iPhone owners’ lawsuit seeks to force Apple to hand over iPhone source code

Apple Online Store“iPhone owners charging Apple and AT&T with breaking antitrust laws asked a federal judge this week to force Apple to hand over the iPhone source code, court documents show,” Gregg Keizer reports for Computerworld.

“The lawsuit, which was filed in October 2007, accuses Apple and AT&T of violating antitrust laws, including the Sherman Act, by agreeing to a multi-year deal that locks U.S. iPhone owners into using the mobile carrier,” Keizer reports.

“On Wednesday, the plaintiffs asked U.S. District Court Judge James Ware to compel Apple to produce the source code for the iPhone 1.1.1 software, an update that Apple issued in September 2007,” Keizer reports. “The update crippled iPhones that had been unlocked, or ‘jailbroken,’ so that they could be used with mobile providers other than AT&T. The iPhone 1.1.1 ‘bricked’ those first-generation iPhones that had been hacked, rendering them useless and wiping all personal data from the device.”

“Several days before iPhone 1.1.1 was released, Apple threatened to take action against users who had hacked their handsets, saying that doing so would ‘violate their iPhone software license agreement and void their warranty,'” Keizer reports. “‘Unless Plaintiffs are given access to Version 1.1.1 source code, their ability to prove the size and scope of the Class affected by Version 1.1.1 will be severely compromised and unfairly prejudiced,’ the motion read.”

Read more in the full article here.

[Thanks to MacDailyNews Reader “leesweet” and “Robert S.” for the heads up.]

30 Comments

  1. I want Adobe to give me the source code for Photoshop because my hacked version stopped running properly. Should I get in touch with my lawyer?

    MDN Magic Word: “book” (as in “Throw the book at these fools.”)

  2. “”Several days before iPhone 1.1.1 was released, Apple threatened to take action against users who had hacked their handsets, saying that doing so would ‘violate their iPhone software license agreement and void their warranty,'” Keizer reports.”

    Ah, Psystar. The scope of that ruling makes this suit a big waste of time. The Psystar decision validated Apple’s enduser license agreement.

    This suit has no chance in hell of reversing that decision.

  3. Hmmm… Let’s see the logic here: You like my PROPRIETARY product (say a game, CG movie, HR software). You want the ability to hack it event though it violates our purchase agreement and warranty. So you sue to get the source code (the tricks and trade secrets in a proprietary product). Yes, I’m sure all commercial companies will support such user privilege. If you hot-rod your engine and the car doesn’t run anymore, I’m sure GM/Ford will spare no expense in helping you fix it up. Right…

  4. waa waa waa . . . i bought your device, agreed to use it on the network you chose, i altered it so that i could do what i wanted, then i upgraded using your software and i want you to fix my problems . . .

    Seriously??

  5. Seriously, if I’ve fulfilled my terms of the contract I had with AT&T;, my iPhone should be free and clear to use whatever GSM carrier I see fit. Give me the official unlock and I won’t have to resort to jailbreaking to unlock it.

  6. After eating at KFC, I came down with food poisoning.

    My only hope of winning my case? They must be forced to disclose their secret recipe of eleven herbs and spices.

    Otherwise, how else are my lawyers able to determine beyond a reasonable doubt, what it is that made me sick?

  7. Incorrect.

    Your license with ATnT may have expired, but your agreement with Apple continues for as long as you intend to use Apple’s product (the iPhone and its corresponding software).

    For all of you jail-breakers: if you’re going to unlock your iPhone, whatever. Illegal, but whatever…
    but Apple didn’t make you buy an iPhone, and Apple is therefor NOT required by law to help you unlock it.

    BeyondtheTech said:
    “Seriously, if I’ve fulfilled my terms of the contract I had with AT&T;, my iPhone should be free and clear to use whatever GSM carrier I see fit. Give me the official unlock and I won’t have to resort to jailbreaking to unlock it.”

  8. One thing that could stop all this, is to make it mandatory to identify the plaintiffs in the news story. Otherwise, how are we to know that the lawsuit or the article is real.

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