From: Sandy Thatcher <[log in to unmask]>
Date: Fri, 27 Feb 2015 11:20:39 -0600

Well, Chuck, Let's put it this way: how many 13-year-olds do you think
have read the 30 single-spaced pages of Apple's legal agreement for
using the iTunes Store, the iBooks Store, etc.? How many adults have
read all of it? I daresay very few. (I actually did read all of it,
but I'm surely among the small minority who did.)  And so, if you
found something objectionable on page 19, what do you suppose you can
do about it? Certainly Apple is now going to make a change to suit
your needs.  So it seems a stretch to say that these are really
"agreements" in the first place. They are more like those shrinkwrap
or click-on agreements where one party doesn't have any real power to
negotiate changes and just has to "take it or leave it."

http://www.apple.com/legal/internet-services/itunes/us/terms.html#SALE

Apple also says it may change the agreement at any time. That is
standard fare in contracts of this sort.

Sandy Thatcher


> From: "Hamaker, Charles" <[log in to unmask]>
> Date: Thu, 26 Feb 2015 05:29:40 +0000
>
> I think it isn't library licensed resources that are the thrust of the
> Politico article, though they are a concern of course to libraries.
>
> Pearson's EULA for websites/etc, 1. Requires indemnification.  2.
> Venue for US purposes is in the county of New York, State of New York.
> 3 Has an injunctive relief clause.  4. Is valid they say, for children
> 13 and above (have your normal teenager read this, or even try!)  5.
> Contains this zinger "Pearson may change any of the terms in this
> Agreement at any time..." Of course your continued use of the product
> means you agree with the changes.  But not to put too fine an edge to
> it, the EULA also stipulates, "This Agreement is the entire agreement
> between Pearson and You with respect to the Website."  My copy at 13.3
> point font is 19 pages.
>
> (You can find the major Pearson EULAs here:
> http://247pearsoned.custhelp.com/app/answers/detail/a_id/11786/~/pearsons-end-user-license-agreement-and-privacy-policy)
>
> Ok, how many of you out there would expect a 13 year old to understand
> and be responsible for accepting a 19 page EULA in order to use a
> Pearson website,  understand injunctive relief, be able to agree to
> indemnification, and of course be bound by unknowable changes in
> advance?
>
> That's just a cursory read.  I'll be back hopefully with a more
> careful read later after I've had more time to digest this.  Anyone
> out there want to help?
>
> Thanks
>
> Chuck
>
> P.S. And I should mention, as befits an international company the EULA
> provides for servers in other countries holding your personal
> information:
>
> IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH
> SIMILAR DATA TRANSFER REGULATIONS, BY ACCEPTING THE TERMS OF THIS
> AGREEMENT, YOU EXPLICITLY CONSENT THAT THE PERSONAL INFORMATION YOU
> PROVIDE MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU,
> CANADA OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES. IF
> YOU FAIL TO PROVIDE YOUR CONSENT, YOU WILL NOT BE PERMITTED TO ACCESS
> THE SERVICES FOR WHICH REGISTRATION IS REQUIRED.