I am not a lawyer or anything so I was wondering how do you "Hack" a physical piece of property that you own?
That's because, while you own the physical medium (the iPhone hardware itself), in the eyes of the law you don't own the software encoded in its Flash memory. Apple owns it, and they have granted you a license to use it.
What I mean by that is you 'own it' so you can not hack it...if apple owned the phone and you started messing with it then it would considered "Hacked" since you did not fully own the phone...you were just borrowing it from them. So if you fully own the phone and apple does not own any part of that phone then it can not ever be Hacked
Again, you fully own the hardware, but Apple owns the software embedded within the phone. In fact, if you were to totally erase every scrap of Apple-created software from the phone and start from scratch with your own totally original firmware, then you wouldn't be in any trouble at all as far as Apple is concerned.
(AT&T will still be asking you to fork over your monthly service fees or else pay the early termination fee.)
(Depending on how much control your new software has over the physical radio, you may be paid a visit by the FCC if your modifications cause it to fall out of compliance with their regulations...)
Of course, there'd be no question in that case, though, that if you ever wanted to go back to Apple's default firmware, then the onus would on
you to ensure that a mechanism was in place to restore the factory default conditions; if you failed to plan such provisions, then you'd have nobody to blame but yourself.
As a matter of fact, Apple's own Software EULA acknowledges that you may have certain statutory rights to make some modifications to their copyrighted material. In the USA, this specifically includes the legal right to modify the firmware to allow network interoperability.
But...
Now if Apple was to make the phone inoperable (like they did with this lock down) they have in fact HACKED the phone that you own?
Surely, Apple couldn't be expected to predict which portions of firmware may have been modified by unauthorized changes. Therefore, it has to proceed on the assumption of
some baseline norm, and it's perfectly within Apple's rights to use the previous officially released firmware as that norm and release its patches to simply build on it.
If you installed a change that disrupts that norm, then it's entirely reasonable to expect that Apple's patches might not work they way they are intended.
so who then is evil?
I don't think it's a question of anybody being evil.