Apple may "brick" unlocked iPhones

[Surf Monkey]

Looks like the rumors were true. Apple intends to play hard ball with unlockers.

 

[kloan]

Yeah, if they intentionally release an update that bricks unlocked iPhones, beyond repair, they're gonna have a major lawsuit on their hands.

All it'll take is someone to analyze the code to see if they coded it to attack the phone.. otherwise, there's no reason why a software update should do so.

 

[Complexis]

They have stated that unlocking the iPhone voids the warranty, so I can't picture any lawsuit against them.

 

[Surf Monkey]

Yeah, if they intentionally release an update that bricks unlocked iPhones, beyond repair, they're gonna have a major lawsuit on their hands.

Doubt it. You alter the software, you break your warranty contract no doubt. Once you hack the device, it's unlikely that Apple is under any obligation to make sure it works right from that moment forward.

 

[mach_zero]

Although there is a DMCA exemption that makes it legal for users to unlock their cellphones "for the sole purpose of lawfully connecting to a wireless telephone communication network", Apple does not have to honor their warranty if you violate it. That could be challenged in court , but I'm not sure it would get far under that premise. But having said that, I'd bet my next paycheck that someone will try and exploit some legal loophole under which to file suit based on the grounds that Apple deliberately broke their phone.

 

[Surf Monkey]

Although there is a DMCA exemption that makes it legal for users to unlock their cellphones "for the sole purpose of lawfully connecting to a wireless telephone communication network", Apple does not have to honor their warranty if you violate it. That could be challenged in court , but I'm not sure it would get far under that premise. But having said that, I'd bet my next paycheck that someone will try and exploit some legal loophole under which to file suit based on the grounds that Apple deliberately broke their phone.

BUT: notice how careful Apple was in their statement to say that the HACK is what ruined the phone, not something Apple did or will do. They strongly suggest that if the phone bricks, it was a function of it having been tampered with, not of anything explicit Apple did to intentionally make the phone useless.

"Oops. You hacked your phone and our firmware update just happened to brick it. Oh well. Not our fault."

 

[mach_zero]

True, but nowadays if someone can get awarded $2.9 million for spilling coffee on themselves at McDonalds I guess anything's possible. All I'm saying is that we're a "sue happy" nation and there'll be at least one disgruntled iPhone owner out there that will try it.

 

[joseluismb]

I'm planning to get an iPhone in a few weeks (too bad I can't get it before the update). If my iPhone ships with the new firmware (likely), I'll have to wait for it to be hacked.

How long do you guys think it'll be before we can use any SIM with the new firmware?

 

[JMG]

Voiding a warranty and intentionally breaking a device is NOT the same thing. If anything a software update should "un-unlock" the phone... not brick it.

Apple is looking more and more like the corporate monster in their "1984" commercial rather than the heroic free thinker.

 

[a113524c]

"They also didn't promise one way or the other if it would break the software. Apple, of course, knows if the firmware update will brick the phone. The various SIM unlocks are out there and you can bet Apple engineers are testing the firmware update against them right now. If Apple wants to try to brick their customers' iPhones, they surely can. If they want to leave them alone, they can also do that. "

This is a quote from 9to5mac.com. I think apple will try not to brick peoples iphones. If they do they will have a lot of angry customers. Even though it is not apples fault they have a bricked iPhone, those people will still be mad at apple. Because of this I think that apple will work around the hacked iPhones and try not to mess with them.

 

[mini.boss]

I was so close to being an iPhone owner. I had a Touch (which unfortunately isn't a good iPod, nor a good phone-less iPhone) so I was planning for an iPhone to be used as an iPod. I ordered a refurb and it arrived but with this news then I decided that there's too much risk so I sent it back and never opened it in order to avoid the restocking fee.

It's very likely that Apple is just spreading the FUD on this, but it's just as likely that the update will brick you. Apple is releasing the iPhone in Europe in November and it costs significantly more so this news works in that it definitely will deter importers. But the real question is whether or not Apple is bluffing on how hard they will play this game. In the end, the hardcore hackers will figure a way but average dopes like me may get stuck. So for now I'll get a Nano and in 6-12 months we'll see what develops in the iPhone unlocking world.

 

[espanoliPod]

apple is basically in control in this situation. they can just "un-unlock" the hacked iPhones, or they may go the harsher route and brick them. i personally think that apple will brick them, because they want to teach a lesson to those who messed with them and hacked the phones. i would be extremely cautious if i had an unlocked iPhone and wait to find out if the update really does brick the phones or not before syncing and updating the firmware.

 

[Dim]

apple is basically in control in this situation. they can just "un-unlock" the hacked iPhones, or they may go the harsher route and brick them. i personally think that apple will brick them, because they want to teach a lesson to those who messed with them and hacked the phones. i would be extremely cautious if i had an unlocked iPhone and wait to find out if the update really does brick the phones or not before syncing and updating the firmware.

Yeah, this should just be common sense. Anyone going out of their way to unlock their phone should be smart enough to know not to update the phone until they know what happens and whether or not it's fixable.

 

[deftdrummer1]

and on that note third party programs are really going to have to step it up now and put out some cool features. Right now media monkey is on the verge of getting their software together with iphone syncing. Only thing is all the unlockers could potentially be out in the cold when it comes to firmware updates that fix the glitches from apple. Then again I'm sure some smart cookies somewhere will find a way to load it externally.
As jobs himself said yesterday: "its a game of cat and mouse, we have a lot of cats". I think they intend to play hard ball indeed.

 

[mach_zero]

I think they intend to play hard ball indeed.

Indeed. Now they are going after hackers of the iPod Touch as well.

 

[Horty8342]

I know they might brick the unlocked phones but would this included the "jailbroken" iphones that can run the NES app and things like that.

 

[Surf Monkey]

I know they might brick the unlocked phones but would this included the "jailbroken" iphones that can run the NES app and things like that.

No one knows. They've taken a hard line against jail beaking the Touch but they've made more jailbreak-friendly statements about the iPhone. We'll just have to wait and see.

 

[kyussmondo]

It would be stupid of Apple to purposefully brick iPhones and make them useless if they have been unlocked. I paid for the phone and I did not sign a contact anywhere which says I have to be with O2 or AT&T. This is the problem with iTunes registration. I doubt it would be even legal to make a device someone owns unusable. If it is then they would have a lot of negative PR and customer complaints. Even someone as stubborn as Steve Jobs has to give into customer pressure in the end.

Apple should just release a firmware update regardless, if unlocked phones don't like it then that is the fault of the person unlocking it and should pay the penalty and get Apple to repair the phone without a warranty. Apple is known for its great new ideas, so it should release a firmware update between Apple and AT&T which makes people want to come clean to Apple and go on to AT&T. That choice should be there, and AT&T don't offer anything special apart from visual voicemail (nice, but not a huge deal).

 

[espanoliPod]

at&t made a huge deal with apple to get the iPhone EXCLUSIVELY for them. and that makes a lot of sense, because the way it was supposed to be was that if people wanted the iPhone, they had to get at&t. at&t knows that they will get a lot more customers because this is the iPhone, they know that millions of people are going to buy this (and they have, apple sold its millionth iPhone not that long ago). but, to both at&t and apple's dismay, the DVD kid comes along and changes that. now people have a choice. if you get an iPhone, you can use it on at&t like you're supposed to, or you can go with t-mobile. now, the people have the power. we saw all of this. now here's what i think we didn't see: at&t sees this and gets worried. then they see people unlocking the iPhone and using it on t-mobile. infuriated at&t executives meet with the apple guys. this wasn't supposed to happen to us, we didn't pay millions of dollars for an exclusive deal that was going to last a couple of months. the apple guys get worried, after all, these guys at at&t did pay millions for an exclusive deal that was supposed to last several years. they can't just say, too bad, so sad. they promise the at&t guys that they will fix this problem. hence, the apple guys threatening to brick unlocked iPhones. i think whether they brick them or just relock them with the software update, they had a damn good idea (a crafty one, but a good one), because people want the wireless itunes. and i wouldn't doubt that unlocking the phone after they come equipped with the wireless itunes app will disable it (wireless itunes). so, is apple wrong? yes and no. they do have a massive contract with at&t, and they can't just ignore that. if something comes that should threaten the iPhone's exclusivity to at&t, apple has to do something about it. but bricking the unlocked phones? that's crossing the line. if you made your software susceptible to hackers, that's your own fault. going on a rampage of revenge because people wanted a choice is not ethical, right, or just. if they do decide to brick them, i wouldn't doubt that a massive lawsuit against apple would occur, and i think that the people could win, which would be a huge blow for apple. wow, this was really long, hope i didn't bore you guys too much

keep us posted on what's going on with the update and your iPhones.

 

[Surf Monkey]

Great summation.

Something else to think about. We all gripe and moan about how the iPhone's software is in need of serious updates. Where''s Copy/Paste?? What about those three remaining application slots on the home screen? Wouldn't it be great if there was a To Do list? What about the ability to save files??

See where this is going? Every time Apple updates the iPhone with a new "must have" feature they disable all the hacked phones. Not necessarily bricked, just (as you point out) de-activated. Given all the possibilities in the iPhone as a platform, Apple could do this over and over again for years. You want the latest goodies? Of course you do! But to get them, you have to live with a de-activated phone for a few weeks while someone figures out how to hack it again.