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Apple Nixes iPad Giveaways
KingSkippus writes "According to a story at CNN, Apple has begun enforcing third party promotion guidelines (PDF) that, among other things, restricts organizations from giving away iPads, using the word 'free' to describe any Apple products in a prominent manner, or promoting giveaways of iPod Touches in lots of less than 250 and with Apple's explicit approval."
Eve enjoyed it...
You can't prevent someone from giving your product away. If they bought one, you can't keep them from giving that product to someone else.
captcha: astound
As in, I am astounded that they think this can possibly work.
Ok so they don't want organizations to buy iPads for people!? Why?
Is there any legal weight behind this, or is this just gesturing on Apple's part? It certainly seems like Apple shouldn't have any control over what I do with my iPad once I've bought it; no matter if I give it away for free, stick it in a blender, or install my own bootloader. It's certainly their prerogative if they want to say that any of those things void my warranty, but I don't think they can enforce any of their demands on me.
In 2001 they were sued by the US DOJ for restraint-of-trade, price fixing, and forming an illegal cartel.
So go ahead Apple. I look forward to seeing you get the same treatment the record companies received. Especially now that the US Congress is investigating you. Not a smart move.
Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
I looked at the terms linked in the article. It appears these terms are attached to special purchases from Apple solely for promotional purposes. (i.e., you contact Apple beforehand about buying some for a promotion and they give you a discount). In that case, you are accepting the contract. And it's not like they'd sell you 249 iPods then get pissy because you had fewer than 250.
But, I believe that if I buy an iPad at retail, I can use it in whatever promotional capacity I see fit as long as I do not violate Apple's IP.
In short: nothing to see here, move along
-Ryan
AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
I don't know what I would do with 250 iPod Touches anyway.
As someone else mentioned, this only applies -- CAN only apply -- to special purchases made under this agreement. If I go buy an iPad at the store, Apple store or otherwise, good luck trying to enforce something like this. I doubt Apple would be stupid enough to try.
encheapin our over priced product. We must put a stop to it!
This sig is not paradoxical or ironic.
Apparently, they think it devalues their products... might wanna do something about the fanboys first!
Grammar nazis are to this community what excrements are to gold.
I'm not sure what they are going for here. If there is a give-away do they think it will water down the brand?
Not "water down"; but "devalue".
Personally, I was trying to figure this seemingly wrongheaded policy out myself. And I think I might have figured it out.
It's called "Perceived Value". Successful marketing in a "technology-driven" company is a curious combination of understanding current (and future) "technology", plus MBA skills, Communication skills, with a dash of Psychology. And the "Psychology" part of that equation tells the Marketeer that when people get things for free, they don't "value" them (or not as much). This, curiously enough, extends even to the people who don't actually receive the item; but even just could have received it.
Think about it: "Everybody" knows that, when when anybody, especially a business (who is, afterall, "in it for the money"), gives something away, that it is very rarely something they could have easily "made money on" (even if they don't actually sell that item themselves).
We are all somewhat "conditioned" to the fact that, only "worthless" items are given away as "Promotion". Often it is basically true. Sometimes not (like, for example, a car); but, in all cases, the "Perceived Value" effect remains in the back of everyone's mind. And Apple is smart enough to pay attention to those nuances of human behavior. it doesn't make them evil, or "dickish"; just perceptive.
I'm sure Steve Jobs throws chairs all the time. The difference is, he hits what he is aiming at, but then very large tattooed "Apple PR reps" secretly buries the bodies under the Infinite Loop late at night. And no one ever hears about it...
Don't get so excited this is only for Apple sanctioned promotions where the advertiser wants permission to use Apple trademarks in their ads. Every company has guidelines for this. This really only applies to Apple dealers and sellers. Your free to do whatever you want if your not using Apple's IP or under contract with Apple already.
Its not a EULA it's an advertising contract. it has nothing to do with consumers.
Not the sort of PR Apple would want IMO.
Have gnu, will travel.
And if you do so, and want to mention the products names in the promotional materials, then you'll need permission from Google or Blackberry. Or else they can sue you, just as Apple can.
Of course, anyone can sue anyone for anything, but Apple would have to prove that the marketing was done in a manner to make it appear that Apple endorsed the contest; simply advertising that you are giving away a product by the name of the product is not sufficient.
paintball
It's official: You need to grow up.
That's what is killing the music industry, the perceived value of their product dropped to zero.
Actually, at least in the case of many "Talent du Jour" faux "musicians", the ACTUAL value of the product is somewhat less than zero!
But, I get your point, and it is somewhat true. When people don't have a physical thing, like a vinyl record, or a CD, to actually covet, and then purchase and OWN; something they can look over at, hold in their hands, look at the artwork, read the liner notes, etc., the "perceived value" of the entire experience is greatly diminished.
And I am very sad to report that there seems to be no one (or basically no one) that "gets that". Least of all, those on the forefront of non-physical media distribution, like Apple is currently, and is about to become even more with iCloud.
At some point, the human psyche will adjust (it already has to some point with the current generation of teenagers), and this will no longer be the case; but for me (and likely for most people posting here), there is at least a tinge of regret that the days of making your Mom drive you to the store so you can buy a new album, then spending the rest of the evening playing it over and over (turn that thing DOWN!), while looking at the album art, etc, are basically over.
I can think of another phrase to use when referring to Apple.
Sieg Heil!
dnuof eruc rof aixelsid
they have started enforcing user profile guidelines:
- people above 25 a body mass index of 25 may not use an iDevice in public. Nor in private in BMI > 30.
- iDevice users must at all times maintain perfect cleanliness and decorum.
- conversely, certain professions may *not* use iDevices: exotic dancers, janitors, butchers, fishmongers... if in doubt, contact a Genius, or point your iDevice's camera at you in your trade dress with your last paycheck, and ask "is this OK" twice. A genius will contact you shortly.
- customers thinking they caught a virus will report to their closer AppleCamp for training on how Apple does NOT have viruses. Repeated offenses will result in termination.
- your iDevice must remain pristine at all times. Don't allow it to become dirty, no stickers, no un-approved cases.
- iDevices may not be taken to non-approved areas. if your device starts beeping loudly with a screen flashing red, immediately get back to an approved iDevice utilization zone.
Apple thanks the California Bureau of Investigations for their help in enforcing those guidelines.
The Cloud - because you don't care if your apps and data are up in the air.
Give away android tablets...
True, copyright needs a major overhaul---it's outlived its usefulness in its current form. Arguably, patent law is even worse—certainly in the matter of patenting software.
Trademark has its problems, too, but just think about about a marketplace where trademark didn't exist. What's that widget you're buying? Oh, it's from Foo, Inc., and they make good stuff. But how do you know it isn't from Bar Corp., which pushes trash that masks itself as Fooware? You'd need a chain of custody similar to what you see on precision instruments: ``Calibration traceable to the National Institute of Standards and Technology''. Except you couldn't be sure the attestation was kosher. You'd have to do a careful analysis of every object you bought more complex than, say, a spoon, to be sure you got what you paid for.
That's the scenario trademark law is written to avoid. What we have here is a baby/bathwater situation caused by blind use of the term ``IP''.
I refuse to believe corporations are people until Texas executes one. -- desert rain on http://www.dailykos.com/user/
You sign a contract with Apple, you have to follow the rules stated by the contract.
You don't sign a contract but just buy the products retail, you can do whatever you want (within the law).
Where I currently live (Singapore), the iPad 2 was advertised as "available now!" for several days, but if you ask for one the store will tell you they're out of stock.
Meanwhile we got so many ad promotions with the magic words "win a free ipad 2" everywhere we turned, from restaurants to supermarkets to banks.
Long story short: People who wanted them can't buy them for weeks because they've been snapped up by companies intending to give them away instead of selling them. I think Apple is simply preventing this situation from happening again.
Pet peeve: Profane people propagating perfunctory pedantry.
Do you think these scammers would pay the slightest attention to what Apple thinks? They're already treading a fine line with legality (e.g. matrix sites are just pyramid schemes) already and it doesn't appear to bother them.