Apple's Death Wish?

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Richard Bennett <richard () bennett com>
> Date: March 25, 2010 4:14:49 PM EDT
> To: dave () farber net
> Subject: Re: [IP] Apple's Death Wish?

> Probably relates to export controls on the encryption and/or  
> licensing restrictions on the content. I doubt that the average  
> consumer really cares one way or another, and also doubt that it's  
> anything new.
>
> On 3/25/2010 1:04 PM, Dave Farber wrote:
> > >From: "Randall Webmail" <rvh40 () insightbb com>
> > >To: <dave () farber net>, <dewayne () warpspeed com>
> > >Date: March 25, 2010 02:23:16 PM EDT
> > >Subject: Apple's Death Wish?
> > >
> > >
> > [[Note: The author is an American muon physicist at the Canadian  
> > nuclear research institute, TRIUMF]]
> >
> > This just in.  On vacation in Mexico, I went to download an app to my
> > iPod, and got the following notice (68 pp, of which I am mercifully
> > displaying only the first few lines) explaining how Apple was  
> > planning
> > to go out of business RSN, and the last couple of legal boilerplate  
> > at
> > the end that may have something to do with why:
> >
> > -------- Original Message --------
> > Subject:  iTunes Store Terms & Conditions
> > Date:  Thu, 25 Mar 2010 07:24:01 -0700 (PDT)
> > From:  iTunes Store <do_not_reply () itunes com>
> > Reply-To:  iTunes Store <do_not_reply () itunes com>
> > To:  DELETED
> >
> >
> >
> > *iTunes Store Terms and Conditions have Changed*
> > *iTunes Store*
> > *TERMS OF SERVICE*
> > Pour lire ces Conditions générales en français, veuillez vous rend 
> > re à
> > l'adresse suivante:
> > http://www.apple.com/legal/itunes/cafr/terms.html#SALE
> >
> > TERMS OF SALE
> >
> > CANADIAN SALES ONLY
> >
> > Purchases or rentals (as applicable) from the iTunes Store are  
> > available
> > to you only in Canada. If you are not in Canada you may not use or
> > attempt to use the service. iTunes may use technologies to verify  
> > such
> > compliance.
> >
> > The iTunes Store is provided by Apple Inc. ("iTunes").
> >
> > .
> > .
> > .
> >
> > 67 pages of boilerplate
> >
> > .
> > .
> > .
> >
> > g. You may not use or otherwise export or re-export the Licensed
> > Application except as permitted under the laws of the United States  
> > and
> > Canada law and the laws of the jurisdiction in which the Licensed
> > Application was obtained. In particular, but without limitation, the
> > Licensed Application may not be exported or re-exported (a) into any
> > U.S. embargoed countries or (b) to anyone on the U.S. Treasury
> > Department's list of Specially Designated Nationals or the U.S.
> > Department of Commerce Denied Person's List or Entity List. By  
> > using the
> > Licensed Application, you represent and warrant that you are not  
> > located
> > in any such country or on any such list. You also agree that you will
> > not use these products for any purposes prohibited by United States  
> > law,
> > including, without limitation, the development, design, manufacture  
> > or
> > production of nuclear, missiles, or chemical or biological weapons.
> >
> > h. The Licensed Application and related documentation are "Commercial
> > Items", as that term is defined at 48 C.F.R. ß2.101, consisting of
> > "Commercial Computer Software" and "Commercial Computer Software
> > Documentation", as such terms are used in 48 C.F.R. ß12.212 or 48  
> > C.F.R.
> > ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48  
> > C.F.R.
> > ß227.7202-1 through 227.7202-4, as applicable, the Commercial Comp 
> > uter
> > Software and Commercial Computer Software Documentation are being
> > licensed to U.S. Government end users (a) only as Commercial Items  
> > and
> > (b) with only those rights as are granted to all other end users
> > pursuant to the terms and conditions herein. Unpublished-rights  
> > reserved
> > under the copyright laws of the United States.
> >
> > i. The laws of the Province of Ontario and the federal laws of Canada
> > applicable therein, excluding its conflicts of law rules, govern this
> > license and your use of the Licensed Application. Your use of the
> > Licensed Application may also be subject to other local, provincial,
> > national, or international laws.
> >
> > Last updated: March 22, 2010
> > ____________________________________________________________________
> >
> > Apparently there are analogous versions for people who bought their
> > iPods or Macs in other countries; each country has its own
> > semi-independent iTunes Store.
> >
> > WTF?!  Like, "Here's your new Airbus.  Oh, by the way, you can only  
> > fly
> > it in the country where you bought it."
> >
> > When news of this gets widely disseminated (I'm counting on you to
> > help!) Apple's MacBook, iPod & iPhone sales have go to take a huge
> > nosedive.  So *WHY* would they do such a thing?  Since it can't  
> > possibly
> > be to their commercial advantage, and they aren't idiots, I assume  
> > it is
> > being forced upon them by either Government(s) or competitors --  
> > which
> > of course immediately raises the question, "How could Micro$ith
> > accomplish such a legal coup?"  Or the alternative, "How could  
> > Homeland
> > Security force Apple Canada (and all the other Apples) to do this,  
> > and
> > *WHY*?"  I can think of answers to the latter "How...?", e.g.
> > threatening the parent company; but I still can't see any answer to  
> > the
> > "*WHY*?" that fits a worldwide policy.  In Canada, some bizarre
> > protectionist BS might well be imposed by an imbecilic Government;  
> > but
> > other Governments aren't *all* that stupid.
> >
> > So what's it all about, Alfie?  Anyone got a theory, or, better yet,
> > some hard information?
> > Archives        
>
> --
> Richard Bennett
> Research Fellow
> Information Technology and Innovation Foundation
> Washington, DC



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