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Apple sued for terminating account with $25k worth of apps and videos

arstechnica.com

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Re: Apple sued for terminating account with $25k worth of apps and videos

#71

Post by indymike »

sneak wrote: post #2

All these "stores" have the same wording in their TOS: "this content is licensed, not sold", et c. They all use the terms "buy", "sale", "purchases", "owned", and other similar words in the UI. There's a clear contradiction here, and they shouldn't get it both ways. It's very obvious (to those who know how FAANG walled gardens work) that it's a rental and contingent upon them not evaporating your account for some stu…

We should require that the person who is having an account terminated be compensated by refunding the purchase price, plus interest.

Re: Apple sued for terminating account with $25k worth of apps and videos

#72

Post by narag »

realusername wrote: post #3

> Apple countered by arguing that “no reasonable consumer would believe” that content purchased through iTunes would be available on the platform indefinitely Remember this sentence to change your mind for the next time you see some movie to buy online.

>> Apple countered by arguing that “no reasonable consumer would believe” that content purchased through iTunes would be available on the platform indefinitely

>Remember this sentence to change your mind for the next time you see some movie to buy online.

I read this as "no reasonable consumer would trust us".

Re: Apple sued for terminating account with $25k worth of apps and videos

#73

Post by vbsteven »

Mindwipe wrote: post #51
bityard wrote: post #39

Earlier quoted context omitted.

Well, that's what the court case is about. I would certainly _like_ for the result of the case to be either Apple (Amazon, et al) stops using the word "Buy" in their apps, or better yet but even more unlikely, for the companies to start providing media as DRM-free downloads. But like I said: the cynic in me says neither is going to happen.

There is zero chance of DRM free downloads. Literally zero.

In which context? Services like Qobuz and Bandcamp support DRM-free downloads for your purchases so it is definitely possible.

IMHO chances for DRM-free downloads from Apple are very very slim. But not zero.

Re: Apple sued for terminating account with $25k worth of apps and videos

#74

Post by imgabe »

xyst wrote: post #43

Apple could have avoided this issue entirely by allowing users to download the content without any DRM to a storage provider of their choice (ie, Dropbox, or local storage).

Unfortunately, I don’t think this is Apple’s choice. I think the rights holders get to dictate whether people can download the things or not.

Re: Apple sued for terminating account with $25k worth of apps and videos

#75

Post by nfriedly »

Mindwipe wrote: post #51
bityard wrote: post #39

Earlier quoted context omitted.

Well, that's what the court case is about. I would certainly _like_ for the result of the case to be either Apple (Amazon, et al) stops using the word "Buy" in their apps, or better yet but even more unlikely, for the companies to start providing media as DRM-free downloads. But like I said: the cynic in me says neither is going to happen.

There is zero chance of DRM free downloads. Literally zero.

To be fair, it did happen with music. I think DRM-free movies are unlikely to happen, but I wouldn't put the odds at zero.

Re: Apple sued for terminating account with $25k worth of apps and videos

#76

Post by mc32 »

syshum wrote: post #62
mc32 wrote: post #26

Earlier quoted context omitted.

Historically media has had a limited play-life. 78s, 45s and 33 warped, broke or got scratched, etc., tapes wore out, broke, got tangled etc., CDs scratched or deteriorated after some time. There are exceptional specimens for all the above, but a good number don’t survive long unless owned by an aficionado who took care of their media. With digital you can have backups and in theory they could last forever as you con…

Has has been perfectly legal for decades for a person to make backups of their physical media So this line of thought is completely incorrect, digital distribution did not invent the ability to have backups of media you purchased

That’s not in dispute. What I’m saying is for the most part these media wore out and often times people had to repurchase those media. I’ve known people who had to replace many of their CDs. They didn’t get to go to the store and “return the defective one” for a warranty replacement.

Re: Apple sued for terminating account with $25k worth of apps and videos

#77

Post by chii »

daemoon wrote: post #58
xyst wrote: post #43

Apple could have avoided this issue entirely by allowing users to download the content without any DRM to a storage provider of their choice (ie, Dropbox, or local storage).

This is not even an option, since it will just make it easier to share files illegally and defeat the whole purpose of having an online movie store.

it was already easy to obtain that very song or movie illegally.

Allowing a download doesn't _cause_ more piracy - it just makes the user have more power and control over their content they purchased.

Re: Apple sued for terminating account with $25k worth of apps and videos

#78

Post by wayneftw »

rascul wrote: post #54
gambiting wrote: post #34

Earlier quoted context omitted.

In general, contracts can say literally whatever they want, and it doesn't mean they will stand up in court. If the court agrees that Apple selling $25k worth of stuff and denying access to it isn't "fair", then it isn't fair, end of story, regardless of what the contract says. The court might of course disagree, but you can't be certain until the case happens. I do however believe that Apple will just settle this ou…

I think the courts are going to look for legality instead of fairness.

Both - because there are laws against unfair contracts, especially when the unfair portion is only explained to the less advantaged party (the customer) in hidden tiny text.

Re: Apple sued for terminating account with $25k worth of apps and videos

#79

Post by gpm »

rascul wrote: post #54
gambiting wrote: post #34

Earlier quoted context omitted.

In general, contracts can say literally whatever they want, and it doesn't mean they will stand up in court. If the court agrees that Apple selling $25k worth of stuff and denying access to it isn't "fair", then it isn't fair, end of story, regardless of what the contract says. The court might of course disagree, but you can't be certain until the case happens. I do however believe that Apple will just settle this ou…

I think the courts are going to look for legality instead of fairness.

A reasonably degree of fairness is a requirement to be legal, otherwise the contract is deemed "unconscionable" and void.

Re: Apple sued for terminating account with $25k worth of apps and videos

#80

Post by fsloth »

realusername wrote: post #3

> Apple countered by arguing that “no reasonable consumer would believe” that content purchased through iTunes would be available on the platform indefinitely Remember this sentence to change your mind for the next time you see some movie to buy online.

To be fair, Apple has upgraded the quality of several movie titles I have purchased as HD to to 4k, without a charge.

Personally I treat my Apple purchases as volatile and approach the budgeting for them similarly as I would budget for events such as movie tickets.

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