25 Ent. & Sports Law. 18 (2007-2008)
The iPhone - Hacking and Cracking and Copyright

handle is hein.journals/entspl25 and id is 98 raw text is: The iPhone
Hacking and Cracking and Copyright
BY CHRISTINA SCELSI
pple's iPhone was among fall 2007's most anticipated technological
releases. As is known, the device merges the popular iPod with cellu-
lar phone and mobile computing technology. The buzz surrounding
the release of the iPhone not only involved the technology itself, but also if
and when the new technology contained on the iPhone would be cracked
by hackers. Indeed, just two months after its June 2007 release, the world
learned that teenager George Hotz successfully cracked the iPhone. In
so doing, he made it possible to use the device on any cellular service
provider's network, opening the door for consumers interested in the
iPhone, but not necessarily interested in switching to AT&T service. He
also opened the door to international consumers to use the technology.'
The successful hacking of the iPhone presents a number of questions as
to how such knowledge will be utilized in the marketplace, as well as
whether doing so is permissible under the Digital Millennium Copyright
Act (DMCA). Furthermore, the new iPhone interface and the ability to
purchase music through its Wi-Fi feature present great promise for the
growth of the mobile music market, in the form of both new music stores
and devices.
BACKGROUND
iPhone
It is commonly known that the iPhone combines a number of devices into
one, including a cellular phone, mobile Internet, a digital camera, and the
functions of an iPod. And it features a highly touted touch screen interface
that allows users to complete a variety of functions, from dialing phone
numbers to composing e-mail messages to manipulating various other
menus, all by using taps and strokes of the finger. Initially, Apple intro-
duced the iPhone in four- and eight-gigabyte versions, but discontinued the
four-gigabyte model after only two months. Among its software features are
Bluetooth functionality, Wi-Fi compatibility, e-mail, as well as audio and
video playback.2
The iPod feature of the iPhone represents the future of the stand-alone
iPod, as illustrated by Apple's subsequent introduction of the iPod Touch,
which includes the interactive touch screen, as well as the ability to down-
load songs from iTunes through the Wi-Fi connection.3 In addition, the
Cover Flow feature of the iPhone's iPod allows the listener to experience
music in a fashion more akin to looking through one's own music collection
by displaying album covers one after the other. The Cover Flow function,
previously available on the personal computer version of iTunes, is now
available, and even improved by the superior display of the handheld device
on the iPhone. As part of the integration of the iPod into the iPhone, the lat-
ter features an integrated speaker that allows users to listen to music with-
out headphones, and keeps the headphone volume independent of that for
the speaker, preventing unpleasantly high volume levels when switching
from the speaker to headphones.
The device's limitations in terms of service providers and applications
are driving attempts to unlock the iPhone. First, the iPhone is currently
only available in the United States and Europe, with Apple reportedly mak-
ing deals with providers T-Mobile, Orange, and 02 for other markets,
including Asia.4 Second, service for the iPhone is reportedly limited to the
AT&T wireless network, with whom Apple is believed to have a five-year
exclusive contract.5 Because the iPhone has only been available for less
18   Entertainment and Sports Lawyer / Volume 25, Number 3 / Fall 2007

than a year, and most consumers
purchase their phone as part of a
two-year contract, the typical unlock
codes given out by some providers
at the end of a contract are over a
year off. Accordingly, they are driv-
ing the interest in unlocking the
iPhone for use on other networks.6
Interestingly, the only other U.S.
wireless provider whose network is
currently compatible with the net-
work technology in the iPhone is
T-Mobile.v And there is great inter-
est among users in creating applica-
tions for the iPhone, as many have
done with their Apple computers.
Finally, the limitation of the
iPhone's use, both geographically
and in terms of providers, has not
only frustrated consumers, but also
caught the interest of Congress as a
potential antitrust violation.
Hacking
While George Hotz's hacking of
the iPhone was the most high profile
of such attempts, his was neither the
first nor the only way in which the
iPhone has been cracked. In fact,
Hotz himself as well as other groups
have used a number of different
methods to hack the iPhone.
The earliest of the successful
attempts to crack the iPhone came
from computer security researcher
Charlie Miller at the annual meet-
ing of the computer security group
Black Hat on August 3, 2007. In
describing the method he and his
team used to crack the iPhone,
Miller pointed to a number of idio-
syncrasies that exist within the Mac
platform, which ultimately make
Apple computers and devices like
the iPhone more vulnerable to hack-
ing and other security infiltrations.
Miller used a hacking technique
known as fuzzing to crack the
iPhone, which loads large amounts
of code on to the system to force it
into being compromised through
analysis of the crash reports to find
the best method to infiltrate the
system. While this method was
effective, Miller subsequently
advised Apple of the security flaw
and the company has since released
a patch to resolve the issue.
Other methods used by groups
such as UniquePhones.com and

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