October 09, 2007
Apple faces law suit over iBricking
Apple is facing a lawsuit over its policy of disabling unlocked iPhones via the latest firmware update - v1.1.1.
Timothy P. Smith and the legal team of M. Van Smith and Damian R. Fernandez have filed for a class action lawsuit against Apple alleging that the company acted in violation of antitrust law.
The suit is based on two premises. Firstly that the tying of iPhone users into a contract with AT&T was creating an illegal trust in restraint of trad. Secondly that the rights of users to unlock their phones is protected by the the Digital Millennium Copyright Act, which provides an exemption for "the sole purpose of permitting owners of cellular phone handsets to switch their handsets to a different network."
However, the Act only protects the user from civil action and does not prevent companies from actively trying to prevent, or discourage, the unlocking in the first place.
Chance of the lawsuit succeeding? We give it 3 out of 10.
Source: iPhoneReviewer.com
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