Right. And there is nothing stopping Apple from telling you to take a hike if you have problems with your jailbroken phone. I don't think this is really a big deal.

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I think it's fair for Apple (or any company who makes such a integrated hardware/software product) to refuse warranty service to products that have been altered. They are not trained to deal with every jailbreak configuration out there and probably couldn't provide very good service if they had to try. This is why PC support generally sucks so bad and they often tell you to wipe the machine clean and reload Windows from scratch. Having said that, I think that if you bring in your jailbroken iProduct for a hardware issue they should at least try and fix it, and restore to factory software if necessary. But as soon as the jailbreak hinders their ability to solve the problem it's reasonable for them to give up and let you enjoy your new iBrick.

That's the risk you take when you start hacking your devices. It's ridiculous that this sort of activity could be considered illegal.

There might be something to stop them. Only a lawsuit would settle that issue.

In reality, Apple may soon realize this is a blessing in disguise. They might be able to sell iPhones for use on other carriers without breaking their contract with AT&T.

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How many lawsuits did Apple start against people who jailbroke their phones and moved to another carrier? Or installed 'unauthorized' applications? Answer: None. So, again, this changes nothing.

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What could stop them? The agreement you agree to upon purchase isn't illegal in any way so there is NOTHING to stop them or to take them to court over.

I think it does change something. It now paves they way for t-mobile to support people in their quest to jailbreak. It also paves the way for advertisements saying "Bring your iPhone to our network". While there haven't been lawsuits against individuals, there also haven't been any carriers (T-mobile) help people to jailbreak/unlock their phones. If I were T-mobile I would create a ton of ads pointing out this breakthrough and tell potential customers that they will help them make the switch (of course there would have to be a disclaimer stating that it will void their warranty). Also T-mobile could help by striking a deal with Apple to get a price break on new iPhones. Depending on how the agreement, between Apple and AT&T, is written, this "deal" may not break it.

The legality of that agreement is unproven until someone files a restraint of trade lawsuit over it. The DMCA exemption would likely be used to support the argument that jailbreaking can't be a warranty violation. There are also first-sale doctrine implications, given the new LoC ruling.

The world is full of warranty agreements and licenses that wouldn't stand up in court.

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An agreement/contract can further restrict laws but they can't allow a party to break the law. So that means that their contract can go above and beyond the exemption.

As you said, we won't fully know until it is tried in court but (using what I know of leases) I don't see how the agreement would be shot-down (in regards to jailbreaking). My company bought my iPhone so I never saw the agreement and only know what I have read online.

I'm not saying the exemption creates new law, just that it provides a good legal argument that Apple can't restrain trade by voiding warranties if phone software is altered to work on another carrier, especially in the case of used phones.

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I understand. My stance is simply that I don't see it working. However, as you said, we don't really know until it happens.