I feel that I have to mention that the DMCA only protects against copyright violations, so in this case, Apple can't sue the user of an unlocked iPhone for copyright violation. Anyhow, chances that Apple can/would sue over this are pretty slim, however, if a user willingly downloads an update which Apple provides, it's really not Apple's problem (even though it might not be very nice).

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Link to this comment: http://www.securityfocus.com/comments/newsbriefs/599/2192#2192