[vlc-devel] [iOS] Usual legal analysis
adrien.tetar at hotmail.fr
Thu Nov 15 12:11:23 CET 2012
> Date: Wed, 14 Nov 2012 23:27:51 +0100
> From: jb at videolan.org
> To: vlc-devel at videolan.org
> Subject: [vlc-devel] [iOS] Usual legal analysis
> 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.
You mean against ?
> 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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