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The second state is important as legal consequences are removed and the situation becomes subject to market forces.

If an ecosystem for adapting and jailbreaking phones or cracking DRM for fair use grows up, then it will start drawing customers in if that's what people want.

At some point some of the original sellers will realize that if they remove the original locks themselves, their customers will get their unlocked phone with less money (just buying price instead of buying price + unlocking price), and eventually the markets make the shift because they are no longer constrained by the old legal monopoly.

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