On Feb 18, 2011, at 1:53 PM, [email protected] wrote:
> there is a principal in English Common Law (which is the foundation for 
> much of western law) called First Sale, which says that once you sell 
> something to someone else you no longer can dictate how it is used.

That principle is also well-established in the current US caselaw where it was 
held that jailbreaking a phone is *NOT* illegal.

So you *can* "use your iPhone" however you want.  

That said, though, there is no legal requirement that Apple change its 
pre-installed software to make it easy for you to do so. Nor that they be 
required to have their software run on the "hacked" platform. Nor that they 
provide you with any sort of support for your hacked iPhone afterwards, as it 
falls under your typical "voiding the warranty" type of under-the-hood 
modifications.

You're perfectly within your legal rights to buy iPhones, distribute a tool for 
jailbreaking them, and create a parallel marketplace infrastructure. The people 
who wanted to partake in your infrastructure would have to be aware that they'd 
be abandoning support from Apple, any chance of future software updates, and 
possibly even that the CURRENT software would continue to work (in which case 
you'd have to be prepared to deploy your own OS onto that hardware for your 
customers to use).

That would all be perfectly legal.

D



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