Saturday
Sep292007
What if...
Saturday, September 29, 2007 at 8:06AM
What if you bought a computer that you couldn't install any of your own applications on? (Stupid, I know, but what if?)
What if that computer required you to sign up for two years Internet service with one particular company, and prohibited using any other ISP? (Not that the ISP subsidized the price or anything - the computer wasn't cheap.)
What if some bright guys came along and figured out how to install your own applications on the computer? And then showed you how to choose your own ISP? You'd do it, right? I mean, why not, it's your computer. But wait.
What if the company that made the computer sent down an update that checked to see if you had installed your own applications and deleted them if so?
What if that same update checked to see if you were using the required ISP, and if you weren't turned the computer into a useless, unfixable, piece of glass and plastic?
Would you ever buy a computer from that company again?
Would you ever trust a company like that again?
Addendum: Some Apple and cell phone customers seem to be suffering from Stockholm Syndrome, so let me put it another way.
Let's say you're selling me a cow. You tell me that that cow is being sold for the express purpose of making milk. I agree, and buy the cow.
Later I decide that I'd prefer to make cheese. You say that's a violation of our agreement and kill my cow.
When I paid for the cow it became my property, to do with as I please. If you don't like how I'm using it you may choose not to do any further business with me but you don't get to kill my cow.
And, by the way, warning me you'd kill my cow if I keep making cheese doesn't make it all right.
The lawyers will point out that contractually I agreed to your terms. True. But I don't think the contract said anything about killing the cow did it?
Apple's sole redress is to halt all support of my phone. If we let Apple destroy our property for not following the rules we're telling the music industry it's ok to destroy a hard drive containing illegal songs, the cable company to fry our TVs for stealing cable. That is vigilante justice and a direct threat to the rule of law.
tagged Apple, Gear, Technology, iPhone in Blog
Apple, Gear, Technology, iPhone in Blog
Reader Comments (193)
My TiVo is a Linux box. If I decided to hack it because it's only a computer, after all, and then destroy the holy hell out of the thing, I'm not going to start badmouthing the TiVo people for locking the box down and explaining to them that the airwaves are owned by the public and why can't I pause live TV anymore?
The iPhone problem has a simpler solution -- don't update the software. You've made your deal with your own devil: you've hacked the phone you bought. Apple doesn't have to accommodate what you've done to the phone, any more than the TiVo folks - to whom you have to pay an extraordinary monthly fee for the television listings -- should never update their software for fear of breaking some third party application that they said from the start they wouldn't be supporting.
I would very much like to live in the perfect world Leo describes in which we can travel around with our phones anywhere we want with any carrier we want without any lock-in. But that's not reality. That's a world that so many iPhone hackers have decided that THEY live in and now want to smear Apple's name because of their own stubbornness. I'll live over here in the real world, where my locked in contract with Verizon makes this an easy decision -- I can't afford an iPhone, so I won't be buying one. ;-)
Maybe someday we'll get to that world, but expecting Apple to work a miracle like that overnight is too much. Just look at the grief they get from the music companies and TV companies.
9/27/07 A day which could signal the end of free and open technology.
I think people are missing the point here. It’s not about Apple or AT&T.
It’s about your right of freedom to access technology.
I’m sure there are technology companies who are eagerly waiting in the wings at this point for the dust to settle on the iBrick. And if this move on Apple’s part stands, you will begin to see rampant “crippling� of other technologies. We know technology companies are itching to do this.
Is this what you want? Are you willing to give up your freedom of access to technology because the creator of said technology said you weren’t operating it the way you were told to?
Legalities aside, this is more importantly a matter of precedent which will have FAR more lingering effects.
btw, what makes everyone so sure that this 'damage' is permanent? maybe you're all (including leo) just playing into jobs' bigger plan. he is a pretty smart businessman, for sure. maybe he can get a hundred bucks back on each phone he can 'fix'? you know, kind of like a Reverse Rebate.
;)
[...] also caught Leo’s latest rant on the iBrickify rants by Apple. While I agree with him on some points that speak to the desires of [...]
db, nice take on the issues except I'm not sure if the judgements "it’s wrong that the latest update is bricking phones" and "it’s wrong that they won’t let you install 3rd party apps" really matter. Sure, if I were king of the world, they might. :) But meanwhile...
Your analogy wrt using a screwdriver like a hammer is good. Furthermore, when I've had to use a screwdriver like a hammer 1) I never expected it to work as well and 2) I sure wouldn't have complained to the hammer maker about it.
Actually, these analogies can get stranger and funnier, given too much spare time.
money money money by the pound for apple
I wish there was something in the iPhone EULA that forbade people from making overblown, torturous analogies. :)
And "Stockholm Syndrome"? Give me a break!
Between the feel-first, think-later excesses of Leo on the one side and Scott Bourne on the other, I'm seriously considering unsubscribing to MacBreak Weekly. I can get that on afternoon commute, small town, conservative call-in AM radio any day of the week.
@AndyP
Actually, I disagree with your extreme analogy here. This is more how I view it.
What if, GM/Ford whatever came out with some new features. When they tried to install that feature they didn't know how the modifications you personally installed on it acted and after their new (and free) modification that would make your car do something it didn't do before made your car not work right anymore because the combination of what you did and what they did broke it.
That's the Apple iPhone vs. the iPhone Dev team part. That's not the AT&T part mind you.
Best thing I can think of is if Ford said that only your car would work with Texaco gas stations. While texaco is available just about everywhere in the US with a few exceptions, and the car isn't sold in those locations (Thinking Vermont and AT&T here) or people that come from other countries don't have Texacos where they come from.
Texaco also pays this car company every time someone fills up their car, giving the car company a revenue source.
It's not that Texaco gas is inferior either. They work pretty well with a few exceptions here and there. But the other gas companies have the same problem. Sure there is one or two gas companies whose gas is completely different, but at the end the result is the same, the cars that work with that gas go just about the same places the other cars with Texaco gas do.
Oh, and before GM/Ford whatever made their car there were tons of other companies who did the exact same thing. They made their car only work with one gas companies car. But for some reason, when GM did it, and people tried to stop it from working that way they screamed and wailed and said that people that thought the GM/Texaco thing was ok and not a big deal were idiots and likened them to kidnap victims and all sorts of bad things.
Meanwhile, 95% of the world rotated on, and didn't give a rats but that they had to stop at texacos to fill up. The other 5% stood there and screamed at them for what they were missing, and they didn't care.
What happens when you buy an Xbox and modify it's hardware to pirate games? Sure it's your property and you could do anything you want to it. That doesn't mean Microsoft will keep allowing you to do that.
The people who tried to update a 3rd party modified iPhone were warned twice. They knew they were skating on thin ice. To me, yea sure it's a computer. So is an Xbox. Don't expect to get support from a company who your trying to circumvent doing business with. In this case AT&T. Apple has an agreement they have to hold up to. It's the same with other carriers around the world. The only thing Apple has against 3rd party apps is the possibility of a VOIP app. That's the real reason for no SDK.
Leo, this isn't a desktop. The word computer is extremely broad to include basically anything with a micro chip....and these days toys come with microchips. So please quit with the bogus analogy. If you want to complain about being locked into a contract don't blame Apple about it, blame the FCC. They are the ones who are protecting the carriers and allowing them to behave like this. Also, it's unknown if there is any subsidization going on with iPhone, so the two year contract might serve a purpose.
I'm tired of hearing about this crap....why don't people complain to Motorola, Samsung, etc.?
Just to add a small voice of support for Leo, I totally agree with his point of view. I think what Apple has done is stupid, and I really think they should know better. Incapacitating 3rd party applications and unlocked phones would have been expected and acceptable (although I think it would be smarter to let the 3rd party apps be). Having to restore the factory settings is fine. Breaking the phone is not. Legal or no (and I think a case could be made for illegal), it's just not the way you should treat your customer. If Microsoft had done something like this, the company would have been (once again) branded the devil and people would be screaming foul. Contrary to what the Cult of Mac seems to think, Apple can do wrong and when they do they should be called on it. I sincerely hope that this is a battle that Apple doesn't win, because I really don't want this precedent set.
We are not talking about hacking in order to allow the iPhone to do what it was not intended to do. The DMCA specifically provides an exemption to allow circumventing cell-phone lock down technology:
Section 201.40: "(5) Computer programs in the form of firmware that enable wireless telephone
handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully
connecting to a wireless telephone communication network."
There has been no attempt to change the basic operation of the iPhone or to make it to anything other than perform its basic functions using other than AT&T service. This is specifically allowed by law, regardless of what Apple and AT&T want. By "bricking" the iPhone, Apple is violating this law. They are intentionally blocking the owner's legal right to use this phone with other services. They should be sued via class action and also prosecuted in all 50 states. This is clearly a case of Apple violating the law. Stop all Apple purchases (including iTunes) until Apple decided to follow the law.
I wish I had not updated to firmware 1.1.1 because now I can not have those great 3rd party apps. Does anyone know if they are working on getting on getting the apps to work on 1.1.1?
If you are dumb enough to do business with Jobs you deserve what you get.
Removing the roll back feature means he meant to brick the machines and teach people a lesson. Nasty dude.
I just read the terms of service from AT&T they sent me. They remind me of the terms of service as written by Microsoft. None of them have any respect what so ever for their customers.
OK Folks one more time with the car analogy:
When you read the Apple iPhone agreement http://images.apple.com/legal/sla/docs/iphone.pdf it says right in the beginning:
"1. General The software (including Boot ROM code and other embedded software), documentation and any fonts that came with your iPhone, whether in read only memory, on any other media or in any other form (collectively the "iPhone Software") are licensed, not sold, to you by Apple Inc."
So yes you may own the hardware (iPhone/car) but Apple is only granting you a license to use the software, you do not own the OS on your phone. So you own the car but you do not own your license to drive it. (like the real world)
AT&T owns the roads (Edge network) and makes the rules to drive on their roads (that they built to make money). The drivers manual to AT&T's roads is here: http://www.wireless.att.com/learn/articles-resources/iphone-terms.jsp
Unlocking the iPhone and some (but not all) of the 3rd party apps (eg: VOIP) break the rules of the road as spelled out in the drivers manual.
So basically some of you people lost your license to drive on AT&T's roads in your hot rodded cars/iPhones. And like when you lose your license to drive in the real world you are stuck with a car you paid for but you can't use in your garage. It's not the car makers fault (Apple), it's not the road builders fault (AT&T), it's your fault for breaking the rules and getting caught.
The thorn in your side is the ATT contract which is an ongoing contract for 2 years; if ATT has the perception that revenue is being lost because you're use of T-Mobile on top of the contract with them is diverting revenue that could have been theirs, then you may be "stealing" from them. ATT could argue that the extra fees they count on from your being a customer (ringtones, you-name-it surcharges) are more likely to occur on your actively used (not dormant) T-Mobile account. I see this as ATT-driven.
Once again, Leo cuts right through to the heart of the matter. Well done!!
I think sometimes, Leo, you miss the point. The entire cell industry exists within legal and legislative paramaters. Is it wrong that you can't let your phone do all the things that you'd like it to do? Sure. But it's not really Apple that's to blame. It's a situation much like the iTunes store. You could, at the time of its inception, have complained that it had DRM. Yet what was the protection-free market? Ripping CDs and torrents. Without iTunes, it's doubtful that online music would have gotten started. And now, Apple is finally getting some competition. The Amazon store is great -- but you'll notice, it is selling without DRM. Now it has a chance, and again, Apple got that started.
So they entered the phone market with the Rokr. Ugh. The apple techs got to see how ugly the business was. They produced a wonderful phone. But it's as dependent on the networks, which are not run to the consumer's benefit. Would the iPhone sell on a truly open network? Sure. But there isn't one.
You mentioned, on the Tech Guy on the 29th, that Nokia sells smartphones unlocked. Well, most of their phones are fully subsidized, so they can afford to do it. My instinct tells me that Apple selling an unlocked phone would be shunned by the cell providers. It's new on the market. Apple couldn't have gotten data plans at such a reasonable price, could they?
So I think we need a political understanding to pressure the companies to change. Apple started selling Blue Boxes, that hacked into AT&T long distance, and allowed Jobs to call the Pope long ago.
It's not all about Apple, plus or minus.
[...] sinks from Apple and tell you how much better they are than any other sink is mad at Apple. LEO is angry with Apple! [...]
Bunch of whiners. You broke the rules you agreed to. Take your punishment and shut up.
"When I paid for the cow it became my property, to do with as I please. If you don’t like how I’m using it you may choose not to do any further business with me but you don’t get to kill my cow."
Fer cryin' out loud, Leo, Apple didn't kill your cow. They gave you a knife and told you that if you used it, it would add functionality to the cow, making it a steak (and maybe a nice pot roast), but as a side effect it would kill your cow. If you like your cow the way it is, don't take their knife. If you like your iPhone the way it is, don't take the upgrade. C'est simple, n'est-ce pas?
What if I invited them in to kill my cow and then complained about it afterwards? ??
Yes it sucks to have a dead cow. But you bought a milk cow. If you wanted a cheese cow, you should have bought one.
I love and admire Apple in many ways. This time they went too far. Leo is right. This is America and private property is a staple of our society. We all have known for a long time that Apple can be arrogant but breaking people's personal property is just wrong.
Well, the bricking did not last too long, as they have successfully unbricked iPhones, and using the same technique, rolled-back and unlocked new 1.1.1 firmware phones.
http://iphone.fiveforty.net/wiki/index.php/Downgrade_from_1.1.1_to_1.0.2
The really funny aspect of this is that the iPod touch, which had resisted all attempts to crack it, was cracked using he same technique, allowing the 1.02 code from the iPhone to be uploaded. Now the iTouch is jailbroken and apps can be uploaded.
So, in their effort to control, they managed to have folks discover a way to unlock the iTouch.
Apple - 0 Dev Team - 2.
I'm still happy with my iPhone, all crazyness aside.. and happy it is on T-Mobile.
Leo
I think you are overreacting here. Apple released a product and said that you were only allowed to use it on the AT&T network and that you weren't allowed to install 3rd party applications on it.
You bought it knowing, better than most, what those restrictions meant.
You also knew that there was more than likely a contractual requirement that Apple had agreed to to ensure that the phones remained locked. There might even have been a clause that said that Apple aren't allowed to let people load 3rd party apps on the phone.
So when Apple warns you and then carries out it threats, acting like a two year old and throwing your toys out of the cot really makes you look bad.
Apple are doing what it needs to do to protect its contract with AT&T and its business model in the cell industry.
I don't like the way they do business but if that is what they want to do then I can decide (when the iPhone is released here) not to buy one.
Leo, its sounds like your starting to lose faith with Apple. I completely agree with your posting here, its my hardware and I can do what ever I want with it. I think Apple will make a lot of people mad if a update come out that bricks your phone if it has been unlocked.
This whole iphone saga is a chink in the armor of Apple, suddenly it seems that Apple is no less greedy and manipulative than other massive corporations, and I think that has shocked a lot of fan boys out there.
Everyone was all to happy to pay for the phone and go on a 2 year plan when they bought it, but now its not the newest thing out there, people are waking up from this honeymoon phase with their iphone and actually wanting more use and functionality from it, so the unlocking happens.
But don't forget that you did sign a contract with AT&T for 2 years of service, and I'm sure AT&T are very angry at all this loss of revenue from unlocked phones, and I think this will force Apple into implementing a update that will brick your phone or force you to reset the firmware to a factory state.
But anyway I cant wait to get my hands on a iphone, but New Zealand will be one of the last western country's to get it lol.
keep up the good work Leo, your a God among men.