Bw if they do unlock it illegaly I read that you can download and upload all games for free, so apple won't receive $.
From the iTunes app store? If so, you read wrong, and it is a download from the app store only, not an upload. And it isn't Apple that keeps the $ for paid apps. It is the app developer for a paid app that keeps the $ and the party you would be stealing and cheating the money from if this were possible.
I think it would be wiser if they just gave the unlock code after 2 years so people can leggaly use the phone and itunes.
Apple and AT&T obviously don't agree. You develop and manufacturer a cell phone and/or a cellular network and you can do whatever you want. And if it were possible to download all paid apps from the iTunes app store for free with a hacked iPhone, why on earth would Apple be interested in doing so or why would the app developers who would be cheated out of the money be interested in Apple doing this?
If you are referring to downloading and installing unofficial software from unknown and untrusted sources, that is possible with a hacked iPhone. And the only reports about malware on an iPhone have come from downloading and installing unofficial software from unknown and untrusted sources with a hacked iPhone. Best of luck with that.