The difference here is that there is a specific exemption in the US to allow unlocking of phones:
Quote:
|
The underlying activity sought to be performed by the owner of the handset is to allow the handset to do what it was manufactured to do – lawfully connect to any carrier. This is a noninfringing activity by the user. But for the software lock protected by § 1201, it appears that there would be nothing to stand in the way of a consumer being able to engage in this noninfringing use of a lawfully purchased mobile handset and the software that operates it. Indeed, there does not appear to be any concern about protecting access to the copyrighted work itself. The purpose of the software lock appears to be limited to restricting the owner’s use of the mobile handset to support a business model, rather than to protect access to a copyrighted work itself.
|
So, it is legal for the owners of iPhones to unlock their phones.
The question that is raised is was there specific code in the update to fubar the phone? If so then I think Apple should fix the phones.
This would be like an automaker making a deal with Petro Canada, then saying, if you buy my car, you must fill up at Petro Canada; and if you fill up at Shell your car breaks down and the automaker says you voided your warranty. As long as you weren't putting the wrong fuel in the tank you should be fine.
As long as these people weren't using their phone as a hammer, Apple should fix them.
Edit:
here is a link to the pdf from the US copyright office that I quoted.