable than POTS phones from the 80’s.
The iPhone is more powerful than the desktop computer I used only ten years ago. The iPhone is a portable personal computer. So why is it being treated like a POTS phone from the 80’s? Even worse why is Apple holding back the iPhone by re-locking it?
Some people have been pointing at changes in the DMCA last year which were specifically added to allow owners of cell phones to hack them (just not for the purpose of stealing access to the network).
5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.
The above seems clear to me and if you read the commentary in the PDF it will be even more clear. Unfortunately for us this exemption applies only to using the cellular phone on another network. This does not cover hacking the iPhone for the purpose of using custom applications on it.
My feeling is that if you own a device you should be able to use it as you please (public safety and existing criminal laws aside). Locking a device to insure a failed business model is able to continue is just wrong. There is no reason for Apple to re-lock the iPhone except for the reasons of profit (no I am not against making a profit).
Some people have pointed out that Apple is getting a share of the revenue at&t makes off of iPhone customers and I can understand their desire to make sure that revenue stream does not dry up. I can also understand that they may have other contract elements in their deal with at&t that requires Apple to re-lock the iPhone but, according to the DMCA amendment consumers have the right to use their cellular phone on any network they choose. Does this mean apple is breaking the law and can be sued under the provisions of the DMCA?
I am not a lawyer but I am a techie. The way I see it Apple is breaking the law in regards to the DMCA by re-locking the iPhone. I can’t say anything about custom applications (which I want access to) because they do not appear to be covered under the DMCA amendment stated above even though they should. The Apple iPhone is a portable personal computer, why are we being forced to treat it like a POTS set?
Written by Steve D · Filed Under Apple
Well Apple has established in its own warranty that such devices are not to be tampered with. The warranty supposedly (I don’t have an iPhone) ships with the iPhone, and is avaialble on http://www.apple.com/support/iphone/ as the following link:
http://www.apple.com/legal/warranty/ to this link:
http://images.apple.com/legal/warranty/iphone.pdf
and establishes the following:
“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.”
Note passage A says you can’t use it with a non-Apple product. That can be interpreted to mean any hacks, or added software. Nowhere on the phone does Apple say one of the intended uses is to install third party applications so passage C is held in check.
Passage E says that if you do anything to alter the functionality without Apple’s permission you are on your own.
Now that they have put this in writing they basically have given themselves a cover for any hint of bait and switch, since it is the user’s responsibility to read any warranties, any promises, and any obligation to give users the right to tamper with the phone without permission from them. Hackers basically should note, that anything they do to the phone that is not within the realm of the phone’s existing capabilities is basically voiding their warranty, thus voiding any protection they might have when Apple changes the firmware. Since the firmware is the ONLY thing that is within warranty, since it is Apple’s permission you grant them to install that firmware when you install it.
If Apple wants to void warranties or expressely prohibit an unlocked iPhone from getting firmware updates that is their perogative. However, to distribute a firmware update with the intent of using the update to re-lock the iPhone I consider to be against the spirit (if not the letter of the law) of the DMCA amendment.
There are also limits on what a “shrinkwrap” contract can enforce upon a consumer. Some rights, even in a legal contract, can not be waived.