With all the outrage over Apple's declaration of war on iPhone unlocking, few people realize (myself unconsciously) that Apple and AT&T have a Legal basis for their actions.

Nowadays, when you buy gadgets and software, you enter into an agreement with the manufacturer and your service provider, usually outlined in the manual or in the software itself. Quite frankly, nobody (myself included) takes the time to read the agreement, since we're too busy enjoying our new toys.

Anyone who purchases an iPhone enter into a provider agreement with AT&T, and into an End User License Agreement with Apple over the smartphone's software. The problem is that, without our knowing it, these agreements are usually one-sided. For the manufacturer or provider. Hardly astounding: why would you give up a chance to set the terms to your advantage?

As more and more of our lives are controlled by software, companies are using software (subject to both copyright law, EULA's and the DMCA) as a "lock" to keep us from doing things with their products or services unless we pay the beaucoup bucks

Not surprisingly, as with anything that has to do with the law, there's a lot of apparent inconsistencies with the agreements between Apple and AT&T's and their customers, enough to confuse even a veteran legal expert like Mark Rasch. Basically, it's about the balance between the personal rights of the end user and what a company can impose through a contract. Such as trying to limit deep linking.

All this thanks to the many laws that legally allow companies to limit what their customers can do, such as prosecuting those who are trying to circumvent copy protection. Which is why Apple and AT&T have legal basis to go after people who unlock their iPhones, even if they have the right communicate however (i.e., using any service provider) they want.

These many issues beg for a precedent-setting case. Unfortunately, does John Q. Public have the money and time to contest the agreements they unknowingly enter with their vendors? Probably not.

One thing's for sure though: I'm happy to be living in a country where the law isn't a popular resort for conflicts and disagreements. Sometimes, not having a piece of paper (literal or virtual) dictating many aspects of life is a good thing.