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I believe the analysis of item #3 is incorrect. The explanation of not actually owning the product, while correct, is not the rationale for this section of the
by MJR 15y ago
I believe the analysis of item #3 is incorrect. The explanation of not actually owning the product, while correct, is not the rationale for this section of the document. Can anyone with legal knowledge back me up on this?
3. Licensing: The terms state, "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."
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.
"When you buy a book, you own the copy of that book but not the actual material," Handel said "What you are buying here is right to use music on certain devices."
The reference here is not to the items you're purchasing but rather "Products, graphics, user interface, audio clips, video clips [and] editorial content" - meaning the stuff they use to SELL/MARKET the music/movies/etc in iTunes, not the products themselves. They're talking about the reviews, the images, the sound clips or trailers, the actual iTunes interface - not the stuff you're buying.
- horser4dish 15y agoI'm not a lawyer either, but it seems to me that you are correct. They analyzed a different section (which is in several of their EULAs; under the Mac/iPhone App Stores' as "USE OF PRODUCTS AND THE SERVICES " and under iTunes' as "USE OF PURCHASED OR RENTED CONTENT") while quoting a section that stated that you couldn't reverse-engineer iTunes itself. A sample of what they're referring to: Apple is the provider of the Services that permit you to license software products and digital content (the “Products”) for end user use only under the terms and conditions set forth in this Agreement. [snip] You agree that the Services and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by Apple and its principals (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement.
- electromagnetic 15y agoI'm no lawyer, but from my understanding you're interpreting it correct. Apple would however, even if just as a proxy, technically own any movies you are renting, just as Netflix owns any DVD's they ship you, even if they'll eventually be returned to Sony or somewhere, or used as coasters or Frisbee's around the Netflix offices.