1. Unlocking a phone was never illegal, breaking the software encryption to allow unlocking was. This is what made it illegal to unlock an iPhone. You had to jailbreak it before you could unlock it. Jailbreaking an iPhone broke through Apples security encryptions to access the software to affect an unlock. Since RIM never included a software encryption barrier to unlocking, nobody ever broke the law to unlock their berrys. However, creating, using, or possessing software to unlock the iPhone is still violating copyright law, even though having an unlocked iPhone is legal. Like anyone with a brain would care if it were illegal.
2. The founding fathers were all wealthy businessmen or well off farmers, they knew the damage that copyright and corporate power could do to our union. They made specific laws to keep corporate greed out of the government. And, because they were wealthy, they also made laws that would protect corporations, giving them a level playing field. Patents were meant to expire fast, to give corporations a chance to profit from them at first, then so that any one may profit afterwords. Copyright was meant to function the same way. Corporate America has grown so greedy that it will feed on itself until it collapses, eating its own arm because its hungry, and drinking its own blood because its thirsty, so to speak. Case in point, patent trolls and patent holding companys. They make no products, yet they hold the power to profit from companys that do the physical work.