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Apple Refuses To Unlock Bequeathed iPad
mrspoonsi writes "A man whose mother bequeathed her iPad to her family in her will says Apple's security rules are too restrictive. Since her death, they have been unable to unlock the device, despite providing Apple with copies of her will, death certificate and solicitor's letter. After her death, they discovered they did not know her Apple ID and password, but were asked to provide written consent for the device to be unlocked. Mr Grant said: 'We obviously couldn't get written permission because mum had died. So my brother has been back and forth with Apple, they're asking for some kind of proof that he can have the iPad. We've provided the death certificate, will and solicitor's letter but it wasn't enough. They've now asked for a court order to prove that mum was the owner of the iPad and the iTunes account.'"
Has it ever occurred to you that you could just reflash the device? You might need to manually put it DFU more, or just command click restore in ITunes and that's it.
Apple is right, your mother gave you the iPad, not the data on it.
Just hack it but what are the laws like UK over that??
Just hack it but what are the laws like UK over that??
I don't know what the laws UK like are. With Google look it up, I can!
... Is Apple supposed to help here? Something ain't right.
Apple will do whatever it will takes to demove the family from getting the account access for the following reaons:
1) They want *new* account to inflate the user base.
2) By stalling the request increases the chance that the family decides it's not worth the pain.
3) They don't want to deal with similar cases in the future - there's no money on it. So it's important to them to avoid precedences.
Welcome to this brave new world, where companies decides what you own and the rights you have on it.
Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
How dare that consumer act as though Apple's intellectual property was something she could just 'bequeath' because she's all dead or some sentimental rubbish? She should be grateful that they deigned to permit her a limited license!
... but didn't bequeath all her pr0n. The family could take ownership of the device by just wiping it. The stuff downloaded onto it is a different matter, and I think Apple is doing right by not unlocking it.
Did she bequeath the iPad or the apps/data on the iPad and the iTunes account to go with it? I'm pretty sure that even if the device is locked, that you can still do a factory reset on it and then have access to the iPad. Granted you would lose all the apps and data on the device, but you would still have the device to use as you wish.
If she bequeathed the iTunes account, then the account email and password should have been in the will or related documents, if not, then it's reasonable to assume she just left the hardware which you can reset and then have full use of.
Things you think are in the Constitution, but are not.
Do that, I will patiently await your investigation and that you return here and tell us all about the laws
It's lethal injection or the chair if you hack an iPad.
Those Apple lobbyists do a great job!
Wouldn't that be easier?
Because if not, it's not like any proof of the authenticity of their claim will make any difference at all.
If you ask me, I think that the necessary information about her itunes account and password, given that the device itself was bequeathed in her will anyways, should have been stored in a sealed envelope which accompanied the physical copy of the will.
File under 'M' for 'Manic ranting'
It should be hard. The will may have said they could have the ipad. I didn't see anything about the data on it. Soon enough, it will be basic will-writing protocol to include any necessary keys to data as it is with access physical objects.
Wills aside, I'm glad to see one more hurdle in the social engineering chain.
They'll take your locked stolen iPad from a thief and give them a new one, but they won't do right by a deceased person and allow the family to use it. Figures.
.... but want Apple to just hand over everything just because they claim the device was owned by their dead mother?
A letter from a "solicitor" (whatever the hell that is) is not proof of anything. For all we (including Apple) know this is just a stolen iPad and they are trying to use dear old dead mom as an excuse to unlock it. So, yes ... they should provide REAL PROOF before any company (not just Apple) unlocks a device or hands over any data.
I'm pretty sure I remember a few episodes of Law and Order in which Jack McCoy successfully argued that the need for privacy is alleviated in death. He did this to get medical records unsealed and was successful in his case. Granted, that is TV, but...it seems valid to me.
The thing is, she has willed the iPad, but she hasn't willed her life, and her accounts. Imagine you willed your computer, this in no way implies for example that you would want your heir to have access to your facebook account and who with whom you've been sleeping with over the past ten or 20 years of your living.
Taking away your right to private property, one cloud at a time.
By their request for proof, they have clearly indicated that they do in fact have that ability. Otherwise they'd have started and ended the conversation with a simple, "I'm sorry, but we do not have the capability to compromise any users security. Without the login information or passwords we are unable to assist you.". Or something equivalent.
A solicitor is the UK version of a lawyer.
For all you know? Doesn't seem like much.
I'm not sure what kind of real proof would be sufficient for you. DNA testing the screen along with the exhumed corpse of the mother?
otherwise it might create incentive for people to murder their parents.
TFA doesn't mention whether or not the serial # was specified in the will(my guess is that it wasn't), so how can the family even prove that the ipad they are holding is the same one given to them by their mother? While it more than likely is, if they cannot absolutely prove it's the same device Apple does have a plausible reason for denying the request.
Monstar L
Legally, the Executor of the will (or the appointed Administrator if there was no will), should be able to write that letter of consent, if Apple cretinously insists on having one - the Executor is acting on behalf of the Estate, and has similar powers and reponsibilities as a person with power of attorney.
Yet when governments demand that data be provided, all the fuss goes away and gives it easily.
Live your life each day as if it was your last.
If she had the after-life app she could have taken it with her & not worry about this bequeathing nonsense
Go to Apple store and
- Hello I don't remember my password, and, no, never synced the device since I've no computer
- Well we can reset it but you will lose all your data
Enjoy anew iPad
Slashdot, fix the reply notifications... You won't get away with it...
I was recently the Fiduciary, or executor, or an estate where an iPad was involved. I sent a letter, as the Fiduciary, along with my appointment papers, requesting the password, in order that a proper value of the iPod could be determined, which included the data on the iPad. Apple refused. I immediately made an appointment with the Judge of the Probate, and explained the situation. She immediately sent a letter to Apple, demanding that they supply or clear the password, or be charged with contempt of court. They sent the password. Thankfully, this is not a large area, population-wise, that this could be handled quickly. I can only imagine how difficult it could be in a large city.
Fundamentally, I see this as a security issue. If the deceased wanted someone to have the data on the iPad, she should have provided the means to have access to that data. You can't just bequeath it in a will and then expect everyone else to sort it out after you're gone. That's inconsiderate.
It's also hypocritical to hold a company up to high standards for maintaining security and user privacy, and then at the same time blame them for not just rolling over and handing over the means to decrypt that information. It's not Apple's responsibility to give the family that ability, but the owner of that content. If I have years of personal photos that I've encrypted and bequeathed to someone, I'm sure as hell not going to just say, "here, you get this hard drive full of encrypted memories, but good luck decrypting it--I'm taking the decryption keys to my grave." That's stupid.
Even if Apple can unlock that data and eventually does so, think about how that might look to some people, who would NOT want their heirs/family/descendants to have the means to rummage through their personal data. You see this happen all the time--families of the deceased try to weasel their way into secrets and intimate histories of those who died. If all it might take is some lawyers and potentially dubious documentation to get around a dead person's privacy, then I would think twice about leaving any personal data behind.
The mother is in the right place - she could have a word with Steve Jobs and all would get fixed. Shame he's not here on earth to kick ass for her now.
Artificial intelligence is the study of how to make real computers act like the ones in the movies.
If the security is so good that they need Apple to unlock it then they can easily prove that it's their mom's device because the active account on the device is her mom.
No idea who modded you "insightful" - no disrespect to you, I make 1000 silly mistakes a day, but looking at other people's texts/comments is always easier than judging your own words so I DO have some doubts about those who moderated this comment up. Unless someone can point out an error in my argument, but I think it's pretty obvious (well, obviously, otherwise I wouldn't have said it, wouldn't I).
Make note of the security question options such as:
In what city did your parents meet?
What is the first name of your best friend in High School?
What is the last name of your favorite elementary school teacher?
What is your dream job?
What is your favorite children's book?
What was the first album that you purchased?
What was the first film you saw in the theatre?
What was the first name of your first boss?
What was the first thing you learned to cook?
What was the model of your first car?
What was the name of the first beach you visited?
What was the name of your first pet?
What was your childhood nickname?
Where did you go the first time you flew in a plane?
Where were you on January 1, 2000?
Who was your favorite film star or character in school?
Who was your favorite singer or band in high school?
Who was your favorite teacher?
Wnat is the name of your favorite sports team?
I don't know what the current state of play is, but they used to have standard operating procedures for doing exactly this sort of thing in the even of someone dying - iTunes accounts, iCloud accounts etc. It was all documented and AppleCare took care of it.
The two things they can't do are :
- transfer purchases to a different account
- unlock the device for you
Basically, for most/all iPads and most iOS devices in general, if you don't know the passcode or password to the device, you are screwed WRT getting in to it(even law enforcement).
So basically, they'd have to get the services accounts reset, wipe the device from DFU mode, re-set up the device, and then pull everything back down under the old account and from backup (either iCloud backup or iTunes backup)
Thats less than ideal, but I've seen it done.
Its far more likely that :
a)they ran into an employee who didn't know what they were doing and didn't bother to read their own procedures, and has basically been a bureaucratic *&%# about it,
or
b) asked for one of the things above that can't be done, and what COULD be done wasn't explained or they didn't like that as an answer
and then they went to the media.
Personally I think they should be forced to provide a mechanism to able to consolidate accounts - you can bequeath a record collection to someone for example ...
I'm pretty sure Apple can reset an Apple ID password. As to unlocking the device, that's a separate issue
Maybe iOS 6 or earlier, but not iOS 7. It's doesn't allow for a factory reset without the previous owner's Apple ID.
It's also illegal to impersonate a solicitor/layer in both the US and UK; if it is a scam it went from petty theft to actual jail time and a $5000 fine.
Having one sign off is comparable to a Notary in the US witness and stamp a document.
Apple has a feature called activation lock. Basically the phone checks with Apple's servers to see which Apple ID the hardware was registered to, and will refuse to work unless the previous user first logs into the web interface and removes the lock.
They've now asked for a court order to prove that mum was the owner of the iPad and the iTunes account.
The fact the iPad is synced to the iTunes account is evidence they are owned by one and the same person.
The iTunes account has the full name, address, and credit card information of the owner on it (unless she never bought apps). That credit card account is legally tied to the deceased. Apple already holds the evidence in their own fucking billing system.
...of why no one should ever entrust anything important to others' control.
Does the UK have anything like Power of Attorney in place that the executer of the estate would have to in fact say that for all legal purposes they ARE the deceased?
Just hack it but what are the laws like UK over that??
The idea is that you can't.
The customer does not own the software, the customer has a license to use the system, but iOS remains the property of Apple.
Wouldn't too hard for the right person and I'm sure there's plenty of people that can sympathize with the situation and might even do it for free.
Too early?
Table-ized A.I.
Does the UK have that stupid digital-lock law? If so, it would be a crime to break the lock even if it was otherwise legal.
The iPad is synced to an iTunes account and since it's locked and no one can open it we know it's the account of the owner of the device. The iTunes account is tied to a credit or debit card is it not? Otherwise the owner would not have been able to get any apps for the iPad. Even free apps require some way to legally verify the "purchaser" is in the location they say they are for licensing reasons.
The bank account/line of credit is legally tied to the deceased. Seems to me Apple is sitting on the very proof they are requiring of the family.
... Just call them and say you're from the NSA....
They'll give you the account details, including password, with a smile :)
http://en.wikipedia.org/wiki/S...
cf. http://en.wikipedia.org/wiki/B...
In most English speaking countries outside the US, the concept of 'lawyer' is split into two types of people: solicitors and barristers (though some individuals may practice law as both). Links above explain the difference.
Apple is right here. Someone should be able to show a document saying that they are the executor of the estate. This is needed for many things like bank accounts and such. It is entirely reasonable that this also applies to cloud based content. Without it, if apple would unlock the data, and someone else shows up with a proof of being executor, apple could have a problem.
We just went through all of this after my wife's mother's death, and although it's a big hassle, it's just something that has to be done. Get proof you are the executor, then claim all possessions including cloud based data. This could include things like photos which may have emotional value, so of course data is part of what the executor has to deal with.
In the old minicomputer days, there was a practice to create a new root level account, take it's name and password and put them in a drawer in a sealed envelope. If say some admin changed the root password and went on vacation, you took the envelope out, logged in, changed the root password, deleted the account and created a new alternate account with a new envelope.
Of course she would have to change her will ( the envelope ) each time she changed her password. Plus people generally don't think of such things.
The children either want to avoid full probate because of the expense or need to get a new attorney familiar with whatever the affidavit of small estate alternative process is for their jurisdiction.
Sometimes, I just don't understand the Lawyer outlook of the world. If everything is working smoothly between family members, there ought to be no reason whatsoever to involve lawyers, courts, and extra expenses. Yes, there will always be some people who need a legal mediator... but there will always be people who don't need the extra expense and headache.
The idea that the world runs because lawyers exist, and that we must therefore thank them for making life difficult, is perverse and detrimental to society. Sometimes, in order to be helpful, the profession just needs to get out of the way.
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
I've always hated apple after the Mac 2c i owned. I've ranted on /, about Apple, I've fought tooth and nail over gaming versus artsy fartsy.
Putting all that aside - I'd hate anyone who could look at a dead mothers will and decide to enforce an EULA over a piece of plastic with metal that happened to contain information the children could hold dear. It's just wrong.
She could of flung it out a car window, or had it buried with her, but passing her investment into an item to her children is strictly forbidden? That's worse than Steve Jobs buying cars every six months so he could park in handicapped spaces.
There's a special place in hell reserved for people that run apple.
_ _ _ Go for the eyes Boo! GO FOR THE EYES!
Granted Apple would like that, another sale to boost the bottom line. But why would anyone waste spending $1500 or more in basic legal and court fees for an older/used $300~$400 device.
...first, there may be content of value on the iPad, like photos or something...
What matters is not photos or something, for Apples, so long as there is no profit to be made, they do not care.
Furthermore, the family only a simple garden variety family of peons, and anything short of the NSA (and/or GCHQ) Apple won't give a rat ass about anything.
It isn't about whether the iPad can be unlocked or not ~ of course Apple can unlock it with ease ( Apple, like any other American companies, must engineer in at least a backdoor in all their products to be utilized by the NSA), it's about the snobbish attitude of Apple towards its customers.
Muchas Gracias, Señor Edward Snowden !
I detest Apple but I think they have a point here. If you buy an iPad, you get ownership and the right to transfer the ownership of that iPad. However, when you buy an app, you buy a personal right to use the app. This right is not transferable. If it was, there would be a lively secondary market in apps. The fact that the owner dies does not make the apps transferable either. I assume the will only mentions transference of ownership of the iPad (which is valid) and maybe the apps (which is invalid). If the will doesn't mention other data, they will need a court order. Apple just wants to protect itself but as usual does it in their own arrogant and insensitive way.
Apple is just being a dick, which is really what we can expect from Apple. The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased) and Apple have the capacity to unlock the device (which is scary enough on its own) but refuse to do so because, because, shut up, thats why.
Or maybe Apple is complying with the law? They have not said no, they have said show us something from a judge. In the US we have probate courts that handle transferring owner of property as stated in a will.
Frankly, it would be more of a security vulnerability to reset a password because you got a letter from a lawyer than instructions from a judge. A letter from a lawyer is social engineering (persuasion), even when real. It lacks legal authority, unlike instructions from a judge. Plus judges orders can be verified.
Apple will unlock it for the police, no questions asked, not even a warrant.
Apple have no legal standing here as a properly written will IS a legal document with the authority to transfer ownership
I don't think the will itself has any authority to transfer ownership. Rather it is the probate court that has such authority and the will is the instructions to the probate court on how such transfers are to be made.
Apple may be complying with the law by requiring instructions from a probate court.
I'm not sure what kind of real proof would be sufficient for you. DNA testing the screen along with the exhumed corpse of the mother?
Or maybe (just thinking out loud) an order from the probate court identifying the account whose ownership has been transferred. Crazy thought, I know.
In my view the key here is strictly binding an account to a person.
What if I have all my data, pictures, cd collection, diaries in a safe, and I do not pass the keys to my children when I cease to exist? They simply hire someone to pry it open, and that's it. They will take the items, and posses it from then on. If I leave the keys, they can skip the prying part.
So what with an apple account? Had she passed on the password, could they just log on, and take the items? Not! They cannot empty the account, like transfer music to their own accounts. And the account is really to be deleted, as it belongs to a person who no longer exists. The music is not even there, it was just licensed, and the licensee is no more. The personal pictures and other files is a bit different, but still they are owned by the person owning the account.
Vajk
The family is enough pain. It's going to be even worse for them to know that their mother has gone to Hell for eternity.
DO NOT UNLOCK THAT IMAD UNDER ANY CIRCUMSTANCES.
(the world does not need to see me in a gimp suit with honey on my bum)
What else is new? Human interest takes a back seat to Apple's interests. I'd suggest they have no respect for the dead, but in this case, they are respecting the will of Jobs by carrying on as he would.
(yeah yeah, troll modding here I come. He was pretty famous for being a major ass.)
Apple is following security procedures, as they should, especially after getting roasted for being "lax" last year over Mat Honran or whatever his name was.
Why don't they get mom's ISP to sign her old account over to them (hello, with email) and then use Apple's password recovery process? i.e.: Forgot my password, send me a reset code in an email. Reset the password (in a browser, even) and presto they've got control of all linked Apple devices.
They run around irritating people just because they can and their go-to answer to everything from Tim Cook on down is "You and what army??"
As sad as it is to lose a love one, that is not apples problem. As hard as it sounds, apparently the mother did not want the kinds to know what her account credentials were. You have the ipad, restore to factory defaults and create a new account. I would hope that any company (Microsoft, google, dropbox, etc) would also go though this same 'red tape' upon a request like this. It is easy to get a death certificate for anyone, or heck even make a fake one, it shouldn't be up to apple or any company to allow another person into my account without written consent.
In the story they say 'it's a bit cold of them not to treat things on a case-by-case basis.', they absolutely should not treat this case-by-case otherwise, we will run into the hacking spree that happened with the reporter a few months back.
So if I inherit a locked safe box, the maker of the box has to unlock it for me! He has to or I'll post to slashdot! After all it's my safe now, the will says so! Rly?
The tools for resetting the firmware on an ipad can be found with a simple search. Worst case, jail break it.
And after that who cares what apple says.
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
Written authorization from the executor of the estate should be all that's required, as s/he is the legal representative of the deceased for the purpose of winding up the estate.
I'm sure the hacking community will provide a solution if Apple won't. It's not like companies are held responsible for lack of security, why should this be so difficult? Ridiculous!
They could change the password for the account and give that password to the family, pretty simple really.
Just work with her email provider to reset her password, have access to the email behind her iTunes account, request a password reset and voila!
A whole lot easier and cheaper then getting a bunch of useless lawyers in the mix...
Think outside the box folks.
Does the UK have that stupid digital-lock law?
Nope.
VLC Remote for iPhone and Android
I have read most of the comments up until now. Frankly, most seem as if they were written by a bunch of Apple haters.
The article clearly states that while Apple acknowledges the woman is dead and the person to be the executor of her account, they require a court order and/or proof she is the rightful owner of the device. Why?
We have no reason to doubt the the executor or the heirs that the device belonged to her. But, being unable to provide the unlock code to her iPad nor her Apple Id and associated password (which, could instantly demonstrate it was her device via their FindMyIPhone service), Apple is unwilling to unlock it. They demand further proof of ownership (or, prior ownership).
Why?
First, there are DRM considerations. When a person uses an Apple device and "purchases" certain products through iTunes, they have a non-transferable license to use that material. Unlocking the device, without court order, could subject Apple to litigation by the owners of the DRM software.
Let's assume that the person presenting the iDevice is the legal heir to the device (i.e. it belonged to the deceased and bequeathed to them). Apple is asking for a court order directing them to access the device and remove their legal liability for providing such access to the data on the device and the the violation of privacy. If it were a house or vault, would you not want to make sure that the person you are giving the keys has a legal right to enter the premises?
Next, let's consider the owner has email accounts. The iDevice will, likely, automatically access those email accounts. Services such as FaceBook, Yahoo!, Hotmail, and GMail try to protect the ownership of the private content of those systems - people have a right to an expectation of privacy - even after death. It's in their terms of service. As an heir, you may or may not have a legal right to access those accounts of the deceased individual.
Just last year, I think it was, there was a case where the family of a deceased soldier wanted access to his email. It was denied by the company until a court order was granted.
If Apple unlocks the device and such services are accessed without human interaction (originally, the grandmother had access since she knew the code), you have just violated her privacy (dead or not). Would YOU want to be on the receiving end of a lawsuit where there was information in those private accounts that caused harm to another individual she communicated with via those email accounts? Perhaps, she had a secret life and wanted it kept that way? Maybe she was the mistress of a married man and the disclosure would bring that to light, destroy what was left of his marriage, or open him to a civil litigation? Or, maybe, even a claim against the family of the deceased woman which might go after her assets.
We all kick and scream here about privacy. And, when a company, such as Apple ACTUALLY tries to do the right thing in protecting it, they are scorned and hated. That's why I say it sounds like most of the posts here are from Apple haters.
Let the family produce a court order to have Apple access the device. Apple can look up the serial number (assuming she registered the device) and find the associated Apple ID. And, one would presume they could then unlock the device if in their physical possession (assuming, there isn't some master unlock command they can send). They would, legally, have to wipe the DRM material from the devices or follow other instructions in the court order. And, to keep themselves out of trouble, delete the email accounts and other apps that might automatically log in to a private system BEFORE turning it over to the Executor (unless, the court order grants them legal and civil protection).
Pictures and documents might be stored on cloud services vs on the device itself. In that former case, I hope the family has the passwords to those services so they can access them.
As I get older, I realize that there is a possibility I could die anytime
It's a fucking iPad.
Drop it on the garage floor and whack it with a sledgehammer. Use the dustpan and broom to clean up afterwards, and move on to more important things.
Don't buy apple products. Is it just me or does everyone get the impression lately that Apple doesn't even have a PR department?
Yes, because someone who's stolen a fondleslab is obviously going to go on BBC News to say that they can't unlock it, and fake probate letters etc.
The entire point of requiring iCloud activation on boot after a restore is that it stops things like this working, and stops the iPad from having any value to a thief.
How about "Just accept the information given and make it unlocked, Apple."?
The cost to the family would be about oh... about the same price as a new iPad....
While I agree you can't have it both ways, they have written, legal proof to cover themselves. Apple has more than enough information. This does bring to bear the issue that we need to be prepared for this kind of eventually in case we die.
Or else who owns it now? Apple? then they need to pay death taxes.
this article justifies my reasoning to give up on apple products. they make great products but when its comes to solving problems, you're pretty much screwed. I've had similar situations. Other than hardware reset of the devices (and losing content), I've received no help from apple.
I've always said English was my second language. Had Romeo and Juliet been written in C, I might have understood it.
There's a process for this. It's called [probate](http://en.wikipedia.org/wiki/Probate).
As others pointed out, possession of the property, a will, a death certificate, and a letter from a lawyer are not proof of authority over property held by an estate.
As food for thought, consider:
- What if there are multiple wills that direct the iPad to different people? How is Apple to know which will governs? (Hint: That's what probate is for)
- What if the iPad contains information of financial significance? What if it goes to the wrong person and Apple let them in? Apple would be exposing themselves to legal recourse.
So when someone bequeaths a car, do you have to specify the contents in it? Generally I thought the contents of the car were considered transferred with the physical car.
This has been going on for years
Why not just get access to the email address and send the password reset. Now you have access to the device password and password access to device. It's not that complicated.
It would not be the first time the deceased left a will with a prank inside. Given the vulture-like disposition of some relatives, she might have left the map to her fortune inside the iPad. I would. Without the password, the data would be lost, as the password is used to encrypt the data.
Christ have you read any of this thread or even TFA? It's in England there is no probate!
From wiki:
...
"A representative example of a complete probate clause, from the 14th century (or earlier) onwards
"This will was proved at London before the worshipful Sir Richard Raines, knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, on the twenty third day of the month of June in the year of our Lord one thousand six hundred and ninety seven, by the oath of Mary Bathurst, relict and executrix named in the said will, to whom administration was granted of all and singular the goods, rights and credits of the said deceased, sworn on the holy Gospel of God to well and faithfully administer the same. It has been examined"."
I subscribe to a service called PrimeCuts. It's a service that gets music in the hands of mobile DJs and radio stations, with the full blessing of the RIAA (not that I necessarily desire to be in the RIAA's good graces, but if the Tannenbaum and Thomas-Rasett cases prove anything, it's that they aren't fair regarding noncommercial infringement, thus, commercial infringement in the context of being a mobile DJ would involve that much less fairness...). I cannot (legally) sell the CDs they send me on eBay. I'm pretty sure I can't even legally give them away, for free, even as a permanent transfer. My only recourse, should I wish to absolve myself of the CDs, is to sell my DJ business. The discs are a business asset and they can be permanently transferred as a part of the whole business being transferred, but not as discs by themselves. I think that there is merit to some sort of parallel in this case.
Usual not-a-lawyer disclaimers apply, but my logical reasoning says that a permanent transfer of the iTunes account would allow for digital content to be used by the beneficiary of the will. The apps/music/videos are still tied to the same iTunes account and aren't being transferred between accounts (a requirement for your 'secondary market' analogy to apply), but the account is being used by the beneficiary of the will. Now, for this to work, there needs to be a few things determined:
1.) is digital content given to an account, or a human?
1a.) If account, is it a reasonable argument that since the iPad was left, that the account is an inexorable part of the device? e.g. if a house is stated in a will, but the keys are not, is the beneficiary thus not allowed to enter the house?
1b.) If human, does the Apple EULA explicitly state that the rights cannot be transferred within a will? If so, it seems grounds for a court battle, since intellectual property is transferred all the time as a part of a will - art, vinyl records, DVDs, computer software on plastic disc, etc. Is there sufficient legal precedent to state that content purchased from Apple is not subject to the same laws that allow DVDs to be subject to the terms of the will?
2.) Could it be argued that the only reason this case exists is because there is a passcode on the device, without which, Apple probably wouldn't have been contacted in the first place?
3.) It is entirely possible that there are notes, voice memos, photos, and videos that were generated by the deceased, not by Apple or its licensors. Apple's withholding of the passcode prevents the user from accessing that data, which seems like shaky ground as well.
Then again, this is the problem with 'magic boxes' - people don't quite understand exactly how things interrelate, which means that things that aren't explicitly specified are subject to ambiguity for no reason.
Exactly this. Should they have handed over the account to the chinese hackers that asked with about the same amount of known information the moment the obit hit the newspaper?
Apple ID's password has nothing to do with unlocking the device! if they can't unlock it just do a freaking restore, why are they making a big deal out of this?
as long as you can unlock the device its self easy enough assuming she just has the stock unlock style. you connect the ipod to a 3rd party soft where to dump the mp3s and data. then go ahead and just reflash the ipad under a different account then send all the data back i have done this.
The tools for resetting the firmware on an ipad can be found with a simple search. Worst case, jail break it.
And after that who cares what apple says.
Since iOS 7 if you DFU restore a locked iPad it will be bricked without the Apple ID that locked it. This is an anti-theft measure installed after they had major criticism for their security being too lax.
I have fond memories of the good old days when I packed up all that Apple crap and sold it.
They are not obligated to violate any contacts they had with the deceased. They also are not obligated to violate the person's privacy.
With no explicit permission how is Apple to know that the dead person was going to be ok with their family trampling thru her files, browsing history, email? its one thing to give out the device, but its another to give out the data and should be spelled out explicitly.
As a compromise Apple could either remote wipe it for them, or give them a new one. I support their stance to keep private data, well private.
---- Booth was a patriot ----
What Apple needs to do to enable the device to be unlocked is to change the apple id email and password to one the family has access to, but unfortunately that makes all things apple related linked to that account to whoever the controlling person would be then. So iTunes songs, all the iDevices, developer accounts, everything. Order history from Apple. The easiest way to bequeath an iDevice is to have the account and password in a known location (as will can be recorded instruments and thus spread true info around). So mention in the will the access codes and post death authorization would be in some trusted entities possession in a sealed envelope only to be opened when the will is read. Or similar. Then the burden to keep it updated resides with the devices owner.
I'd be surprised if there were no way to bypass that.
You know apple has a backdoor. If you gave them a locked machine they could unlock it. Which means there is a backdoor...
I haven't looked into it recently so you could be entirely correct. But I'd be very surprised if you can't root a locked ipad.
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
Let's see, iPad belongs to deceased's estate. Executor asks Apple. Apple refuses or drags feet. Executor takes Apple to court. If Apple still refuses, they get slapped with contempt of court, fines etc.
And then, there is also the court of public opinion.
Or, as others have suggested, I'm sure there are plenty that will volunteer to hack it. Who knows, perhaps they can befriend a local constabulary and use one of their tools.
I'd be surprised if there were no way to bypass that.
You know apple has a backdoor. If you gave them a locked machine they could unlock it. Which means there is a backdoor...
I haven't looked into it recently so you could be entirely correct. But I'd be very surprised if you can't root a locked ipad.
The "backdoor" is the Apple ID - you need that password to bypass the lock. Apple obviously has this (well, they have a hash of your password and the ability to reset it). If they want to unlock it all they have to do is reset the password to the Apple ID. They don't need a special backdoor to get around this.
This feature was added because of the massive theft problem and the "easy" way to circumvent the security - just restoring the device then, boom, you have a new iPad/iPhone that you can sell on.
Now the Apple ID that is entered when "Find my iPhone/iPad" is turned on (and it's on by default, or at least you are prompted during setup to turn it on) you absolutely cannot restore the device without it. You can get as far as wiping the device, but from then on it will be impossible to restore it in working condition since the installer will fail the server check because the device is locked. It will prompt you to put in the Apple ID and password.
It used to be far more trivial to convince Apple to do a password reset, but it resulted in a social engineering security breach, so now they are *much* more stringent about it.
Now, as to whether you can root a locked iOS 7 device to get around this, I have no idea.
...don't have any right to the iTunes purchases, the mother may have had photos or other personal written documents that I am sure they would like to recover. This is a perfect example of why you should never put your personal data in any "cloud". Cloud = someone else's computer.
My own mother passed away in the last 6 months and I was in the same situation. It's not complicated to deal with this. Quite simply, whoever has obtained the grant of representation needs to send it (or a certified copy bearing the court seal) to Apple, requesting the unlock. Apple unlocks the device. That's it.
The guy probably didn't read the EULA... The mother didn't own the iPad, the iPad owned her.
The rooting operation typically takes place at the firmware/bios level. At that level, iOS 7 is irrelevant. If you wipe... utterly erase storage memory on an ipad or smart phone that still tends to leave the bios/firmware memory intact. Access that, trigger the flash program... and simply overwrite. You'd need a default ipad rom to write but those can't be hard to find.
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
Apple should help these people out they have all the proper paperwork. But on the other side any junior computer technician can unlock this for under $100 bux! Just take it to a tech and he/she will reset the password or worst case can get all the pictures, data, etc. off the device before a wipe and reload. :) Done and Done!
My brother committed suicide and its was 2 weeks and tons of emails to get his Facebook page removed.
Teh Evilz that iz Apple enthusiasts are always at the ready to cruzify them.
Since it appears that the haters have forgotten to take their Ritalin, and are now in the
!!! Ponies! mode, here is the end of the article:
Since publication, Apple has acknowledged it misunderstood the request to unlock the device. The company has now restored the factory settings. It maintains a court order would be needed to access the iCloud./i>
Shame on you for 6 weeks Samzenpus. Couldn't put that the device is in use now, eh? The only argument left is whether or not she intended her family to have unfettered access to all her personal info on the computer. Perhaps the fact that she did not give them her passwords is illustrative that she might not have.
The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
This is why I don't buy Apple, they charge top dollar and they still think they own it!
If you remove the harddrive and mount it, can you see the files on it from another OS? In order to save them? If so, then do that, wipe the drive and reinstalliOS. Or is that impossible in an iDevice? I don't have obne so I don't know..
I Am Not A Lawyer. I am, I hope, a reasonable, educated human being. Those of you screaming "Moron!" at each other are working very hard to make anyone who reads your comments write you off as a raving loon instead of a reasonable, educated human being. If you can't maintain some sort of civility, no one really cares what you say. I cannot speak to the legality of Apple's actions here, in either the USA or England. I reasonably figure Apple DOES have people who can speak to that and advise them. I also haven't seen anything that indicates the screamers have any more real expertise than I. What I do know is that I don't want Apple to guess at what I want done with my property, or to take the word of my relatives as to what I intended. That's what probate courts are for, folks. If one is truly empowered to handle and dispose of portions of the estate, a competent court of jurisdiction can easily certify that -- and no one else can. A will is only a legal document when a probate court says it is. Wills get tossed out every day. And in my day job (customer service for a utility company) I hear about six times a day from people who claim to be the "executor" of someone's estate -- only to back off the claim when we suggest they need to prove it. I want Apple to insist on a court order if someone should come in to ask them to bypass my account security. If I didn't give them the passwords and codes to do it themselves, they should -- they'd BETTER -- assume I don't approve.
Another reason to avoid apfel!
Rip you off when they sell it, and rip you off when you bequeath it!
My fiancee has a hard copy with all my passwords, PINs & usernames in a strongbox in a sealed envelope. I have hers in the same in my strongbox. If anything happens to either of us, the other one can move forward with anything that might be password protected. Yes we update regularly since passwords change (or they should). Why couldn't Mum write it down somewhere? I have a friend from high school who died a few years ago. His widow modified his FB page to be the page for the scholarship foundation created in his honor. She had the pw and posted that she was going to change the page.
"If stupid things work...then they are not stupid."
Why is Apple the villain here? They merely made the device. The consumer's failure to think ahead is not their problem.
Apple should have no skin in this game, they don't own any part of it.
Has anyone stopped for a second to consider that there are a lot of attempts to use social engineering tactics to get into a person's account, and/or unlock a stolen device?
Apple gets reamed when a prominent user's account is hacked using similar social engineering tactics, but is supposed to let it pass when someone uses easily forged documents?
I give Kudos to Apple (or anyone else) for being pedantic about authentication. Court orders are far more difficult to forge than a death certificate or a letter from a solicitor.
-- Sometimes you have to turn the lights off in order to see.
The ability to unlock isn't the same thing as the ability to authenticate. Many documents (such as a will, death certificate, and notes from a legal professional) are easily and commonly forged. Fraudsters use this route all the time to pull identity theft.
A court order, on the other hand, is positively verifiable.
Here, I think any company (Apple or otherwise, be it a bank, Google, Amazon, whatever) is damned if they do, damned if they don't, so they aught to go with the most secure option.
-- Sometimes you have to turn the lights off in order to see.