Apple's release of the iPhone was a highly anticipated event, promising to revolutionize the cellular phone industry as the iPod had previously done for the music industry. Like most cell phones though, the iPhone was tied to one carrier: AT&T. This restriction was untenable to some enthusiasts, who promptly "unlocked" the device for use on other carrier networks. Because doing so meant that customers could circumvent an AT&T service contract entirely, the situation threatened to undermine the Apple-AT&T business relationship. In response, Apple released a software update that crippled unlocked iPhones, and AT&T threatened purveyors of unlocking software with copyright lawsuits. This comment argues that the contractual provisions that portend to prohibit unlocking and justify Apple's conduct are likely unenforceable as unconscionable under California law, and that AT&T's threats based on copyright law are legally unsound and a misuse of copyright law. If nothing else, the iPhone "bricking" fiasco has put an exclamation point on consumer discontent with the anticompetitive U.S. cell-phone industry, and ultimately may serve as the harbinger of true cellular freedom.
