iPhone firmware update 1.1.1 released!

[Stella]

if you go by todays cell phone market:
* if you buy the phone outright then the customer can choose any cell network.

* If the phone is subsiszed then you are obliged to remain on that carrier until you fullfil your contract ( or you buy-out ).

However, Apple are choosing to limit the customer.

In many countries, by law, if you own the phone outright, or at the end of the contract the carrier HAS TO unlock the phone. So, whats going to happen at the end of iPhone contracts?

Normally:
A person who buys a car can freely choose what garage to buy their fuel from.

In Apple's world, someone who buys an Apple car has to buy fuel from an Apple store.
(read: iPhone forces the user to buy their ring tones from iTMS and nowhere else and has to re-purchase their existing ringtones ).

Anyway, its probably easier to disagree!

Simply purchasing at full price does not mean that the company that manufactures the product is responsible for any damages that users make to it due to their desires to hack or mod it. A person who purchases a new car and decides that, as their right, they prefer to run nitro glycerin through the internal combustion engine instead of unleaded is probably not going to be covered under the warranty when they take their puddle of metal to the dealer for repairs. And that's actually a good thing for consumers.

 

[alexku]

Forced to Reset iPhone

Tried to install new software and was forced to reset iPhone. Did not use any 3rd party software. Lost everything on iPhone. Really pissed about this.

-Alex

 

[ZaoPetra]

Oops

I don't own an iPhone but I had been wondering if I'd be able to use my existing car setup. That's good news!

However, you're in the wrong forum. We're not discussing the release of iPhone firmware update 1.1.1.

My bad. I'm just sitting here stupid happy about the things I can do with my iPhone not the things I can't. I'm happy somebody cares about all those other difficuly issues.

 

[iPhoneyboy]

Has anyone else noticed how much slower the whole phone seems? Mines just always slow... no longer snappy changing from apps.

Also after the update... almost all my album covers were wiped out and had to retrive the artwork from the iTunes store again.

 

[matticus008]

In the interest of conserving space, I'm only going to address a few points that others have left open in subsequent responses.

2) Have each of the above points / question raised seen their day in court?

Most laws are not individually tested, and certainly very few contracts are. With respect to the iPhone, there is nothing new or unique regarding any particular legalities, and so the entire issue rests in harmony with elaborated case law.

The issue isn't individual factors. Those are all completely settled. The only plausible issue is the interaction of circumstances, but that quickly plays itself out when you consider that no court has ever held a manufacturer to leave security vulnerabilities open, for obvious reasons.

Further, the "unlocking is legal" train of thought extends only through to copyright law, which is not the only relevant issue at hand. "The government" has not said "do whatever you want under the guise of unlocking your cell phone". That might be a desirable rule, but it would be one that would have to come from outside the Copyright Office. The DMCA exception is precisely that: a copyright exception. If you break other laws in the course of unlocking your phone, you're still fair game for a summons.

3) or Are you saying that is logical based on your interpretation of the laws?

It is a foregone conclusion at common law, not based on any individual interpretation. There is no case by case "rule" that need be applied that would require individual analysis.

4) Is it not true that some legal decisions get reversed from time to time, so taking one opnion (legal or not) does not mean that it is the right opinion?

There is no such thing as a "right" opinion or "definite" decision. But this must be distinguished from a "definite" consequence of existing law. In order to get to a point where you have an ambiguous legal state, you need substantial disagreement among courts. This does not exist here. There are no courts to my knowledge that have gone "the other way" on any salient issue raised by the Apple-hacker tug of war.

3) It does open the possibility that those people would then argue that Apple is restricting their entitlement to use a purchased phone in any available service provider and that as such

I do not accept the premise. There is no such entitlement. Apple has presented a product and done its due diligence in alerting buyers as to its functional limitations. It is free to make a business agreement as to exclusive distribution, and in that instance, you do not have an inherent right to use the device contrary to Apple's intentions.

Before anyone gets worked up about that, please note that I'm not saying you can't buy out your contract, unlock your phone, and switch to T-Mobile or whomever. It is simply that the seller has a right to create terms, and to a certain extent, to enforce them. It's just a natural home court advantage.

You can go against Apple's wishes (since you're not legally obligated to use AT&T), but you can't complain when Apple runs afoul of your plans. Only customers using the product consistent with its intended purposes have that right.

Consumer choice is also not an issue here. There are hundreds of other handsets and several other carriers. No matter how amazing the iPhone might be, there is no implicit requirement that it fulfill everyone's dreams or be available to all. Consumer choice isn't about specifics like individual products; it's about markets.

What do you think?

There's no way around the fundamental issues: you need a property right to assert or you need to find a breach of a duty owed. You don't have a property right in software at all, much less one in future updates, and I've yet to see a coherent theory of how Apple could be held accountable by hackers. I'm not saying it can't be done, but it certainly has nothing to do with an "it's my phone!" argument--it would have to be found elsewhere, and the best chance of that is for someone to develop a method of unlocking that does not involve modifying firmware.

* If the phone is subsiszed then you are obliged to remain on that carrier until you fullfil your contract ( or you buy-out ).

This is true regardless of subsidy.

In many countries, by law, if you own the phone outright, or at the end of the contract the carrier HAS TO unlock the phone. So, whats going to happen at the end of iPhone contracts?

That will be the interesting thing to see. Apple could successfully argue a number of means for declining to unlock the phones, but it's equally likely that on June 29th, 2009, they'll release a software update that implements unlock codes for all customers coming out of contract. They haven't broken the law until the first contracts expire and someone's unlock request is denied, so they're probably banking on that time to keep the hackers on their toes.

 

[Sobe]

As usual, a pleasure to read your thoughtful posts, matticus008

My question is this, since you seem the type to be able to answer this objectively:

Would you categorize your thoughts on these issues as broadly supported in the law or are you leaning in one way or the other.

Basically I am asking you to look at your opinions somewhat critically since they are out of the area of my expertise and comment on how objective you are being.

Thanks!

 

[lodenmuse]

What if?

There are discussions and thoughts in my head about the iPhone that could go on forever, but I just thought of one question, and matticus made me think of a different version of it:

What is at&t going to do at the end of a 2-year contract? If, after 2 years, completely fulfilling your contract requirements to at&t, you walk in and say "I'd like to cancel my at&t service now. I will be going back to T Mobile." Would at&t unlock your phone?

Or, if I walked in tomorrow and said, "You know, I'm not too crazy about your service, I'd like to pay my $175 and cancel my contract."

[Ok, in the latter, I don't imagine they'd do much. No one really said that the $175 would get you out with an unlocked phone. But I'm wondering about after 2 years. Assuming at&t has some 5-year-ish exclusive with , would they let the iPhone cross carriers or would they just say "tough luck, your phone still only can work with at&t"?]

 

[matticus008]

Would you categorize your thoughts on these issues as broadly supported in the law or are you leaning in one way or the other.

I would categorize the elaboration as 100% derived from the law as it itself is opined (and not as though I would myself prefer, which is not always the same).

The part that is open to negotiation is the premise that a phone can be sold without a legitimate unlocking mechanism at all. That is, hacking an unlock code system would work irrespective of the firmware, and so Apple's decision not to include that functionality is what requires firmware modification incompatible with software updates. However, having read the lengthy discussions and open commentary sessions and amici while the new exemptions were still only being considered, it seems clear that the copyright exemption was created for this exact situation (where the manufacturer/service provider declines to unlock handsets). But here again, to argue the other side of this presumption, one would have to establish a precedent for a company being debarred from patching its own vulnerabilities--an unreasonable construction of any law. Further, to allow an act to proceed under this theory would largely invalidate the purpose of having the unlocking exception at all.

 

[mccldwll]

if you go by todays cell phone market:
* if you buy the phone outright then the customer can choose any cell network.

* If the phone is subsiszed then you are obliged to remain on that carrier until you fullfil your contract ( or you buy-out ).

However, Apple are choosing to limit the customer.

In many countries, by law, if you own the phone outright, or at the end of the contract the carrier HAS TO unlock the phone. So, whats going to happen at the end of iPhone contracts?

Normally:
A person who buys a car can freely choose what garage to buy their fuel from.

In Apple's world, someone who buys an Apple car has to buy fuel from an Apple store.
(read: iPhone forces the user to buy their ring tones from iTMS and nowhere else and has to re-purchase their existing ringtones ).

Anyway, its probably easier to disagree!

This is so totally devoid of reason, it has to be a troll.

 

[Stella]

This is true regardless of subsidy.

Above poster replied to:
"* If the phone is subsiszed then you are obliged to remain on that carrier until you fullfil your contract ( or you buy-out )."


If you buy any other phone ( other than iPhone ) outright, its out of contract: You buy the phone at full price and then sign up the contract from your favourite GSM carrier. The phone you bought is still unlocked and thus usable on any GSM provider - which the iPhone differs at this point.

I've bought several phones outright - and therefore out of contract - and I'm free to choose whatever GSM network I please. The phone is unlocked and can be still used with other carriers.

When I go abroad, I can change to a local SIM freely and therefore avoid paying outragous roaming charges.

This is so totally devoid of reason, it has to be a troll.

Flame bait.

 

[dangleheart]

What is at&t going to do at the end of a 2-year contract?

I own an iPhone but I am surprised at myself that I do not know the answer to this question. Should n't this be somewhere in the contract explicitly spelled out? Hmmm.. I will have to look. This kind of thing is something they are supposed to disclose properly

 

[matticus008]

No its not... I bought a phone outright, out of contract and I'm free to choose whatever GSM network I please.

That's not what you previously claimed. To refresh:
"If the phone is subsiszed [sic] then you are obliged to remain on that carrier until you fullfil [sic] your contract (or you buy-out)."

If the phone is unsubsidized, you are still obligated to remain on that carrier until you fulfill your contract. Whether the handset is subsidized or not, your contract is your contract. A price subsidy and the presence or absence of a contract are wholly independent from each other.

The terms of your contract must be complied with--if it's a phone-only agreement without a service plan, your contractual obligation ends at purchase. If it's a prepaid plan, it's an option contract exercised at least once with the initial "charge" of minutes. If it's a term plan, then you're stuck with it unless you pay the penalty or complete the term.

 

[PDE]

I own an iPhone but I am surprised at myself that I do not know the answer to this question. Should n't this be somewhere in the contract explicitly spelled out? Hmmm.. I will have to look. This kind of thing is something they are supposed to disclose properly

Well it's clear from the box what Apple WANTS to happen:

"Service plan with ATT required for cellular capabilities ON EXPIRATION OF INITIAL TWO YEAR AGREEMENT"


So, they not only bind you to two years with ATT: it's a lifetime enslavement. I'm happy I'm unlocked and I vow to never get locked.

 

[Stella]

That is true. But you miss my point:

You pay full price for a phone and you choose your contract and carrier. Your phone isn't tied exclusively to that carrier, you can still change your SIM card, for example, if you go abroad.

If you buy an iPhone ( at FULL price of course ) your phone is tied to AT&T. You don't get a choice of carrier and a slim choice of contracts.

Do you see the difference?

Many people will go abroad for an extended period and take their iPhones. However, they will have to roam and thus chalk up expensive phone bills. Where as in the above example, your free to change the SIM card to a local one. Maybe this isn't much of a problem for americans because they don't travel as often, but for other countries such as UK and the rest of Europe, this is important.

This is an example of consumer freedom. EDIT: You can say the consumer has the option of not buying an iPhone, that is of course true. But if you take Apple v rest of industry - Apple is constraining consumer choice for the device they really want to buy.

iPhone @ fullprice vs Any other cell at full price.

Apple are locking down the phone hard when the consumer has paid full price - depending on your country.

Oh, even with the iPhone and AT&T you cannot buy yourself out of the contract and get it unlocked. With any other phone ( subsidised ) you'd be able to do this - and have the phone unlocked.

That's not what you previously claimed. To refresh:
"If the phone is subsiszed [sic] then you are obliged to remain on that carrier until you fullfil [sic] your contract (or you buy-out)."

If the phone is unsubsidized, you are still obligated to remain on that carrier until you fulfill your contract. Whether the handset is subsidized or not, your contract is your contract. A price subsidy and the presence or absence of a contract are wholly independent from each other.

The terms of your contract must be complied with--if it's a phone-only agreement without a service plan, your contractual obligation ends at purchase. If it's a prepaid plan, it's an option contract exercised at least once with the initial "charge" of minutes. If it's a term plan, then you're stuck with it unless you pay the penalty or complete the term.

 

[Stella]

Well it's clear from the box what Apple WANTS to happen:

"Service plan with ATT required for cellular capabilities ON EXPIRATION OF INITIAL TWO YEAR AGREEMENT"


So, they not only bind you to two years with ATT: it's a lifetime enslavement. I'm happy I'm unlocked and I vow to never get locked.

*IF* true, I sincerely hope that Apple will face a huge media and customer back lash, with a few lawsuits too...

I don't think many people realise that they are tied to AT&T after the intial contract.

I expect that people will think this is a troll... so what - I don't care - its about consumer rights, not Apple being overly greedy and taking the piss.


How many people really think its OK for Apple to make it so the only way iPhone owners can put new ring tones on their phone is to make them buy from iTMS? ( hint: its nothing to do with RIAA - ring tones may have been previously purchased) Isn't that as bad as Verizon crippling bluetooth on its phones so customers have to pay for data?

 

[dangleheart]

Service plan with ATT required for cellular capabilities ON EXPIRATION OF INITIAL TWO YEAR AGREEMENT

This does not sound right and it will upset me if there is a life time commitment. But you have to interpret this like a lawyer would.

1. After two year agreement expires, you have to continue to have a plan with AT&T for you to have cellular service. It does not say anything about getting on a service plan with someone else. It is debatable what this clause really means.

2. At a less significant level, if you let the contract expire and do not have cell service, Apple should still support the phone and not brick it with an update. That would surely result in a class action lawsuite and a massive recall/emergency fix. I do not think SJ will do that.

3. I think AT&T has a 5 year exclusive with Apple. So, may be for 5 years, Apple can not enable the cell phone to be used on any other network. But you should not have to sign another multi year contract for cell and data service.

That is one way to interpret it. It will be good to know for sure.

 

[matticus008]

You pay full price for a phone and you choose your contract and carrier. Your phone isn't tied exclusively to that carrier, you can still change your SIM card, for example, if you go abroad.

You're confusing the issues.

The actual price paid is irrelevant. It's a useful metric for calculating the amount of a subsidy, but it only works where there are two different prices.

The difference is between buying a locked phone and an unlocked phone, and your statements merely reflect what is tautologically true--you can use unlocked phones on other networks.

This is an example of consumer freedom. EDIT: You can say the consumer has the option of not buying an iPhone, that is of course true. But if you take Apple v rest of industry - Apple is constraining consumer choice for the device they really want to buy.

So what? If anything, it's an exercise in the fact that people have no will power and that they'll buy anything if they want it enough, even if it doesn't make sense.

Oh, even with the iPhone and AT&T you cannot buy yourself out of the contract and get it unlocked. With any other phone ( subsidised ) you'd be able to do this - and have the phone unlocked.

Not exactly, no.

"Service plan with ATT required for cellular capabilities ON EXPIRATION OF INITIAL TWO YEAR AGREEMENT"

I'm holding a box right here and it says nothing of the kind.

 

[thomasfxlt]

Section 1 and 2-C are interesting. (sorry about the long post, but it's pretty obvious most of us haven't read this)

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will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-
English versions, the English version of this License shall govern.
12. Third Party Acknowledgements Portions of the iPhone Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are contained in the electronic documentation for the iPhone Software, and your use of such material is governed by their respective terms.
13. Use of MPEG-4 The iPhone Software and iPhone Software Updates are licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4
Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid
for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be
obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
The iPhone Software and iPhone Software Updates contain MPEG-4 video encoding and/or decoding functionality, the iPhone Software and iPhone Software Updates are licensed under
the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4
Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by
MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. For
answers to frequently asked questions regarding use fees under the MPEG LA Visual Patent Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/products/qt/
faq.html.
14. H.264/AVC Notice The iPhone Software and iPhone Software Updates contain AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional
licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE iPHONE SOFTWARE AND iPHONE SOFTWARE UPDATES ARE LICENSED HEREIN ONLY FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED
BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.
INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

 

[HLdan]

Section 1 and 2-C are interesting. (sorry about the long post, but it's pretty obvious most of us haven't read this)

And if you think someone is gonna read it now.....Come on dude!

 

[BLACK MAC]

Has anyone noticed this. I created a Smart Playlist of Country Music. Several albums are title "Greatest Hits". It syncs fine, however when you try to scroll through them you only get one album artwork cover with all the tracks in them. Regardless of who the artist is. I thought it was an error on my part. But I sync my Nano, the playlist is how it is suppose to be. Anyone encounter this weird bug?

 

[TLewis]

If you buy an iPhone ( at FULL price of course ) your phone is tied to AT&T. You don't get a choice of carrier and a slim choice of contracts.

Do you see the difference?

You're still missing matticus008's point: Apple is legally allowed to do this.

Please understand that I am not disagreeing with you. The current situation sucks, and the ringtone situation sucks XXX XXXXXX XXXXX. I want my ringtones, XXXXXX!

The situation regarding paying "full price" for an unlocked cell phone is merely an unwritten marketing convention. There's no US law that requires this (AFAIK). Does it suck? XXXX, yes. However, Apple is free to do what they're doing, as much as you and I dislike it.

 

[Sobe]

I would categorize the elaboration as 100% derived from the law as it itself is opined (and not as though I would myself prefer, which is not always the same).

The part that is open to negotiation is the premise that a phone can be sold without a legitimate unlocking mechanism at all. That is, hacking an unlock code system would work irrespective of the firmware, and so Apple's decision not to include that functionality is what requires firmware modification incompatible with software updates. However, having read the lengthy discussions and open commentary sessions and amici while the new exemptions were still only being considered, it seems clear that the copyright exemption was created for this exact situation (where the manufacturer/service provider declines to unlock handsets). But here again, to argue the other side of this presumption, one would have to establish a precedent for a company being debarred from patching its own vulnerabilities--an unreasonable construction of any law. Further, to allow an act to proceed under this theory would largely invalidate the purpose of having the unlocking exception at all.

So there is no precedent for companies being debarred from rolling out security patches on the grounds that it violates the exemption?

 

[EagerDragon]

if the customer pays half price up front, then its a subsisized phone.. and that makes a difference.

I'm glad there's a load of Mac users who like being screwed over by their favourite company and don't mind Though I'm very happy to say that I'm not one of them!

As I said, Apple's strategy could end up being a precedence for other phone manufacturers following their lead - which is very negative change for the consumer.

Too much beer?
People have the rights that Stella thinks is right for them to have?

Sorry did not see that in any laws or constitution.

 

[shiunn]

now that the new firmware has been released, I have a quick question.
from here on out, what will the iphone's firmware be if I buy one from the apple store, or online store?
thanks

 

[Stella]

Too much beer?
People have the rights that Stella thinks is right for them to have?

Sorry did not see that in any laws or constitution.

Not in your country, probably not. However, in other parts of the world, consumer rights are more actively protected against contracts that are deemed too one sided towards the company ( read: unfair contracts ). The EU takes consumer rights very seriously and I'll be interested to see what happens in a few years time.