Additionally, iPhones that have been hacked to allow unauthorized third party software to be installed will be modified, although they won't stop working. Instead, all software not specifically allowed by Apple simply disappears.
An announcement from Apple did make it clear that software for unlocking the phones "will likely result in the modified iPhone becoming permanently inoperable when a future Apple-supplied iPhone software update is installed." When asked for clarification, an Apple representative stated that the company is not "proactively trying to disable any iPhone that has been hacked or unlocked by software," However, this seems to contradict a statement made by CEO Steve Jobs last week. At a London press conference officially announcing the iPhone's availability in the UK he said “It’s a cat and mouse game. We play it on iPods with DRM. We try to stay ahead. I’m not sure if we are the cat or the mouse. People will try to break in, and it’s our job to stop them breaking in.”
Despite the contradictory company statements, one major clue seems to stand out. Although the unlocked phones become inactive after the update, and can't even be used on AT&T's network, they can still make emergency (911) calls, as mandated by the FCC. In other words, the one thing that would have ensured a government investigation if it didn't work is the only thing that does. Though this certainly doesn't prove anything conclusively, it does raise legitimate questions that someone in the government should be asking.
Unless it can be proven that Apple is intentionally targeting unlocked iPhones with their updates, consumers have little or no recourse. If, however, a government investigation were to find that this is exactly what Apple is doing, it would drag the practices of tech companies like Apple (and many others) into the light for the kind of public scrutiny most other industries face.
If the scenario were truly one of an automobile manufacturer getting paid to ensure their cars only accepted gas from a single company there would be hearings in Congress starting next week. If it was determined to be legal, you can be sure a law would quickly be passed to outlaw it. Instead, since it's computer technology, which to paraphrase author Arthur C. Clarke seems indistinguishable from magic to lawmakers, the public appears to be left to their own devices for solving the problem.
A warranty that's void because of tampering with a device is fairly standard and certainly legal, although perhaps morally questionable when it comes to simple software modifications. Taking advantage of that to break legally purchased devices because their use runs counter to the manufacturer's business model isn't standard. If this is, in fact, Apple's strategy it also removes any questions about the plans immorality. If they want to keep their grip on the mobile device market apparently considered key to the company's future plans, they'd be well advised to consider all their customers, including the ones who think their $400 phone should work on any compatible network they choose.
Sources:
MacWorld
Digital Daily
Wired
Gizmodo