iTunes Policy Primer NET303 Laura Herbert
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A large percentage of people simply click or tick the 'agree' box for any number of Terms of Use/Terms of Service for software that they install without actually reading them. By agreeing, do you understand what you have agreed to? This Policy Primer explores Apple iTunes Terms of Use/Service with the objective of installing a little clarification for all users. This Policy Primer for NET303 depicts iTunes Terms of Use
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iTunes Policy Primer NET303 Laura Herbert
- 1. Have YOU read the ‘Terms of Use’ for iTunes before installing the software? iTunes Terms of Use NET 303 Policy Primer
- 2. I know I certainly didn’t read the Terms of Use when I installed iTunes. I ticked the ‘agree’ box like most and carried on. BIG OOPS! The opening paragraph of the policy asks the user to ‘Please read the agreement carefully BEFORE using the software. Does anyone ever read them? By using iTunes software, you are agreeing to be BOUND by the terms of the Terms of Use’. (iTunes, 2012) Do you understand what you have agreed to?
- 3. Things about iTunes that you NEED know...... The following statement effectively says that even though you ‘purchase’ something from iTunes, you are only leasing it from them. ‘Apple and any third party software, documentation whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the Terms of Use, and Apple reserves all rights not expressly granted to you.’(iTunes, 2012)
- 4. There are permitted uses and restrictions 1. Subject to the terms and conditions, you are granted a limited non- exclusive license to install and use Apple Software 2. You may not make the Apple Software available over a network where it could be used by multiple computers at the same time 3. You can only use Apple Software (iTunes etc) with Apple Software, (unless you are a webkit designer (http://webkit.org/), then you need a totally separate license altogether) (iTunes, 2012)
- 5. and artists retain their property rights by use of copyright: Apple states that the ‘Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner.’ (iTunes, 2012) You can’t share. Content is covered by copyright
- 6. You agree to not pirate the software: because Apple has rights... and a fantastic legal team arrrrrrr arrrrrr ‘You may not and you agree not to, or to enable others to: copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Apple Software, or any part thereof. Any attempt to do so is a violation of the rights of Apple.’(iTunes, 2012)
- 7. Although you can modify some things: You may modify or replace only Open-Sourced Components provided that: The resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single Apple-labelled computer. (iTunes (http://www.opensource.apple.com/) , 2012) And as a result: Apple iTunes are not obligated to provide any maintenance, technical or other support if you have modified Apple Software
- 8. You are effectively censored iTunes may be used to listen to materials either by remote access or on a computer, and is licensed to one person for personal use only
- 9. A right to Privacy? You agree to let iTunes gather information about your use from your personal computer/technology: iTunes will keep you but they need to know who you are first: IF you opt in for usage collection, you agree to let iTunes and third parties collect, maintain, process and use diagnostic, technical, usage and related information, including information about your computer, system and application software and to verify your compliance with the Privacy Policy contained in the Terms of Use. By agreeing to the Terms of Use, you give iTunes permission to use your personal information. Apple’s Privacy Policy can be viewed at: www.apple.com/privacy/.
- 10. Who has control? You CAN legally GIVE your iTunes away BUT there are some very specific conditions: ‘You may not rent, lease, lend, redistribute or sublicense the Apple Software.’(iTunes, 2012) Although you CAN make a one-time permanent transfer of all your rights to the Apple Software to one other person, provided that your transfer includes all the iTunes software component parts, original media and printed materials that you have. You, must not retain any copies of the iTunes software or material. That includes all copies stored on other computers or storage devices. (iTunes, 2012) When you give it away you have to give it ALL away.
- 11. Do you need an Apple ID and access to the Internet to use iTunes? YES.... iTunes ID enables access to Apple's iTunes Store which offers downloads of music for sale that requires access to your CREDIT CARD information stored by iTunes. Use of the iTunes requires Internet access. Use of certain services requires an Apple ID, which in turn requires you to accept additional terms of service. If you do not agree to the applicable terms and conditions for an account – you are not able to use the iTunes (basically you have to give Apple your information to access their content).
- 12. iTunes admits NO liability for rude content: they advocate freedom of speech By using any of the iTunes Services, a person may encounter content that could be deemed offensive, indecent, or objectionable. Every user MUST agree to use iTunes at their own risk because Apple admits no liability for content that may be found to be offensive, indecent, or objectionable or may or may not be identified as having explicit language......
- 13. cont. Freedom of speech? iTunes says YOU need to behave but they are not responsible if you don’t: Everyone agrees to not modify, rent, lease, loan, sell, distribute, or create derivative works in any manner, or exploit in any unauthorized way to NOT use iTunes to transmit any computer viruses, worms, Trojan horses or other malware. By agreeing to the terms, a user also agrees to NOT use iTunes in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. iTunes states that it is NOT in any way responsible for any such use by users, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions. (iTunes, 2012)
- 14. iTunes can take away your access without notification: Effectively Suspended or Terminated Apple reserve the right to change, suspend, remove, terminate or disable access to any Services at ANY time without notice if the user (you) fails to comply with ANY term(s) that Apple (iTunes) specifies. Apple may also impose limits on the use of or access to certain Services, without notice or liability. (iTunes ,2012)
- 15. Disclaimer of Warranties for iTunes – At your own risk iTunes is not intended or suitable for use in situations or environments where failure, time delays, errors or inaccuracies in the content, data or information provided by services could lead to death, personal injury, or severe physical or environment damage, including the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. Limitation of liability. By using the Apple Software, users agree that they will not use the software for any purposes prohibited by United States law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. (iTunes, 2012) (well now.....That sounds a little scary but justifiable)
- 16. Making Global Control simple?: The Terms of use are governed by in accordance with the laws of the State of California, U.S.A. The Terms of Service/Terms of Use are not governed by the United Nations Convention for the International Sale of Goods.
- 17. Different countries, different rules: Apple makes no representation that Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access materials, you do so at your own initiative and are responsible for compliance with any applicable local laws. (iTunes, 2012)
- 18. Language: Translation of the Terms of Use is done so that everyone can understand and in the event of a dispute between the English and any non-English versions, the English version of the License is the one that is used to settle things.
- 19. In the end, iTunes is actually very handy free software. Just make sure that you read the Terms of Use before you use it. iTunes Policy Primer by Laura L Herbert is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
- 21. http://icons.iconarchive.com/icons/dunedhel/kaori/512/Software-Itunes-icon.png http://icons.iconarchive.com/icons/nendomatt/apple-louvre/512/Apple-Store-Louvre-Front-icon.png http://www.iconarchive.com/show/ipad-icons-by-adidadidu/iPad-Front-Space-Background-icon.html http://www.iconarchive.com/show/aquave-metal-icons-by-vargas21.html http://www.iconarchive.com/show/i-icons-by-treetog.html http://www.iconarchive.com/show/hdrv-icons-by-esxxi.me.html http://www.iconarchive.com/show/ipad-icons-by-adidadidu.html http://www.iconarchive.com/show/mac-icons-by-archigraphs.html Apple Inc. (2011) Legal Information & Notices. Retrieved from http://www.apple.com/legal/terms/site.html iTunes (2012) Terms of Service Terms of Use. Retrieved from http://www.apple.com/legal/itunes/ww/ iTunes (2012) Open Source (http://www.opensource.apple.com/) Privacy (2012) Privacy Policy. Retrieved from http://www.apple.com/au/privacy/