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Apple Forced To Clean Up Its Fine Print
Barence writes "Apple has been forced to tidy up its online terms and conditions, at the behest of the UK's Office of Fair Trading. The company has redrafted its Ts & Cs so that it now accepts liability for faulty or misdescribed goods sold from its website or the iTunes store. Apple must also ensure that its conditions are 'drafted in plain or intelligible language' and that they 'do not potentially allow changes to be made to products and prices after an agreement is made.'"
do not potentially allow changes to be made to products and prices after an agreement is made.
As I've said numerous times, this is why EULAs are unenforcable in the UK. It does not stop Apple from adding a feature or function in the future and requiring the user to agree to new T&Cs. It also means they cant force an upgrade with new T&Cs without giving the buyer the option of a refund.
I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
you mean, the iTunes clause:
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 nuclear, missiles, or chemical or biological weapons.
??
Those of us who think they know everything annoy those of us who do.
it is just that the usee misunderstands
As long as you only smoke cocks, per Apple's policy.
As long as you only smoke Steve's cock, per Apple's policy.
but it's important to note, they're not called "cocks" at the Apple store.
They're called "iWangs."
And that's why I am a PC. :)
One blog. Two cases. Everything links back to the one blog. I think we've just promoted another molehill up to mountain status.
And you wonder why Apple users start to get an attitude? It's because we've been suffering dolt-ish comments like this for so long.
http://www.rootstrikers.org/
iTunes lists rap stars as recording artists . Would that fall under the "faulty or misdescribed goods" part?
(There is supposed to be a Sarcmark® here, but my $1.99 check hasn't cleared, yet...)
I've always loved the absurdity of these phrases. Apple disclaims all implied warranties including the implied warranties that their products are what they claim to be and are suitable for the purpose they are advertised for.
In other words, as far as Apple is concerned, if you open your new Macbook Pro box and find a boat anchor instead of a laptop, tough luck.
And you wonder why Apple users start to get an attitude? It's because we've been suffering dolt-ish comments like this for so long.
I thought it was because you were broke...
must also ensure that its conditions are 'drafted in plain or intelligible language'
Surely this is a land without lawyers. Where is this 'United Kingdom' and how soon may we journey to its fair shores?
It's because you're a bunch of catty, uppity girlie-men who believe all of your problems are solved with Greco-Roman wrestling and pretty design.
Is it me or do Apple get in trouble in the UK a lot? I think there's about 4 Apple adverts that have been deemed false advertising by ASA, and now this? Have they really not bothered to hire any UK lawyers?
Anyway this is a bit of a moot point. Terms in a contract that contradict the Distance Selling Regulations or the Sale of Goods act are obviously null (especially so if Apple included the line "This does not affect your statutory rights" or similar), and The Unfair Terms in Consumer Contracts Regulations 1999 will almost certainly nullify any term like "Apple reserves the right to change these terms and conditions at any time." I'm happy about this story but am confused as Apple definitely won't be the only well known company in the UK to do things like these (Microsoft?)
"In no event shall Microsoft be liable for any damages whatsoever, even in the event of fault (including negligence)."
-- Windows XP Professional license agreement
Shutting down free speech with violence isn't fighting fascism. It IS fascism!
Allow you to be a smoker and still get your iCrap serviced under warranty?
Here's Apple, trying to save everybody from lung cancer and all I see are complaints!
If you won't think of the children then Apple have to!
Allow you to be a smoker and still get your iCrap serviced under warranty?
Probably not if the cause of the fault is that it is gunked up with foul-smelling tar. Go read the fine print in every warranty under the sun about not covering neglect or misuse.
Has anybody asked Dell, HP, Sony etc. what they would do in these circumstances? Thought not.
In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
drafted in plain or intelligible language'
Grok buy song. Song play music. Grok happy. Grek buy song. Song broken. Grek sad. Apple not care. Grek angry.
About half of 369 websites selling electronic goods checked in an EU crackdown were found to have exactly these sorts of problems.
Of course, 99% of those websites weren't run by Apple, so they don't get singled out in the press. Fair do's I guess - 99% of companies don't get every product launch reported by the BBC, either.
The EU "distance selling" regulations (which include the UK) are fairly tight and comparatively recent.
In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
that was not Apple's claim at all.
They're trying to claim that they don't have to work on them because nicotine is listed as a hazardous substance -- as is there aren't many other toxic substances bound up in the device already.
do try to keep up
I thought it was because they just hated the way Adam Lambert is being treated so unfairly by the celebrity media.
You are welcome on my lawn.
Advertising?? What an asshole.
What's wrong with Greco-Roman wrestling?
When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
So why is apple going to be held to a higher standard then any other company out there?
Changing products after the sale, and changing terms, is standard practice. Don't like the new terms, dissolve the contract and choose a more customer friendly vendor. If you want the new features that came out afterwards, upgrade. ( or conversely, if you don't like what was removed or added, don't upgrade. )
---- Booth was a patriot ----
And you wonder why Apple users start to get an attitude? It's because we've been suffering dolt-ish comments like this for so long.
Love the way your whining reeks of seeing yourself as a member of a persecuted minority group instead of someone who bought a damn computer made by a particular company. The attitude of over-important, self-consciously "minority" tosspots like you is as much a part of perpetuating the "dolt-ish comments", regardless of who started them.
"Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
As someone who's spent a couple of decades developing systems for
on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facilit.
I can tell you from first-hand experience that that clause is *NOT* telling you not to use the software in those applications -- what it *IS* telling you is that they want you to negotiate a custom license (for a custom fee, of course) for the right to use the software in those applications.
You're just *starting* to get an attitude ?
Why does that really scare me ?
That's not "standard practice" in the UK for the sale of goods. We have an entire "sale of goods act" outlining a customer's rights, for example that a contract is final and binding once money has changed hands, that a seller has specific undisclaimable responsibilities with regards to the quality of goods (a kind of super-warranty) and so on. Apple is being held to the same standard as everyone else.
No kidding!!! What do you say at this point?
psystar should move to the uk and likely be able to do what they are doing for a lot more law on there side.
Says Mr. "hot soldering iron".
Uh huh.
Faster! Faster! Faster would be better!
plain or intelligible language
Which one is it? Do you get to choose whether it is plain or intelligible?
(((dB)))
*walks in the direction of sprint*
Ha! Sprint? Wait until you see what their proprietary firmware does to your phone. Verizon is probably worse now, but only because they took Sprint's castrated firmware strategy and ran with it. Most Verizon and Sprint customers don't even know what their phone's real software looks like. AT&T is probably jealous they haven't been able to keep up, but I'm sure they're working on it.
They work fine right up until they start to fall apart.
Just like the rest of the universe.
All those moments will be lost in time, like tears in rain. Time to die.
Here in New Zealand just about every console/PC game, DVD and CD vendor has decided to refuse product returns due to the "risk" of piracy. I think you can still return a product if it is blatantly defective (i.e., bad media), but otherwise you are out of luck...so it's too bad if the system requirements on the back of the box are outright lies and your machine can't run the game, or if the copy protection doesn't like your DVD drive...
Anyway, there is one retailer (JB HiFi) who have signs all over their games section which state something to the effect of: "No game returns permitted. Your consumer rights are not being violated." I kid you not.
My degree is in electronics. :) By the way, what IS Greco-Roman wrestling?
When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.