Actual quote from Apple's iTunes EULA (End User License Agreement), as found on this site:
"10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software 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 Apple Software, 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 missiles, or nuclear, chemical or biological weapons." (emphasis mine)
Reading this, a few different thought processes come to mind, some satirical, others very serious:
-Damn, now I have to uninstall iTunes. My hopes of one day building an iNuke are dashed.
-I wonder if the Open-Source movement will get into an arms race with Microsoft.
-Someone was either incredibly stupid or incredibly egotistical about their product when writing this.
-Actually, we live in a day and age in which putting something like this into a user agreement is probably a sound business decision. If someone were to, say, send e-books on how to make bombs over iTunes, Apple is in no way responsible - solely because of this clause.
-Where is our society going when the concept of Apple being sued over the content distributed with its software is actually plausible?
-How long will it be before individuals have to have readily-available usage agreements? (Stapled to the back of my shirt: "By engaging in conversation with Zachary Freier ("Me"), you agree to the following terms and conditions. Any and all conversation content transmitted from any labial organ ("Mouth") owned by the second party ("You") to any auditory systems ("Ears") belonging to me is automatically devoid of any claim to copyright. No repetition on my part of vocal sounds originating from your mouth can be claimed by you or any other person or party to be a violation of copyright. You also agree that you will not use anything I say for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.")
Just some food for thought. Now excuse me, I have some "projects" I have to finish on my new music library software.
2 comments:
Hahahaha! That's very good.
First of all, I'm impressed that you'd ever read an EULA. I should know better, but I just click "I accept" and go on. They're too long and too complex. That may also make them unenforceable as contracts, by the way.
I love your personal user agreement, stapled to your collar. You have a precocious feeling for legal draftsmanship.
I'll be pleased to give you a recommendation when you apply to law school. Assuming 2012 doesn't get to us first.
My knowledge of disclaimers comes mostly from skimming over EULAs like this one. I've never actually read one all the way through, but I can absorb quite a lot just skimming.
As for this particular EULA - I didn't find that clause myself, I stumbled upon a reference to it somewhere on the internet.
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