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So Long Privacy: Apple Bans Apps, Music for Customers Who Opt Out of Tracking

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    katralla wrote: »
    eh? Wtf difference does it make if Apple know where you are and what music you listen to?
    And why would Apple need to know exactly where someone was in the first place?

    I can understand them needing to know what country someone is in for iTunes - some labels restrict sales of their music to certain countries due to copyright issues, or due to other labels having signed the music elsewhere. But why do they need to know anything more than that?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The geo-tracking doesn't bother me too much because most makes and models of mobile phones can be triangulated anyway. Plus it's useful for 999 calls. The thing that bothers me is the fact that you get penalised if you opt out. What bothers me even more is that you're forced to use iTunes on your computer if you buy an Apple iPhone or iPod. That criteria alone switches my vote to LG, HTC or Sony-Ericsson.

    LOL @ what Morrocan Roll wrote on page 1 :-)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    iTunes sucks ass as an application. If you're using it you probably should be monitored - just in case you start trying to hug speeding lorries, again.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Are you quite sure about that? I would've thought it's no different from unlocking your phone from a network, multi-regioning your DVD player, or taking the artificial speed limits you get on German cars. They can put these things in place as standard, but I'd be very surprised if they'd managed to get a law in place that says it's illegal to circumvent such measures. But again, it's all about companies trying to control what people do with things they own, which is ridiculous, and it certainly shouldn't have laws enforcing it.
    Yeah, I'm sure, it breaks Apple's agreements, which is a breech of contract.

    @Kira, the users HAVE NO OPTION, to deny or accept, it is ONE WAY. Apple's way. I would have NO problem with accepting a clause that says they can track my location for iAds, but when it's forced upon me and it is MORE than that, then no. iAds alone is being investigated by the FCC [I think it's them] over the legality of it all - I'm sure this too could be added.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    JavaKrypt wrote: »
    Yeah, I'm sure, it breaks Apple's agreements, which is a breech of contract.

    When does the user ever sign a deal with Apple?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Err, no they don't. It's a lump of plastic and metal. I bought it from a retailer, who bought it from Apple. I think you'll find that I own it. And since I own it, I should be able to do whatever I want with it. I bought a phone, I didn't buy usage rights to the phone. I bought usage rights from the network, from whom I'm more than happy to accept terms about my usage.

    But of course what I physically do with my lump of plastic and metal is secondary to what I do to the software on it. If I choose to unlock and artificial restrictions Apple considers necessary, but I don't, it's none of their fucking business. However, this isn't where the story ends, because what we're actually talking about here is usage statistics in terms of iTunes and the App store, and the applications they provide. And of course, here we're into a different territory, because they are now providing me a service, and should be fully within their rights to offer a set of T&Cs that include collecting usage data about me. However, what they shouldn't be allowed to do, which to my knowledge they currently are doing, is preventing any other company from opening their own app stores, with their own selection of apps, with whatever T&Cs they consider appropriate. Again, they've overstepped the mark from dealing purely with their dealings with the customer, to trying to dictate the customer's dealings with other companies in relation to that little box of plastic and metal, just because they happen to be the manufacturer.

    It really is as ridiculous as buying a Sony DVD player, and finding out that you can only play DVDs published by Sony's film company (or non-Sony films they deem worthy), and can only buy them from Sony shops (which of course can then charge ridiculous prices because they have a monopoly). I absolutely guarantee that if this was happening, it would be struck down by every law governing free and fair competition in both America and the EU. And it's not just that. It's that Apple have the power (and have used it) to censor things they deem "inappropriate." So not only are they anti-competition in every sense of the word, they also have ambitions to be our self-elected moral police. But thankfully, they're getting trounced in the smartphone market by Nokia, so it seems the main users of these devices have a bit of sense.

    A company selling a product has the right to dictate the terms of its use.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    G wrote: »
    There isnt but Kira still agreed that apple would be allowed to get away with it. Its called baiting.

    In theory, why not?

    The person providing a product has the right to determine the terms of sale.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    When does the user ever sign a deal with Apple?
    You click agree, you agree, you sign.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    A company selling a product has the right to dictate the terms of its use.
    Fine, in that sense, when Google releases Chrome on pretty much all major retailer netbooks/laptops (namely HP as one [if you were to buy one]), are you fine for Google to take information and store it, to use it for their gain if you like it or not?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    JavaKrypt wrote: »
    Fine, in that sense, when Google releases Chrome on pretty much all major retailer netbooks/laptops (namely HP as one [if you were to buy one]), are you fine for Google to take information and store it, to use it for their gain if you like it or not?

    If Google made it known, then yes i would have no problem. If they did not, it's fradulent.

    In any contract, people should be made known of all clauses and terms. It wouldn't be valid otherwise.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    If Google made it known, then yes i would have no problem. If they did not, it's fradulent.

    In any contract, people should be made known of all clauses and terms. It wouldn't be valid otherwise.

    Which is great, except apple have imposed these conditions AFTER people bought the products.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    A company selling a product has the right to dictate the terms of its use.

    Yeah great argument. :rolleyes: As a blanket statement of fact, it's incorrect, and as a statement of what should be, you fail to back it up with a single reason why it should be the case. Nor do you address a single argument I make, which leads me to believe you don't have a clue what you're talking about. The right to dictate terms of use varies massively based on the product in question. But each one still has to be justified, and you've failed to do so.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    JavaKrypt wrote: »
    You click agree, you agree, you sign.

    Click what? I've bought a phone before. I've never had to click anything. I've had to sign a contract with Vodafone, not Nokia. Nokia couldn't give a shit what I do with their phone. They've got their money and I've got my phone.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yeah great argument. :rolleyes: As a blanket statement of fact, it's incorrect, and as a statement of what should be, you fail to back it up with a single reason why it should be the case. Nor do you address a single argument I make, which leads me to believe you don't have a clue what you're talking about. The right to dictate terms of use varies massively based on the product in question. But each one still has to be justified, and you've failed to do so.

    Dude, it's best not to bother. He doesn't answer questions, or at least if does they're the ones he's posed to himself in his head.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yeah great argument. :rolleyes: As a blanket statement of fact, it's incorrect, and as a statement of what should be, you fail to back it up with a single reason why it should be the case. Nor do you address a single argument I make, which leads me to believe you don't have a clue what you're talking about. The right to dictate terms of use varies massively based on the product in question. But each one still has to be justified, and you've failed to do so.

    It's basic consumer law.

    If i went to subway, they dictate the price, and all items i can order. It's their product to sell, so it's their own right and prerogative. It may vary on the product, but only subject to law and in a lot of cases the company's own policies.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Something consumable is very different in law (and ethics) than a permanent product and its services are.

    Oh this apple thing is as if subway let you eat the sandwich, but the next one will be poisoned if you ever buy from anyone else, and they would tell you this after you get the iphone.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    It's basic consumer law.

    Actually, this is more likely to come under the "unreasonable" penalty aspect of consumer law.
    If i went to subway, they dictate the price, and all items i can order.

    Actually they don't.

    The contract isn't formed until you pay, until that point you can withdraw from the contract. If they then try to add new contrctual terms (such as their right to watch where you eat and to tell others what you ordered) then you can renegotiate the price, they cnnot take back the sandwich, stop you from eating it or stop you shopping elsewhere.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MoK wrote: »
    Actually, this is more likely to come under the "unreasonable" penalty aspect of consumer law.

    vv

    Actually they don't.

    The contract isn't formed until you pay, until that point you can withdraw from the contract. If they then try to add new contrctual terms (such as their right to watch where you eat and to tell others what you ordered) then you can renegotiate the price, they cnnot take back the sandwich, stop you from eating it or stop you shopping elsewhere.

    that's not related to my point. he asked why firms could deny sale, and I told him why.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Dude, it's best not to bother. He doesn't answer questions, or at least if does they're the ones he's posed to himself in his head.

    I did answer it though. :confused:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    that's not related to my point. he asked why firms could deny sale, and I told him why.

    Actually, when you suggest that consumer law allows the seller to dictate terms after a sale then contract law is directly relevant.

    Mainly because you shows that you are completely wrong.

    The sale and contract have already been agreed, at the point of sale. That's when agreed terms of sale formed the contract.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    It's basic consumer law.

    If i went to subway, they dictate the price, and all items i can order. It's their product to sell, so it's their own right and prerogative. It may vary on the product, but only subject to law and in a lot of cases the company's own policies.

    Erm no it's not. Of course everything you say about Subway is correct, but it bears no resemblance to the debate at hand. Subway certainly can't include a clause in the purchase of the sandwich that dictates when, where and how I can eat the sandwich. Well they can if they want, but it would have no legal authority. Like I said, once the transaction has been completed, it's my sandwich to use as I wish. It is no longer "their product" as you keep trying to claim, it's my product, because I bought it. What you are arguing for is that once they've completed the transaction, they should have a continued influence over what I do with the sandwich, or in Apple's case, the phone. You seem to be under the impression that once an item has been sold, the person or company doing the selling still owns that product. They may own the intellectual property on which that item is based, but they don't own the product itself.

    You can't just write whatever you want into a contract, and once it's signed, that becomes legally binding. That's why pre-nups often aren't worth the paper they're written on, and why it is quite possible to demand a replacement or repair for a product that breaks outside of the warranty period.

    Anyway, Apple has been found flouting EU and US laws in the past, and I think it'll only be a matter of time before its dodgy business practices are put through the courts again.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    that's not related to my point. he asked why firms could deny sale, and I told him why.

    I didn't ask why firms could deny sales at all. Although it's worth pointing out in the light of one of your previous comments that a company certainly can't deny a sale on the grounds that someone is black.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I didn't ask why firms could deny sales at all. Although it's worth pointing out in the light of one of your previous comments that a company certainly can't deny a sale on the grounds that someone is black.

    In practice, perhaps not. But in theory, yes. A product, prior to sale, is the property of the seller, so he can sell it to who he wants.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Erm no it's not. Of course everything you say about Subway is correct, but it bears no resemblance to the debate at hand. Subway certainly can't include a clause in the purchase of the sandwich that dictates when, where and how I can eat the sandwich. Well they can if they want, but it would have no legal authority. Like I said, once the transaction has been completed, it's my sandwich to use as I wish. It is no longer "their product" as you keep trying to claim, it's my product, because I bought it. What you are arguing for is that once they've completed the transaction, they should have a continued influence over what I do with the sandwich, or in Apple's case, the phone. You seem to be under the impression that once an item has been sold, the person or company doing the selling still owns that product. They may own the intellectual property on which that item is based, but they don't own the product itself.

    You can't just write whatever you want into a contract, and once it's signed, that becomes legally binding. That's why pre-nups often aren't worth the paper they're written on, and why it is quite possible to demand a replacement or repair for a product that breaks outside of the warranty period.

    Anyway, Apple has been found flouting EU and US laws in the past, and I think it'll only be a matter of time before its dodgy business practices are put through the courts again.

    If apple, as per the conditions of sale, stated that then there is no wrong here.

    The issue here is that it goes beyond the terms of sale.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MoK wrote: »
    Actually, when you suggest that consumer law allows the seller to dictate terms after a sale then contract law is directly relevant.

    If per the original terms, then yes.
    Mainly because you shows that you are completely wrong.

    The sale and contract have already been agreed, at the point of sale. That's when agreed terms of sale formed the contract.

    Yes. But terms of sale, in theory, can mean anything. If a person buys a car on credit, the terms of sale are that the buyer pays installments as payment for it. This is an example.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    In practice, perhaps not. But in theory, yes. A product, prior to sale, is the property of the seller, so he can sell it to who he wants.

    Erm... this isn't theory.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    Yes. But terms of sale, in theory, can mean anything. If a person buys a car on credit, the terms of sale are that the buyer pays installments as payment for it. This is an example.

    Yes, agreed terms of sale, at the point of sale. That isn't the case here, is it?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    The issue here is that it goes beyond the terms of sale.

    Which is what we have been trying to tell you all along.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    kira wrote: »
    In practice, perhaps not. But in theory, yes. A product, prior to sale, is the property of the seller, so he can sell it to who he wants.

    Erm no, quite the opposite again. In practice, you can quite easily refuse service to a black person and pretend you're doing so for some other reason. In theory though, it's absolutely illegal to refuse service to someone based on the colour of their skin. It would land the shop owner with a pretty hefty fine if he was found guilty of doing so.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    wtf? Now you're being a cunt and doing it too - what the fuck have the terms of a service got to do with racism? Why are you even trying to equate the two things dickhead?
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