Really? The exemption states that you can modify firmware with the intention of allowing a cellular telephone to work with different wireless services.
The only way that was known at the time to make the SIM unlock possible, was by going through an intermediate "jail break" step. This jailbreaking step additionally left the phone open to installing additional unrelated 3rd party applications.
Unless the plaintiff can prove that you had additional intent in performing the "jailbreak" beyond the sole purpose making it possible to achieve the SIM unlock, the exemption will still hold.
Look, Apple's not going to sue anyone regardless. They'd look so bad it'd be ridiculous.
I see your point: that it'd be impossible to prove, but that's moot because my point is: technically, under the DMCA, bypassing iPhone DRM to do anything but use other wireless networks is illegal.
That was my only point--that it's
technically illegal. Ya'll are getting a little too attached to the notion that everything has to be legal to be OK. I think you're also paranoid if you think the legality of iPhone hacking alters the situation.
The only reason I even MENTIONED the legality of hacking is because someone in this thread said it was perfectly legal. I was reminding everybody that No: You lost that right in 1998 when Clinton signed the DMCA (Republican congress too ?? Doesn't matter, it's not about politics).
I think the DMCA is wrong and unconstitutional, but I don't think I'm wrong to say that the iPhone hacks unrelated to the SIM cards (such as jailbreaking for the sake of apps) are illegal according to the letter of that law.
Apple releasing an update when they even SAID it would probably break your 3rd party hacks is totally legal. If you want support from Apple, you have to play by their rules and pay them lots of money. That's the way it's always been.
1) If my OS provider allows potential malware that's been installed via a security hole to remain, they're negligent.
2) You have no proof for your last statement.
OK in order to initiate the buffer overflow, you have to have the iPhone plugged into a PC.
Are you really defending Apple on this?
OK here's the clincher: If Apple disabled Apps thinking that they were malware (which is ridiculous, considering there isn't any iPhone malware out to take advantage of this), why didn't they DELETE THEM!?
That's right, the update
does not delete 3rd party apps, it disables them. Oh, I guess that makes Apple "negligent", right? They're not deleting all that evil malware that got in magically through PC <--> iPhone syncing.
They disabled the apps because a number of them offered alternatives to paying more money to Apple/AT&T. By this I'm referring to IM clients (alternative to SMS) and ringtones (Apple makes a buck on each, plus you have to buy the song on iTMS).