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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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