Apple iTunes Contract Fail

Just as bad, if not worse, is the agreement that you're asked to do for purchasing via the iTMS on the iPhone.<p>I recently had to update my billing information and it asked that I re-agree to the EULA (on my iPhone itself). It was 92 'pages' long on the iPhone. Completely unreadable. I took a screen shot just to remind myself, but I thought it was completely absurd. I know there's a lot of lawyering just to make the iTMS happen, but 92 tiny pages is absurd, unneeded and not something a consumer can understand. Yet- I can lease an apartment in a simple 2 page contract (or less!). Why is a song more complex than a house? (I know the answer, but it still shouldn't be this way)

I wonder if the fact that noone reads Licensing Agreements anymore means that they have become less (or even un-) enforceable in courts.<p>In Canada, for example, there is an "average person" test, which deals with evaluating the reasonableness of one's action by comparing it what an average person would've done in the same circumstances. If on average noone reads T&#38;C before accepting, then perhaps this may invalidate this T&#38;C agreement model.

Does it even matter? Most people just click "I Agree" even when it's in their language.<p>It would be an interesting experiment to have people perform another action that's described in the TOS to see what percentage of people have actually read it.

any Terms of Service that's longer than a paragraph I just treat as Arabic and click on the Agree button

Someone commented "You obviously logged into the Qatar iTunes store. If you log into the US store you will get the US agreement, or the French store for French agreement." -- If he's not shopping in the US, he shouldn't be logging into the US iTunes, should he?

The problem with ToS is that by the time you reach the point where they show you a ToS you were already otherwise sure you wanted to do the desired action in question. Then they show the ToS, and while yes you have the option of not agreeing to it, the dilemma is that by declining you would then not get the bright shiny thing you've <i>already</i> clearly indicated you wanted by the fact that you reached that point.<p>Also, they are incentivized to make a ToS long and use a small font precisely because the user is less likely to read it and just hit Agree anyway. So they can bury whatever evil things they want in there. Therefore, the whole thing is a sort of pox or anti-pattern.

I wonder if this affects the enforceability of the EULA?

Useless post

Meh... This geolocating is standard procedure, like with much other software that doesn't have readily available locale info. Also Bing, Altavista and Google perform geolocating to serve you the "appropriate language", all depending on where you browse from (they don't check the browser's language setting). If he just logs on to the US iTunes Megastore he gets the contract in English.