[vlc-devel] [iOS] Usual legal analysis

Adrien Tétar 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
> Hi,
> As you cannot have missed it, the iTunes Store has changed its terms.
> Again.
> 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
>   license.
> 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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