Why is the iPhone not subject to the DMCA exemptions?

Discussion in 'iPhone' started by 0970373, Jul 5, 2009.

  1. 0970373 Suspended

    Mar 15, 2008
    I really hope the next version of the DMCA (Digital Millennium Copyright Act) addresses this. All other cellphones can be unlocked for the "sole purpose of lawfully connecting..." under the DMCA exemptions but why isn't the iPhone subject to this?

    I'm not talking about jailbreaking for the sake of putting cydia apps on your phone but being able to use the phone with other carrier SIM's if you are traveling. I, personally, am not planning on leaving AT&T and have been a long time customer but I do travel internationally and when the regulation came out, I was able to officially unlock my old BB and use it overseas. Why is AT&T's iPhone exempt from this exemption?

    I ask because I found out I may be going overseas for a couple of months and want to be able to use my 3GS. The country I'm going to is an officially unlocked carrier but obv. I still can't use my 3GS with their SIM.

    Please, no flaming. I'm truly trying to understand this. Thanks.
  2. Maverick713 macrumors 6502

    Jun 14, 2009
    Houston, TX
    you can try...

    Calling AT&T and see of they can do anything for you, especially if that country has the iphone as well.
  3. jackiecanev2 macrumors 65816


    Jul 6, 2007
    Wirelessly posted (BB 8900: BlackBerry8900/ Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/301)

    Att has it written into their terms of service - which you agree to by purchasing and activating your iphone - that the phone is not to be unlocked and used on any other carrier. As for DCMA, I was under the impression that it did not blanket-cover all cell phones on the whole...
  4. Phil A. Moderator

    Phil A.

    Staff Member

    Apr 2, 2006
    Shropshire, UK
    AFAIK the DMCA exemption means you can't be prosecuted for reverse engineering the phone for the sole purposes of unlocking it. It doesn't mean the provider has to do it for you
  5. 0970373 thread starter Suspended

    Mar 15, 2008
    Yes, this I understand. But Apple is saying that JBing your phone is a violation of the DMCA's copyright law because it changes their code. But JBing is the only way to unlock currently. So in effect the exemption to unlock the phone is blocked because of this, which I think violates the exemption...and it becomes this big ugly circle of legalities. (what? I'm not sure if what I just wrote made sense. lol)

    Anyway, thank you all for your responses. I do find all of this fascinating.
  6. Moi un Mouton macrumors 68000

    Mar 18, 2008
    Bracknell UK
    What apple are saying is wishful thinking on their part, it would seem that the DMCA applies just as much to the iPhone as any other phone.

    Luckily apple does not run the courts, afaik

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