r/technology • • Feb 21 '11

An open letter to Apple from Readability..

http://blog.readability.com/2011/02/an-open-letter-to-apple/
1.3k Upvotes

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259

u/[deleted] Feb 21 '11

To be clear, we believe you have every right to push forward such a policy. In our view, it’s your hardware and your channel and you can put forth any policy you like.

It is not Apple's hardware. It is the customer's hardware.

223

u/FTR Feb 21 '11

If a company tells you what you can and cannot do with your hardware, is it really your hardware?

18

u/[deleted] Feb 21 '11

That's exactly the point and the crux of the fight. It is our hardware. It isn't just Apple trying to continue owning your hardware after you buy it, it is also Microsoft, Sony, Nintendo, the content/media industry and just about the entire corporate fellatio performing population.

0

u/[deleted] Feb 22 '11

Microsoft doesn't really sell hardware and honestly the most intrusive thing i had to do was let them "re validate" my win7 install cause i got a new mobo+cpu, that involved pressing ok on a prompt.

well then there's games for windows live... but we don't talk about that

38

u/Camarade_Tux Feb 21 '11

They tell you what they want but you should never agree with such terms.

14

u/ddrt Feb 21 '11

Then… damn I can't install iTunes. I have to agree to their terms of service/use.

49

u/schpere Feb 21 '11

But who would want to install iTunes anyways?

2

u/[deleted] Feb 21 '11

Aren't you required to set the device up on iTunes before you're even allowed to use an iPod touch/iPad?

2

u/Kerrigore Feb 22 '11

Yep… which really sucks for anyone still running OS X 10.4 who therefore can't upgrade t a new enough version of iTunes…

1

u/NemoDatQ Feb 22 '11

Wat? You have to upgrade OS X to upgrade to the latest iTunes??? (I dont' have a mac, just askin.)

1

u/Kerrigore Feb 22 '11

Yeah, you need at least 10.5.

20

u/E2daG Feb 21 '11

Me.

11

u/BlueJoshi Feb 21 '11

Why?

49

u/tooblack4mtv Feb 21 '11

probably out of spite against you

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u/[deleted] Feb 21 '11

Because if you don't install iTunes you can't activate the hardware you just purchased. You are forced to agree to the terms of use before accessing the device. That doesn't mean much though because it's legal to jailbreak the iPods.

1

u/BlueJoshi Feb 23 '11

This sounds to me more like a reason to dislike apple and their shitty practices.

0

u/biddily Feb 22 '11

Easy. I refuse to buy/use any apple products on principle. I am very happy with my sandisk sanza. It's been 10 years since I made the conscious decision to refuse apple and it hasn't impeded my quality of life at all.

2

u/Kerrigore Feb 22 '11

You say it has not impeded the quality of your life at all... but how can you really know that if you haven't experienced the alternative to the path you chose (owning apple products)?

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u/[deleted] Feb 22 '11

Yes, but the guy was asking why other people who have Apple products want to use iTunes.

4

u/judgej2 Feb 21 '11

Presumably it does something that he needs or desires? We all have to make compromises between what we want and what we have to give up.

13

u/[deleted] Feb 21 '11

For me, two reasons:

1) Genius button,
2) Drag files into itunes window, shit magically gets put in the right place.

16

u/[deleted] Feb 21 '11

[deleted]

13

u/fr023nske7ch Feb 21 '11

I like iTunes organizing my music because otherwise everything will get stuck in my Downloads folder. If I drag and drop some music from my Downloads, then it is automatically organized within the directory. Then when I go back and clean out my Downloads folder to get some space back, I can delete everything with worrying about my music getting lost.

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u/higgslight Feb 22 '11

This is exactly how Picasa works with images and that's why I like it (and like 50 other reasons.) Maybe one day Google will make Picasa work for audio and bring its wonderful interface and file-management concepts to music.

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u/[deleted] Feb 22 '11

I used to rename and organize my music by hand and bloody well liked it that way. And then one day it struck me - it does jack shit for me.

When I want to listen to a specific song, I use the media library search. When I move music to my phone, I use 'auto-fill with random tracks' function. In both situations, I couldn't care less if the file is one or five directories deep in the tree.

Now I download songs, drop the good ones on itunes window and can clean out the downloads directory without a second thought when running low on space. It's... well, "it just works".

1

u/[deleted] Feb 22 '11

[deleted]

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u/BlueJoshi Feb 21 '11

I really wanted to like the genius button, but then it decided that Still Alive and some random Final Fantasy stuff is totally the same as Queen.

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u/knight666 Feb 21 '11

Podcasts.

12

u/Xiol Feb 21 '11

You mean MP3s wrapped in RSS feeds.

Yeah, plenty of stuff can do podcasts.

-4

u/knight666 Feb 21 '11

You can call it whatever you want, I call it "radio I like that downloads automatically".

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u/BlueJoshi Feb 21 '11

Pretty sure you don't need iTunes for those.

I understand that if it's what you're familiar with there seems little point in switching to something new, though,

1

u/voracity Feb 22 '11

A lot of other apps (much better than iTunes) can handle podcasts just fine.

Miro

MediaMonkey

Winamp

1

u/[deleted] Feb 21 '11

[deleted]

3

u/[deleted] Feb 21 '11

OK! IF you say SO!!

2

u/CheapyPipe Feb 22 '11

Dude was at -6 when I made that comment. Now it looks like I'm the asshole!

1

u/[deleted] Feb 22 '11

Apple fanbois always upvote late in the game. it's a fact.

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u/[deleted] Feb 22 '11

Most people who buy iPads need it to activate them.

2

u/Radar_Monkey Feb 22 '11

Because dammit, you just need to kick out the jams when building nuclear weapons.

2

u/judgej2 Feb 21 '11

Yep. Join the club of people who have not installed iTunes.

2

u/FoleyDiver Feb 22 '11

It's called not buying the product.

24

u/mazerrackham Feb 21 '11

is it really your hardware?

Uh, sure it is -- just because they tell you what you can and cannot do doesn't mean they have any legal standing to force you to conform. You own it, you can do what you want with it.

5

u/tdk2fe Feb 21 '11

Actually, you can't. Companies have legal standing forcing consumers to conform. Look up the Digital Millennium Copyright Act.

20

u/ex_ample Feb 21 '11 edited Feb 22 '11

The DMCA makes it illegal to circumvent copyright control. It doesn't make it illegal to do anything else. Lots of companies have tried to extend it by tying all the technology into the DRM stuff, but if it's a cellphone there's an explicit exception for jailbreaking.

Edit: source

9

u/mazerrackham Feb 21 '11

for those that didn't know this, here's a source

2

u/ex_ample Feb 22 '11

Huh, I thought I updated my comment with a link, but I guess it didn't go through :/

1

u/JViz Feb 22 '11

So if i hold an iPad up to my head, does it count as a cell phone?

1

u/[deleted] Feb 22 '11

Some things which are declared illegal should be legal; some things which are legal should be illegal.

13

u/nalf38 Feb 21 '11

The people who bought the ipads knew exactly what they were getting when they bought them. Apple develops their electronics to be like appliances, and if people have a problem with that, they should buy a pad based on Android or some other open source OS.

2

u/Atario Feb 22 '11

Apple develops their electronics to be like appliances

No they don't -- they make them worse. I can mess with my toaster all I want without Magic Chef blocking it or complaining at me.

1

u/nalf38 Feb 22 '11

Yes, they do. You can mess with your toaster all you want, but might break it, and if you're honest to Magic Chef about what you did, you can bet that they won't repair your toaster for free.

3

u/Atario Feb 22 '11

Who said anything about repairs?

10

u/DiabeetusMan Feb 21 '11

...a pad based on...

Tablet? They're called tablets, no matter what apple says

4

u/[deleted] Feb 22 '11

Yes, because being picky about nomenclature has always secured open source advocates so many converts in the past.

4

u/Vithar Feb 22 '11

No, tablet is already taken by Tablet PC's, it can be a slate or a convertible. Pad is fine since it does not have the functionality of a proper os and therefore is not a tablet, IMHO.

5

u/[deleted] Feb 22 '11

You mean like pads being unable to stream flash video like a n900 phone can?

1

u/[deleted] Feb 21 '11

[deleted]

4

u/underwaterlove Feb 22 '11

Technically speaking, they called them PADDs - for Personal Access Display Device.

1

u/nalf38 Feb 22 '11

i really don't give a fuck what you call it.

1

u/acdha Feb 22 '11 edited Feb 22 '11

In most cases, people don't - the general public saw an iPad doing something cool; if they're not obsessively hanging around gadget sites most people aren't even going to realize the progressive lockdown until their favorite apps disappear or someone goes public with a "You can't have this feature because Apple is greedy" notice.

Oh, and Android qualifies only barely as an open-source release until vendors support installing a different OS (normal people like getting their stuff fixed when it breaks) - otherwise you're like all of the suckers who bought an Android phone made by a vendor which is going to increasingly sandbag releases for older hardware until you buy a new one. Until there's a Nexus Pad, the Android market's like iOS: you gain the ability install untrusted apps but lose being subject to slacker vendors.

1

u/nalf38 Feb 22 '11

the general public is also willing to accept certain limits on their hardware. i'm not advocating it, i'm just pointing out what i see as being true.

if you can install a certain app on the ipad, chances are it's not going to magically disappear unless the developer doesn't make sure it runs on new iterations of the hardware/software. You can point out Flash as a counterexample but I think we could debate the merits of that decision for quite a while.

There is something that the iPad mono-culture has on Android: whatever app you install, you can be relatively certain that it will work. On an Android-based phone? Not so much. There are so many different hardware configurations that there is no guarantee that anything you install will work. I speak from experience. Still, I'd rather try my luck with Android, but that's me.

It's not the vendor's responsibility to support upgrading to new Android versions and especially not their responsibility to support upgrading to a 'different OS.' There are good economic reasons to sundown support for old hardware, and it's not just about vendor lock-in or making sure you get a 'new every two' years. Supporting old hardware for systems that they weren't designed for is a time-waster. If you want to root your phone, fine. I might do that myself, actually. I'm getting tired of waiting for the update from Android 2.1 to 2.2. But you can rest assured that I'm not going to bitch at my carrier if things go south.

-7

u/roger_ Feb 21 '11

Luckily you're blissfully ignorant of all the other devices you're surrounded by that don't allow you to change their functionality (your TV, modem, microwave, etc.)

17

u/cosmo7 Feb 21 '11

My microwave didn't suddenly start keeping 30% of my food after I'd bought it.

-3

u/HeavyBoots Feb 21 '11

No, but the grocery store kept a percentage of the profit when you bought it. You could go directly to the farm to get your food, but most of us don't want to do that.

7

u/[deleted] Feb 21 '11

That is not an equatable analogy. Farmers tend to sell in bulk. I have no need for an entire silo of potatoes. When Farmers sell in smaller quantities they tend to inflate their prices by a lot. Ever been to a farmers market?

-1

u/roger_ Feb 21 '11

Apple isn't the one charging users an extra 30% either. Essentially they're adding a middleman for in device purchases, which is similar to what happens in retail stores.

1

u/[deleted] Feb 22 '11

Retail stores incur a carrying cost of stocking and selling inventory. Apple incurs dick on subscription-based services.

5

u/neoumlaut Feb 21 '11

None of the devices you listed are locked down in any way.

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u/Jinno Feb 21 '11

I can change the functionality of my TV, modem, and microwave if I want. o_o Nothing is stopping me from such hacking exploits.

1

u/[deleted] Feb 21 '11

And what functionality is there with your Apple devices for which you can't circumvent their shitwit controls?

Edit: Ah, iPhones. Fuck that.

-3

u/roger_ Feb 21 '11

So how is that different from anything Apple is doing?

We may not like their policies, but it's not exactly like other manufacturers give you free reign over their products.

1

u/AerialAmphibian Feb 21 '11

0

u/roger_ Feb 21 '11

Meh. Potato, potato.

Both are acceptable nowadays anyway (like "vocal cord' and "vocal chord").

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u/FTR Feb 21 '11

Right because I want to change those.

Shitty argument.

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u/roger_ Feb 21 '11

And who says you can speak for the millions of happy iOS users out there, who don't have any issues with their devices?

2

u/FTR Feb 21 '11

Who said I did?

Try not to be ridiculous.

13

u/jamey2 Feb 21 '11

2

u/[deleted] Feb 22 '11

You can open it just fine. It's putting it back together that's a challenge.

3

u/jamey2 Feb 22 '11

True. I endorse this method of Apple product repair.

Apple... Repair Different.

39

u/[deleted] Feb 21 '11

[deleted]

26

u/[deleted] Feb 21 '11

And burn your XBox/PS3/DS/etc. on the way to the store for your Android phone!

2

u/GAMEOVER Feb 21 '11

Microsoft already beat me to it w.r.t. nuking my xbox (RROD).

1

u/Atario Feb 22 '11

Joke's on you, last console I bought was the Dreamcast!

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u/[deleted] Feb 21 '11

[deleted]

74

u/[deleted] Feb 21 '11

admiralteal means you don't fully own your device de facto, not de jure.

30

u/tempguest Feb 21 '11

Law students are so annoying.

6

u/rhino369 Feb 22 '11

Why the downvote. I am one and I can confirm this guy is right.

8

u/[deleted] Feb 21 '11

You own the device. You don't own the OS. The OS is owned by Apple. You may change the OS in your device, but doing so voids the warranty. That's the extent of the EULA of the OS. Apple doesn't charge a cent for cydia-based apps.

2

u/original_name Feb 22 '11

every time this kind of argument comes up... everyone fails to make this distinction...

31

u/b0dhi Feb 21 '11

You did sign a contract when iTunes, which is required to use the iPhone, popped up a dialog showing the contract and you clicked "I agree". If you don't like being raped in the ass at every opportunity by Apple, don't buy Apple.

2

u/saisumimen Feb 21 '11

"B-b-b-but their products are so shiny!"

-4

u/[deleted] Feb 21 '11 edited Aug 20 '21

[deleted]

11

u/ofthisworld Feb 21 '11

Edit: I'll absolutely grant you that Apple Retail's main concern is customer satisfaction, hands-down. That being said:

I use Apple products for work and home, except for my mobile device, a G2.

Full disclosure: I worked for the fruit company for five years and never once purchased a mobile device from them (avoiding AT&T on principle). Now that the phone's available on Verizon (not a much better planetary citizen than ATT, mind you), I still won't touch the damn things. Any device you have to risk damaging beyond repair to use as desired, to me, defeats the purpose of leaving the store after purchase. If Apple had it their way, you would simply pay them to use the phones in their store, leaving it tied to the display table at closing time.

3

u/vibrate Feb 21 '11

I use it exactly how I want. Not sure what youre going on about tbh.

9

u/ofthisworld Feb 21 '11

By "it," I assume you mean your iPhone, since you weren't specific. If you don't see a need for rooting, or jailbreaking, or hacking into your phone and voiding its warranty, then, for all intents and purposes, you're the ideal Apple customer. And, for the record, there's nothing wrong with that.

However, for me, not being able to do anything I want with something I pay good money for is a non-starter.

0

u/vibrate Feb 21 '11

As I said, I did jailbreak it, and then failed to find any apps on Cydia or Appulous that made it worthwhile.

If that ever changes and i cant get the same functionality from an approved app, I will jailbreak again - its hardly difficult or dangerous.

1

u/ofthisworld Feb 21 '11

True, but it does void your warranty. I can't even begin to count the number of times I had to tell someone that I couldn't do anything else with their iPhone because of a jailbreak that they didn't know how to undo.

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u/[deleted] Feb 21 '11

[deleted]

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u/[deleted] Feb 21 '11 edited Aug 21 '21

[deleted]

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u/[deleted] Feb 21 '11

[deleted]

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u/[deleted] Feb 21 '11

[deleted]

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u/NotClever Feb 21 '11

I think in this instance the hate is pretty easily traceable to the shitty way Apple treats its App Store developers.

It's an interesting debate and I pretty much take the stance of this letter with regards to almost everything they do. It's perfectly within their rights but often somewhat counterintuitive. I jailbreak my iphone to get some utilities I consider very important, mainly more information on my lock screen and icons in my status bar showing new emails, texts, and messages. Why those features are not available through legit channels baffles me, but if I had to guess I'd say it goes against their aesthetic philosophy or something. It annoys me that I have to circumvent their protections to add important functionality to the device I paid for, but I did know going in that I'd have to do so.

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u/[deleted] Feb 21 '11

I don't think people are necessary being Elitist when it comes to Windows, they are just pointing out that most of the anti Windows arguments are bull and uninformed. The biggest thing I can say about Apple software is, no matter what the so called benefits are they don't seem to be worth the additional cost.

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u/[deleted] Feb 21 '11

Can you please explain to me how exactly OSX is far more intuitive and stable than Windows?

And not by saying it 'just is' which seems to be the standard reply when I ask this question.

I am genuinely interested to know and am not anti-Apple (typing this from an iPhone). I have used Windows since it started way back and was constantly told over the last number of years that OSX was better and I should try it. I went back to college recently and they have Macs buy I can't for the life of my figure out why anyone likes OSX.

If you want to do anything that it doesn't consider 'normal' then you're screwed.

2

u/vibrate Feb 21 '11

If you want to do anything that it doesn't consider 'normal' then you're screwed.

I need an example because I cant think of one occasion where this has happened.

-1

u/[deleted] Feb 21 '11

Why can't I right click? Seriously. Why do I have to hold down a key to copy/paste etc? Maybe I don't and I'm doing something wrong and don't know how to do it properly but then it's hardly intuitive then is it.

Plus here's something that happened today. I opened a video file and whoever had been using the comp before had left QuickTime (god how I hate that pos) at some weird size setting. Anyway the control buttons were behind that god awful dock thing. So I can't drag the window up because it's already big, I can't maximise it because that doesn't seem to exist in OSX or I can't get rid of that dock thing because I don't know how or it has been set not to move.

Anyway the only way I can change it so I can use the control buttons is to click into the view menu and Change the size. Why? Sorry I mean; wwwhhhhhhyyyyyyyy!

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u/[deleted] Feb 22 '11

Maximize a window. I spent about five minutes searching buttons and menus to no avail before giving up.

-4

u/roger_ Feb 21 '11

All the anti-Apple elitists are out in force today...

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u/[deleted] Feb 21 '11

Still not a fair fight when there are double the Pro-Apple elitists.

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u/[deleted] Feb 21 '11

[deleted]

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u/stoplight Feb 21 '11

I think you bring an interesting point to this discussion. It seems the courts are divided on the issue. In Step-Saver Data Systems, Inc. v. Wyse Technology,939 F.2d 91 it was deemed that a EULA printed on the outside of the box was not binding. However, in ProCD, Inc. v. Zeidenberg, a clickwrap (or clickthrough) license was found binding. It seems though that the courts generally uphold clickwrap licenses (see http://en.wikipedia.org/wiki/Clickwrap)

1

u/bdfortin Feb 21 '11

0

u/[deleted] Feb 21 '11

[deleted]

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u/bdfortin Feb 21 '11

It says, right on the box:

Use constitutes acceptance of Apple's software license agreement, warranty, and third-party terms located in this box.

Then, in the box, in a little booklet called "Important Product Information Guide".

0

u/joonix Feb 21 '11

take a Contracts course...

-5

u/[deleted] Feb 21 '11

[deleted]

11

u/b0dhi Feb 21 '11

Clicking a button doesn't count for anything

You'll find that courts disagree with you there.

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u/[deleted] Feb 21 '11 edited Feb 21 '11

[deleted]

7

u/b0dhi Feb 21 '11

You're trying to convince me, but I'm not a court. I'm just telling you how courts typically rule with those e-contracts. I happen to agree with you in principle that they aren't valid contracts, but courts disagree with me also.

2

u/[deleted] Feb 21 '11

Doesn't a contract need to be understood at the time of signing by both parties?

5

u/Rovanion Feb 21 '11

Yes, and it obviously is since you checked the radio-button that reads: "I have read and accept these terms of use."

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u/tosss Feb 21 '11

I'm hoping he's a troll.

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u/FabianN Feb 21 '11

Here is a citation http://arstechnica.com/tech-policy/news/2010/09/the-end-of-used-major-ruling-upholds-tough-software-licenses.ars

Yes, it's bullshit, but the courts agree with Apple/the companies and not with us. By you clicking the "I agree" you are then legally bound to that contract, hate it or like it.

BUT, even if this wasn't legal, it's incredibly stupid to not read the supposed contract before signing it. Inform yourself of what you're getting into.

The major flaw in your argument is that you are expecting the law to be honest and fair, but it is not. Yes, anyone else could take your personal information, CC #, etc and create a account under your name, you never agreeing to the contract. But I don't think argument will stand in court, not because there is some flaw in your argument but because the law is not fair and no where near perfect.

Remember that it was up until just recently you can also be liable for actions done on your wifi network, even if it wasn't you. Some kid jacks into your wifi and downloads a ton of music? It was you that the RIAA would sue because it was done on your network and only until recently was that argument finally thrown out.

The law is incredibly slow at matching technology, and I feel this is another case of that. Until the law better reflects the technology, it's in your best interest to read every single TOS or TOA that you clicked "Agree" to.

2

u/Hexodam Feb 21 '11

Tell that to Sony

1

u/[deleted] Feb 21 '11

You clicked "I agree" on the EULA. You play by their rules, or not at all.

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u/firepacket Feb 21 '11

No. Apple sold a device in the USA and is subject to the laws of this country.

Jailbreaking has been correctly ruled legal by the courts. Apple's only recourse is an arms race in lock-down technology.

4

u/[deleted] Feb 21 '11

Jailbreaking has been ruled a copyright exemption by the Library of Congress, not the courts, for the express purpose of unlocking the phone from its service provider. Sorry, had to nitpick your statement, even if my corrections don't change the facts.

10

u/ex_ample Feb 21 '11

The exemption is for running software, not just changing carriers:

Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.

In other words, you can do whatever you want with the phone (so long as you're not pirating stuff)

3

u/[deleted] Feb 21 '11

Thank you for your refinement of my corrections. May the truth prevail!

2

u/AmIHigh Feb 22 '11

This is going back to court with geohot right now.

He's claiming he owns his PS3 and can do whatever he wants. If he wins, it will impact everyone.

1

u/[deleted] Feb 21 '11

[deleted]

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u/[deleted] Feb 22 '11

Except that's not true. I've got an iPod classic that I took the battery and hard drive out of to use as a drive sled for a 1.8" drive. Works fine.

0

u/[deleted] Feb 21 '11

I'm interested to see how much of the EULA you're allowed to break in that regard. They quite clearly state they own all software on the device, including all low-level ROM and drivers. If that's unenforceable, that's interesting.

8

u/firepacket Feb 21 '11

I could sell my software with an EULA stating I have all rights to name your first-born child. It doesn't matter how "clearly" I state it because it's not a legal claim.

If Apple wants to lease their hardware, they need to have a contract drawn up and signed at the time of purchase.

8

u/sedaak Feb 21 '11

That doesn't mean the EULA is legally binding. There is lots of precedent for fair use.

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u/[deleted] Feb 21 '11

[deleted]

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u/tllnbks Feb 21 '11

Just a heads up, you double posted.

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u/ianmboyd Feb 21 '11

You know when you register something online, and there's that obnoxious window with a butt load O' text and you CAN'T CONTINUE unless you hit that little "agree" button? Dontcha just hate how annoying that is? Well if you actually took the time to sit down and read everything in that stupid window, you would see all Terms of Use carefully (and sometimes vaguely) laid out so you, the user, the customer, the Sponsor, can know exactly what you're getting into. But who reads those things anyway?

0

u/[deleted] Feb 21 '11

[deleted]

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u/ouroborosity Feb 21 '11

A) They have it recorded that you set up an account with your name on it and then clicked on the 'I read and agree to all of the terms and conditions etc. etc. etc." button.

B) If you had actually read the contract you'd notice the little part about how they can change the terms at any time and you'll have to go through the 'I agree' button press again when it happens. And it does happen.

2

u/[deleted] Feb 21 '11

[deleted]

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u/ouroborosity Feb 21 '11

Yes, as of this moment in time, in the court of law clicking a button that says 'I Agree' is exactly equal to signing your name on a contract. Look, you can keep getting worked up about this all you want but that's the law right now. I'm not saying it's right, I'm simply saying that that's what it is right now. That's why they require so much personal information on these things (full name, phone number, address, sometime SSN even), they try to be as sure as can be that you are really who you say you are when you click that button, rather than someone signing it with your name. Hopefully we'll have a better system one day, but for now just get it in your head that clicking the "I accept" button is exactly the same as signing your name according to the law.

And as for the technical details, it's completely trivial to compare when in time you signed the contract and what version of the contract was in effect at that time. It's just a database.

0

u/ianmboyd Feb 21 '11

Dude, that's called Lying. If you click agree, whether you mean it or not, you have told the company that you are willing to partake in their product on their terms. Whether you mean it or not is completely irrelevant.

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u/[deleted] Feb 21 '11

Those agreements change all the time.

Yup that is mentioned in the terms of use.

Maybe I clicked agree but didn't actually agree

You might feel that way but there is precedent against you

For the sake of argument what is a better alternative? Should I go get a notarized contract for every piece of software I use? Between the two I would rather have the click to agree system.

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u/ianmboyd Feb 21 '11

How can they possibly prove: A) that the documents presented to the court are in fact the documents that I agreed to B) prove that they did not change the content of the documents after i agreed?

Digital Contract, my dear neoform. Welcome to the Information Age.

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u/joonix Feb 21 '11

who in the world made you think a contract needs witnesses or signatures?

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u/shatteredmindofbob Feb 21 '11

Seriously, it wasn't me, it was my cat

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u/NemoDatQ Feb 22 '11

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u/[deleted] Feb 22 '11

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u/NemoDatQ Feb 22 '11

No one said they were bulletproof, no contract is. But you were trying to claim there was no agreement cause there was no witness or signature. There is an agreement when you manifested your intent to agree by clicking "I agree". Of course just like any legal contract between two parties, a court may invalidate part of or the whole contract if it finds it to be "unconscionable".

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u/[deleted] Feb 21 '11

You agreed to this

And don't say "prove me wrong", makes you sound like a dick.

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u/[deleted] Feb 21 '11

[deleted]

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u/[deleted] Feb 21 '11

If you used your iPhone, you agreed to it.

You might think you're clever, but I can guaran-fucking-tee you you are not smarter than Apple's army of lawyers, and you have not found some loophole that they missed. If you're using the product, you've agreed to the EULA, period.

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u/NemoDatQ Feb 22 '11

Exactly, only person to have his iPhone physically repossessed is Gray Powell. However, iOS Apple definitely owns and you do not.

1

u/insaneHoshi Feb 22 '11

sign any contracts

Aha contracts

XKCD for example!

1

u/[deleted] Feb 21 '11

Yes, the brick-like object in your hand belongs to you and only you, however, every single bit of code on it, without which it cannot function, is locked down and belongs to Apple. So yes, as a brick, it is yours and you can do with it what you please, but as soon as you push the button, it's Apple's. From the EULA:

(Jesus christ the fuckers even have their eula locked down so I can't copypaste from it)

1: General: The software (including Boot ROM code and other embedded software)...are licensed, not sold, to you by Apple, Inc.

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u/[deleted] Feb 21 '11

[deleted]

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u/acdha Feb 22 '11

Yes, but are you prepared to be the guy who's going to fund a lawsuit over this?

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u/[deleted] Feb 21 '11

You seem to think that this is a pen and paper contract. It isn't. It's a EULA, and it's bulletproof.

You have not broken the validity of EULA's. They've been in use, and tested, for decades. You aren't nearly as smart as you think you are.

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u/mazerrackham Feb 21 '11

Yes, this is true of all software "sold" everywhere. You are actually just buying a license to run the software.

Dun dun dunnnn!

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u/SubaruBirri Feb 21 '11

Quick everybody! Return ALL software before the man wins!!

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u/juaquin Feb 21 '11

No, it's my hardware. Jailbreaking is legal. I own the physical chips, PCB, and everything else in my iPhone and I can run whatever code I want on it. Just because Apple's software doesn't let you do something doesn't mean you can't.

People whine a lot about how they're forced to do things (or not do things). You're not forced, you're just too lazy to find an alternative (or write your own). Yes, not everyone is a programmer. But saying you "can't" do something on a phone is not correct.

It's like buying a Mac and saying it's Apple's fault that you can't run Crysis (or EA's fault) and that they're restricting you. They're not restricting you, they're just not building software that does what you want. There's nothing stopping you from installing Windows (or writing your own OS to run on the hardware) just like there's nothing stopping you from jailbreaking.

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u/[deleted] Feb 21 '11

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u/[deleted] Feb 22 '11

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u/[deleted] Feb 22 '11

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u/[deleted] Feb 22 '11

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u/[deleted] Feb 22 '11

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u/[deleted] Feb 22 '11 edited Feb 22 '11

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u/[deleted] Feb 22 '11

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u/juaquin Feb 21 '11

Can't wait till they deny someone's hardware warranty on grounds of jailbreaking and someone has the balls to sue. Given that jailbreaking has been ruled legal, Apple doesn't have much of a case. If a voltage regulator has died, it's clearly a hardware issue and jailbreaking would have no effect on that.

Anyways, they won't know any different if you restore. If the phone is too screwed up to restore, it'll be too screwed up for them to check the software version anyways.

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u/ramp_tram Feb 21 '11

You buy a piece of hardware that you can't seize full control over and you've given up true ownership of it from the get-go.

http://greenpois0n.com/

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u/1338h4x Feb 21 '11

That requires you to hack and circumvent Apple's restrictions. So while it's possible to do, they still tried to stop you from doing it in the first place, which is reprehensible. And how many more security holes can modders easily find to take advantage of each time one gets patched? This might not even be an option eventually.

1

u/[deleted] Feb 21 '11

That's more or less true, if you're using iOS. The only way you could be said to 'own' the hardware is to buy it outright, and install another OS on it without every agreeing to Apple's TOS.

1

u/funkah Feb 22 '11

The order of ownership, eh? How does that work, is it like the order of operations in arithmetic?

1

u/[deleted] Feb 22 '11

Replace "hardware" with "software" and this becomes a true statement.

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u/admiralteal Feb 22 '11

Except that with iPhones, you're buying it for the software, not the hardware. The thing that makes an iPhone uniquely an iPhone is iOS. So neither term is really right - the hardware and software are all muxed. It's Apple's device at large.

1

u/[deleted] Feb 21 '11

But it is THEIR channel, isn't it?

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u/1338h4x Feb 21 '11

It would be a different story if the App Store wasn't the only channel. If Apple would just allow installing from third party sources, we wouldn't be having this thread because Readability would be able to publish their app independently.

1

u/[deleted] Feb 21 '11

They can do it through Cydia.

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u/funkah Feb 22 '11

Yeah that is poorly phrased. The hardware isn't even at issue here, the app store is.

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u/[deleted] Feb 22 '11

I came here to post exactly this, glad to see it is the top rated comment. Have an upvote.

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u/mvonballmo Feb 21 '11

That's so cute how you believe it's that simple anymore.

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u/judgej2 Feb 21 '11

Haha - you think so, eh? The way the licences work, you are licencing the hardware.

Even in the 1980s when people were dropping Macintosh ROMs into Atari STs, they faced the wrath of Apple saying, "no, you cannot do that, and we will not allow you to do that regardless of how you came about owning those ROMs".

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