Itunes "we own your soul" agreement
Posted Oct 20, 2006 0:39 UTC (Fri) by giraffedata
In reply to: Why not sue them?
Parent article: Free gadgets need free software
FYI, there are legal restrictions on how much force language like this has. The law does not give a person the power to commit to terms to be made up entirely by the other guy at a later date. The point of language like this in a contract is that the two parties have to agree to current terms on an ongoing basis. Your agreement with Apple concerning a song you download today doesn't mean Apple must give you the same terms on another song tomorrow. But if tomorrow's terms are different, Apple does have to tell you and if you don't actively agree to them, they aren't binding (and, of course, you stop using the service).
The active agreement to the new terms is the continuing use of the service you mention. But that doesn't count if you didn't know the terms changed, and there isn't some reason you should have known. Whether you should have known is one of those matters of opinion that we have juries and mountains of case law for, but it's all quite reasonable.
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