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The New iPhone 4.0

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I find it hard to believe that you aren't allowed to back up music and movies etc..... doesn't the iTunes agreement state that you are? Could they do that if it was illegal under federal law? Could back up places such as Mozy etc. legally offer to back up music files etc. if it was illegal?

 

Personally, I'm going to back it up because I've dealt with too many computer changes and crashes and I'm not going to re-buy everything. I suppose you could make the argument that it's like if your house burnt down, but the house you live in doesn't regularly burn down or stop holding your things every 3 years or so and it can't be stolen while you're on vacation.

 

Then again... this is why I own hard copies of a lot of things, but that may not be the case much longer.

 

 

I also think it's a bit weird that the iPhone would go to Verizon before the release of the next iPhone, unless they're just going to start advertising it in January, but not implement it until June or w/e when the next phone is released, especially with no confirmed news of it right now. Perhaps I'm wrong.

- Jools

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I find it hard to believe that you aren't allowed to back up music and movies etc..... doesn't the iTunes agreement state that you are?

 

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

For movies and protected music states pretty emphatically that you are not:

 

10. Purchase or Rental of Apple Content

 

a. Products Requirements. ... Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Apple shall be without liability to you in the event of any loss, destruction, or damage.

 

b. Use of Products. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

 

However, it's a bit more ambiguous for non-protected iTunes music (which is everything at this point, I believe):

(xii) iTunes Plus Products do not contain security technology that limits your usage of such Products, and Usage Rules (iii) – (vi) do not apply to iTunes Plus Products. You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.

 

Since the first clause talks about usage "whether or not" the file has security software, I'm not sure if that means that even unprotected iTunes music is bound by that or not. But certainly that relates to any video purchased from iTunes.

 

Keep in mind that we're just discussing what you buy through iTunes. If you've bought music through Amazon MP3, another store, or ripped your own CD collection, those have their own rules. I'm guessing Amazon's rules are identical to Apple, but other stores or individual sellers are different. Trent Reznor (Nine Inch Nails, How To Destroy Angels) releases his own stuff under a Creative Commons license, for example. My own next EP will be the same. Back up until your heart's content. :)

 

As for Mozy and the other services, they are simply backing up encrypted data. In other words, the ones and zeros on Mozy's servers are not "listenable" or "watchable" so it's just data (the desktop software encrypts everything before it's uploaded).

 

Personally, I'm going to back it up because I've dealt with too many computer changes and crashes and I'm not going to re-buy everything.

 

As is often the case, the law needs to catch up to the "folkways and mores" of society.

 

 

I also think it's a bit weird that the iPhone would go to Verizon before the release of the next iPhone

 

I agree, January sounds like odd timing. You miss the Christmas rush, you're 6 months to the next iPhone release.

 

Orren

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I don't see in that quote where it says you can't back up your files? It says they won't replace it and that you're responsible for not losing the files, therefore, doesn't that imply that you should back up your files since it is your responsibility for not losing them? In fact... here's a quote from the document saying that exact thing (with the same language in 3 different sections):

 

e. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE THAT ARE STORED IN YOUR SYSTEM.

(bold emphasis is my own)

 

Also, from usage rules between your two quotes:

(vii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.

 

To me that sounds like you're allowed to back up anything you purchase.

 

Out of curiosity, is Apple still not liable if it is a manufacture's defect that kills your computer?

- Jools

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So this is their fix?

 

What would you have preferred that they do?

 

Orren

 

PS—Did you see the

? Pretty cute ;)

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What would you have preferred that they do?

You mean, if I ruled the world? (Don't laugh. It could happen.) I'd have Apple fix the problem (the ones they admit to, anyway) and, if necessary, offer people trade-ins for the fixed phone. Short of that: full refunds if desired. Offering rubber baby buggy bumpers is, IMHO, unaesthetic.

 

PS—Did you see the
? Pretty cute ;)

"The iPhone Antenna Song" is both cute and wise: if you don't want an iPhone 4 don't buy one; if you don't like it bring it back.

 

I too am an Apple fanboy but a fanboy with open eyes.

-Thoth

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Short of that: full refunds if desired.

 

I didn't read the article you linked to, but at Apple's press conference this morning at 10am Pacific, Steve Jobs did exactly that: offered everyone a full refund, no restocking fee, within 30 days of purchase, and that includes refunding of AT&T contract fees as well. So you're out nothing.

 

 

"The iPhone Antenna Song" is both cute and wise: if you don't want an iPhone 4 don't buy one; if you don't like it bring it back.

I too am an Apple fanboy but a fanboy with open eyes.

 

As am I. ;)

 

Orren

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... Steve Jobs did exactly that: offered everyone a full refund, no restocking fee, within 30 days of purchase, and that includes refunding of AT&T contract fees as well. So you're out nothing.

And that is why Steve and Apple ( ;) ) have our loyalty.

 

Also, it's entirely possible he will wind up ruling the world before I do.

So I'm going to stay on his good side.

- Thoth

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Just saw that Apple put up an entire micro-site explaining the issue, including a video on how to reproduce the issue for yourself: http://www.apple.com/antenna/

I find it interesting, yet unsurprising, that Apple not only showed their smart phone's weak spot, but included the weak spot on some other smart phones as well (including, BlackBerry Bold 9700, HTC Droid Eris, Samsung Omnia II). At the bottom they announce that the iSO 4.0.1 software update will give you a more honest bar score. Good for them.

 

Took long enough. But not too long.

(Maybe we can get Apple to tackle the Gulf spill.)

- Thoth

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Here's a Bandaid for the issue... literally!

 

Thought it was cute.

- Jools

PS. There is an app out now for iPhone 4 owners to apply for their free (or a refund for previously purchased) bumper cases.

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Interesting. Just got a mailer from Verizon that they are offering early upgrade to any smart phone. I'm barely halfway through my 2 years. Must be to compete with AT&T allowing iPhone owners to upgrade to the iPhone 4 before the contract was up. Hrm. Maybe a Droid X...

 

IF

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Interesting. Just got a mailer from Verizon that they are offering early upgrade to any smart phone. I'm barely halfway through my 2 years. Must be to compete with AT&T allowing iPhone owners to upgrade to the iPhone 4 before the contract was up. Hrm. Maybe a Droid

 

A friend has a Droid X and had good things to say about it. Well, about the second one. He had to return the first one because its screen was defective.

 

Is that offer good for the next 6 months or so? I'm really not one for rumors, but this constant drumming of how dysfunctional the AT&T/Apple loveless marriage is keeps on going...

 

Orren

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