In its final judgment n. 33768 released on Sept. 3, 2007, the Corte di cassazione (Italian Supreme Court) Sezion III penale, seems to have overruled the previous decision by Bolzano’s Lower Court asserting the right of a consumer to hack a Sony Playstation. If confirmed – the decision text is still not available – this might negatively affect the conclusion I’ve drafted in my previous post about the Iphone unlock legal issue.
What legal liaisons are between a hacked PS2 and a hacked iPhone?
Iphone – like PSP – is a computer. Trying to hack a computer you purchased should be allowed. Copyright holders say that you actually can’t do it to software because of its “nature” (licensed, not sold). Further more, copyright law forbid the use of tool to circumvent software’s protection measures (such as RCE, CSS, etc.) and the law can be interpreted so that these kind of limitation can be enforced to Iphone’s unlock systems.