As if my timing couldn't be any better...
The recent Library of Congress decision to allow for the jailbreaking of iPhones and the ability to install applications deemed inappropriate or not up to Apple's standards is a perfect example of what I was just talking about in my last blog. Everyone is so happy that they can now hack their iPhones "legally" and install porn apps that they're missing the bigger picture (yet again).
Apple (it could be any company) has designed a consumer product that no one is FORCED to buy, and has made a legal and exclusive contract with a carrier (another company) which was mutually agreed upon by these two private parties. Now some government bureaucrat has decided that it wasn't "fair" that people weren't allowed to bypass the device maker's design intent and use control of its own product. Silly rabbit... At least they allowed Apple to keep the ability to void the warranty if it is jailbroken (for now, I'm sure).
What these people are missing is if the donkey camel doesn't already have its nose inside the tent, it is in now. The precedent has been established. What's to stop another well meaning or well lobbied bureaucrat to decide to bypass contractual law and alter the use of a private company's property (intellectual or material)? What has happened here is that the owner of the intellectual property (Apple) has lost its control of its own intellectual property to the state. Plain and simple. If the state has any control of your product, they can force you to do anything they want.
I'd like to have Bungie port Halo to the PS3, but I know it's wrong for me to force to judge to nullify exclusivity contracts solely because its inconvenient for me. I have options - buy an X-Box or plead my case with Bungie/Microsoft. Same with the iPhone. If you don't like the carrier or closed ecosystem, DON'T BUY ONE! You have a choice to buy a product as it is intended from the manufacturer, not the right to force the manufacturer to make it as you want it.
Silly rabbit...