Originally Posted by lfmorrison
Exactly like, buying a television whose antenna is completely capable of picking up Martian News. but whose control software has been designed with the explicit intent of only picking up terrestrial broadcasts, making the necessary changes to the controller software to start picking up said Martian broadcasts, and then suing because the manufacturer decided to change its method of enforcing its Terran-only policy and released a resulting software update which depends on building on the baseline factory-default firmware - and incapable of functioning when added on top of certain versions of - but not all - modified Martian-friendly firmware.
That really isn't close neither. The difference is that Apple is blocking service to providers of essentially the same networking service. It is not an issue of Martian and Terran broadcast but an issue of GSM and GSM "broadcasts", where the primary difference is the service provider.
At the end of the day, I don't think Apple can reasonably be expected to provide ongoing support for every possible divergence that they might encounter from their official factory-default firmware due to the many different unofficial unlocking techniques that might evolve over time.
They may be compelled to offer a valid unlocking method though. Besides that they may be compelled to not to damage the iPhones with updates. This intentional damaging is a key issue with respect to the public madness that has resulted from this update. It is pretty difficult to imagine how this bricking is anything but a planed response to people choosing a carrier other than AT&T.
Therefore I don't think they did anything wrong in releasing firmware updates that aren't compatible with certain unlocking schemes.
That is not what people are complaining about. In fact the lack of compatibility would pretty much be expected. People understand and expect software compatibility issues
It is the mean spirited approach to the bricking of the iPhones that is the issue. If the updates bricking wasn't intentional then I don't think we would have seen every iPhone brick no matter how the unit was unlocked.
Are they in the wrong for refusing warranty service to help customers get their phones back into a factory-authorized state? On the one hand, their stated reason for voiding the warranty - that the users have violated the EULA - has a reasonable chance of being disproved, since the EULA already has provisions which could very easily be interpreted as granting permission for certain kinds of firmware modifications as allowed by applicable law - specifically, the law allowing the kind of modification which would be required to allow a phone to be used on a different network.
I see Apple as being responsible for the intentional bricking of the iPhones. Pretty hard to get around that.
On the other hand, warranty service wouldn't be required if the user hadn't made that modification in the first place.
There are already reports that this isn't the case. IPhones have been bricked without being carrier unlocked.
Even if the EULA hasn't been broken, there is an argument to be made that the reasonable man would have known that they might not be able to continue installing new Apple-approved software updates after adding some unauthorized ones of their own. Maybe the onus ought to be on the people who provided the hacks in the first place to provide a safe upgrade path.
The people providing the hacks are only offering what people are legally entitled to. I'm not sure why people get stressed over that idea.
In any event it is unreasonable for anybody to expect that Apple isn't capable of employing engineers that can produce a update that doesn't trash the iPhone. Due to Apples size and stature in the industry it is pretty obvious that they do have access to the best in the industry and is further evidence that the bricking is no accident.
On the third hand, the act of un-bricking the phone most likely can be done with a USB cable and appropriate software. At the worst, it most definitely doesn't require anything more involved than opening up the phone, attaching a JTAG probe, and about a minute of Flash formatting and re-programming.
I'm very much in agreement with that.
I wish the the best of luck in the other part of their suit - essentially obtaining an injunction requiring Apple to furnish a legitimate means of obtaining a network-neutral iPhone. I don't think it has a snowball's chance in Hell, though, because there simply doesn't appear to be any law on the books in the USA on which to base a mandatory unlocking system.
I'm not sure if a law is needed. We already know a person has the right to unlock their phone, by eliminating that ability Apple has effectively tried to infringe on individual rights through their software update. Seems like a liability to me.
It's one thing to say that such-and-such is not illegal. It's another thing entirely to then go on to say that, since it isn't illegal, such-and-such must by extension become mandatory.
True to some extent. The logical problem here is how can one have a specific freedom but then be enjoined from exercising that freedom due to corporate fiat. The rational logical response is that Apple needs to offer an unlocking program or an unlocked phone to meet these realities.
If the legal challenges are successful, Apples approach will likely to be to offer an unlocked iPhone for several thousand dollars.