You've Agreed To A Lot By Using iTunes Store
May 9, 2011
What language is contained in the new Terms and Conditions page for iTunes? More than you might expect, according to CNN.com.
Each time Apple revises its terms, consumers are greeted with the “iTunes Terms and Conditions have changed. Before you can proceed you must read & accept the new Terms and Conditions" message. Naturally, most of us accept those terms without reading one word of the document.
And why would we? The latest document is 56 pages.
However, the latest agreement includes language readers may find interesting.
For example, under Genius, the terms state:
"When you use the Genius feature, Apple will use this information and the contents of your iTunes library, as well as other information, to give personalized recommendations to you."According to New York technology attorney Mark Grossman, consumers should take away from this paragraph the following:
""It's a long-winded way of saying we (Apple) can figure out where you are through your IP address. You should assume that everything you do is tracked or trackable."This is particularly eye opening given the recent “locationgate” controversy. Since we've accepted Apple's terms, the company had every right to track our every move. Another issue is that of licensing. Some consumers might find it surprising that EVERY transaction in iTunes isn't of a product, but rather a "license." Accordingly under Licensing:
"You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips [and] editorial content ... contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright."In other words:
That sounds confusing. Handel explained it this way: When we buy something from iTunes, we are paying for the license to listen to music or watch a movie on our iPhone or other Apple device. But we are not buying the product itself and so we can't actually own it, he said.Jonathan Handel is a Los Angeles-based entertainment attorney. Finally, it's worth mentioning Apple isn't responsible for lost or deleted downloads. Under Loss of purchases:
"Products may be downloaded only once and cannot be replaced if lost for any reason. Once a Product is downloaded, it is your responsibility not to lose, destroy, or damage it, and Apple shall not be liable to you if you do so."This mean, according to Grossman, that anyone taking Apple to court over a lost digital file would lose very quickly:
"The contract clearly says 'we are not responsible,' and it's firmly established in the law."Of course, we as consumers have every right to not accept Apple's terms and conditions. However, in doing so, we could no longer make purchases. And this decision would make our iDevices much less versatile. What do you think? Leave your comments below.