[vlc-devel] [iOS] Usual legal analysis

Jean-Baptiste Kempf jb at videolan.org
Wed Nov 14 23:27:51 CET 2012


As you cannot have missed it, the iTunes Store has changed its terms.

The good news is that the legality with other licenses is way more
clear, and that Apple is just an agent in this license agreement:

  You acknowledge that: you are acquiring the license to each
  Third-Party Product from the Application Provider; Apple is acting as
  agent for the Application Provider in providing each such Third-Party
  Product to you; and Apple is not a party to the license between you
  and the Application Provider with respect to that Third-Party Product.
  The Application Provider of each Third-Party Product is solely
  responsible for that Third-Party Product, the content therein, any
  warranties to the extent that such warranties have not been
  disclaimed, and any claims that you or any other party may have
  relating to that Third-Party Product.

  You acknowledge and agree that Apple and its subsidiaries are
  third-party beneficiaries of the Licensed Application End User License
  Agreement or the Application Provider’s end user license agreement, as
  the case may be, for each Third-Party Product. You also agree that,
  upon your acceptance of the terms and conditions of the license to any
  such Third-Party Product, Apple will have the right (and will be
  deemed to have accepted the right) to enforce such license against
  you as a third-party beneficiary thereof.

So, the Apple license is not above the GPL.

For the second part of issues, the "Usage Rules" say a bit the same as
in the past, notably the infamous "you may":

  (i) If you are an individual acting in your personal capacity, you may
  download and sync an App Store Product for personal, noncommercial use
  on any iOS Device you own or control.

  (ii) If you are a commercial enterprise or educational institution, you
  may download and sync an App Store Product for use by either (a) a
  single individual on one or more iOS Devices used by that individual
  that you own or control or (b) multiple individuals, on a single shared
  iOS Device you own or control. For example, a single employee may use
  an App Store Product on both the employee's iPhone and iPad, or
  multiple students may serially use an App Store Product on a single
  iPad located at a resource center or library. For the sake of clarity,
  each iOS Device used serially by multiple users requires a separate

This is a bit more clear, notably because of the last sentence that
seems it is more a question of unique user vs multi-user.
But this is not that clear, and Does it allow all usages?

Best regards,

Jean-Baptiste Kempf
http://www.jbkempf.com/ - +33 672 704 734
Sent from my Electronic Device

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