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Lawyer Says Unlocking iPhones Not Illegal

POSTED: 12:28 am CDT April 23, 2008
UPDATED: 1:05 pm CDT April 23, 2008

A legal expert said it is legal to "unlock" Apple's popular iPhone, although the move is not without risk.

It's good news for people who don't want to get locked into long-term contract with AT&T, the exclusive carrier for iPhones in the United States.


Reporter Grant Stinchfield's Blog
Video: Unlocking IPhones Not Illegal, Lawyer Says

"I think it's bogus," Scott McFadden said. "This is the land of the free and the brave. We should be able to do with it whatever we want."

A recent quick search on eBay revealed nearly 1,700 so-called "unlocked" iPhones.

Many U.S. cell phone users who don't want to get locked into an AT&T contract have taken the risk and opted for an unlocked iPhone.

"A lot of people I know, they don't like AT&T service, especially on the iPhone," David Miller said.

Lawyers said a recent federal copyright exemption allows many cell phone users to break digital locks on their phones in order to use them. Attorney Douglas Cawley said the chances of getting into legal trouble by unlocking an iPhone are "very remote."

But Apple has previously combated it with a software update.

"The effect of that patch was to reduce the iPhone to a fancy brick for people who had put third-party software on it," Cawley said.

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